Western Australian Current Acts

TRANSPORT (ROAD PASSENGER SERVICES) ACT 2018 - SECT 12

12 .         Close associate

        (1)         In this section —

        relevant financial interest , in relation to an on-demand booking service, means —

            (a)         any share in the capital of the on-demand booking service; or

            (b)         any entitlement to receive any income derived from the on-demand booking service, or to receive any other financial benefit or financial advantage from the provision of the on-demand booking service, whether the entitlement arises at law or in equity or otherwise; or

            (c)         any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on or from which the on-demand booking service is or is to be provided (for example, an entitlement of the owner of the premises from which the on-demand booking service is provided to receive rent as lessor of the premises);

        relevant position means —

            (a)         the position of director, manager or corporate secretary; or

            (b)         any other position, however designated, if it is an executive position;

        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 a relevant position.

        (2)         In this Act, a person is a close associate of an applicant for authorisation to provide an on-demand booking service or the authorised provider of an on-demand booking service if the person —

            (a)         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 relation to the on-demand booking service, and by virtue of that interest or power is or will be able (in the opinion of the CEO) to exercise a significant influence over or in relation to the management or operation of the on-demand booking service; or

            (b)         holds or will hold any relevant position, whether in the person’s own right or on behalf of any other person, in the on-demand booking service; or

            (c)         is or will be engaged as a contractor under a contract of service or employed in the on-demand booking service.

        (3)         For the purposes of this section, a financial institution is not a close associate by reason only of having a relevant financial interest in relation to the on-demand booking service.

        (4)         This section extends to relevant financial interests and relevant powers even if those interests and powers are not payable, exercisable or otherwise enforceable as a matter of law and equity but are payable, exercisable or otherwise enforceable as a matter of fact.