Western Australian Current Acts Western Australian Current Acts (1) In this Part
—
offeror , includes invitor;
option to purchase includes a gratuitous option to
purchase; and
Registrar means the Commissioner for Corporate
Affairs appointed pursuant to section 4 of the Companies (Administration) Act
1982 , and includes a Deputy or Assistant Commissioner for Corporate Affairs
appointed pursuant to that Act, or a person acting in any such office.
(2) For the purposes
of this Part —
(a) an undivided share
in land includes any interest or right, whether legal or equitable, in an
undivided share in land and includes an option to purchase such an interest or
right;
(b) a
reference to an interest in land is a reference to any interest in the land of
whatever kind, legal or equitable, and whether represented by undivided shares
or otherwise;
(c) offer to the
public for purchase , or offer to the public options to purchase or invite the
public to purchase includes —
(i)
offer to any section of the public for purchase, offer to
any section of the public options to purchase, or invite any section of the
public to purchase, whether the section of the public is selected as clients
of the person making the offer or invitation, as the case requires, or in any
other manner;
(ii)
going from place to place, whether by appointment or
otherwise, offering for purchase to the public or any member of the public,
offering options to purchase to the public or any member of the public, or
inviting the public or any member of the public to purchase, as the case
requires; and
(iii)
by telephone, offering to any member of the public for
purchase, offering options to purchase to any member of the public, or
inviting any member of the public to purchase, as the case requires;
and
(d)
another person is an associate of an offeror where —
(i)
if the offeror and that other person are both
corporations, the corporations are related bodies corporate within the meaning
of the Corporations Act 2001 of the Commonwealth;
(ii)
the offeror is a person in accordance with whose
directions, instructions or wishes that other person is accustomed or is under
an obligation, whether formal or informal, to act in relation to any interest
in the land;
(iii)
the offeror is a person who is accustomed or is under an
obligation, whether formal or informal, to act in accordance with the
directions, instructions or wishes of that other person in relation to any
interest in the land;
(iv)
the offeror is a body corporate in accordance with the
directions, instructions or wishes of which, or of the directors of which,
that other person is accustomed or is under an obligation, whether formal or
informal, to act in relation to any interest in the land; or
(v)
the offeror is a body corporate that is, or the directors
of which are, accustomed or under an obligation, whether formal or informal,
to act in accordance with the directions, instructions or wishes of that other
person in relation to any interest in the land,
but a person shall not
be regarded as a person in accordance with whose directions or by whose
instructions another person is accustomed to act by reason only that that
other person acts on advice given by the firstmentioned person in a
professional capacity.
(3) Without limiting
the generality of section 19B(1)(c), a person shall, for the purposes of this
Part, be regarded at any particular time as carrying on the business of
selling undivided shares in land if within the immediately preceding period of
12 months, the total number of transactions entered into as vendor by that
person and his associates or any one or more of them for the sale of undivided
shares in land exceeded 3, except where the purchasers in each of those
transactions are identical.
[Section 19A inserted: No. 70 of 1974 s. 4;
amended: No. 10 of 1982 s. 28; No. 20 of 2003 s. 43.]