Victorian Numbered Acts Victorian Numbered Acts(1) In this Act, a person is associated with another person or entity who is the holder of a commercial fishery licence or aquaculture licence if the person—
(a) holds any relevant financial interest in the business of the other person or entity to which the commercial fishery licence or aquaculture licence relates, or is entitled to exercise any relevant power (including on behalf of anyone else) in the business and, because of that interest or power, is able to exercise significant influence over or with respect to the management or operation of the business; or
(b) holds any relevant position (including on behalf of anyone else) in the business; or
(c) is the other person's spouse, domestic partner, parent, step-parent, sibling, step-sibling, child, step-child or adopted child.
(2) In subsection (1)—
"domestic partner "of a person means—
(a) a person who is in a registered
domestic relationship within the meaning of the Relationships
Act 2008
with the person; or
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
"relevant financial interest in the business" means—
(a) any share in the capital of the business; or
(b) any entitlement to receive any income derived from the business;
"relevant position "in a business means the position (however described) of director, partner, trustee, manager or other executive position or secretary;
"relevant power "means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—
(a) to participate in any directorial, managerial or executive decision; or
(b) to elect or appoint any person to any relevant position.
(3) For the purposes of the definition of domestic partner in subsection (2), in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.