Western Australian Current Regulations Western Australian Current Regulations (1) This regulation
has effect for the purposes of section 3(4)(d).
(2) A person occupies
a position of authority in a body corporate that is a proprietary company (the
relevant body corporate ) if the person is —
(a) an
ultimate holding company (as defined in the Commonwealth
Corporations Act 2001 section 9) in relation to the relevant body
corporate; or
(b) a
director of the ultimate holding company; or
(c) if
the ultimate holding company is a proprietary company, a director of or
shareholder in the ultimate holding company.
(3) A person occupies
a position of authority in a body corporate that is a proprietary company (the
relevant body corporate ) if —
(a) the
person is —
(i)
a director of a body corporate; or
(ii)
a director of or shareholder in a body corporate that is
a proprietary company;
and
(b) the
body corporate referred to in paragraph (a)(i) or (ii) is a shareholder
in the relevant body corporate.
(4) If —
(a) a
person occupies a position of authority in a body corporate that is a
proprietary company (the relevant body corporate ) —
(i)
by the operation of this regulation (including by the
operation of this subregulation); and
(ii)
because the person is a shareholder in another body
corporate;
and
(b) the
person is a body corporate,
a person who
is —
(c) a
director of the body corporate referred to in paragraph (b); or
(d) if
that body corporate is a proprietary company, a director of or shareholder in
that body corporate,
occupies a position of
authority in the relevant body corporate.
[Regulation 5B inserted: Gazette
1 May 2007 p. 1865‑6.]