Victorian Numbered Regulations

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MOTOR CAR TRADERS REGULATIONS 2008 (SR NO 144 OF 2008) - REG 5

Definitions

r. 5

    (1)     In these Regulations—

"motor cycle" has the same meaning as in the Road Safety Act 1986 ;

"publish" means to make generally known by any means, including by means of print, broadcast or electronic communication;

"relevant financial interest", in relation to a business, means—

        (a)     any share in the capital of the business; or

        (b)     any entitlement to receive any income derived from the business; or

        (c)     any entitlement to receive any payment as a result of money advanced to the business;

"relevant position", in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated;

"relevant power", in relation to a business, 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 in the business; or

        (b)     to elect or appoint any person to any relevant position in the business;

"the Act" means the Motor Car Traders Act 1986 ;

"truck" has the same meaning as in the Road Safety Act 1986 .

    (2)     A reference in these Regulations to a form is a reference to a form in Schedule 1.

    (3)     A reference in these Regulations to a section is a reference to a section of the Act.

    (4)     For the purposes of these Regulations, businesses are associated if—

        (a)     they are carried on by the same person; or

        (b)     one business is carried on by a person and the other business is carried on by a person who is—

              (i)     a spouse or domestic partner of that person; or

              (ii)     a business partner of that person; or

              (iii)     directly receiving any income derived from the business carried on by the other; or

        (c)     one business is carried on by a body corporate and the other business is carried on by a person who—

              (i)     is a director or secretary of the body corporate or a spouse or domestic partner of such a director or secretary; or

              (ii)     holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in the person's own right or on behalf of any other person), in the business of the body corporate under which the person is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or

              (iii)     holds or will hold any relevant position (whether in the person's own right or on behalf of any other person) in the business of the body corporate; or

              (iv)     is a related body corporate within the meaning of section 9 of the Corporations Act or a director or secretary, or a spouse or domestic partner of a director or secretary, of a related body corporate.



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