Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 921

921. (1) In this Part, "excluded person", in relation to a member of a
participating exchange, means:

   (a)  in any case-the member;

   (b)  if the member is a member organisation of the participating exchange
        and is not a body corporate:

        (i)    a person who is the spouse, or who is a relative, of the
               member;

        (ii)   a trustee of a trust in relation to which the member or a
               person of a kind referred to in subparagraph (i) is capable of
               benefiting; or

        (iii)  a body corporate of which the member is an officer, or in which
               the member or a person of a kind referred to in subparagraph
               (i) has, or the member and such a person, the member and 2 or
               more such persons, or 2 or more such persons, together have, a
               controlling interest;

   (c)  if the member is a member organisation of the participating exchange
        and is a body corporate:

        (i)    a person who is an officer of the body corporate;

        (ii)   a body corporate that is related to the first-mentioned body
               corporate;

        (iii)  a person who is the spouse, or who is a relative, of a person
               of a kind referred to in subparagraph (i);

        (iv)   a trustee of a trust in relation to which a person of a kind
               referred to in subparagraph (i) or (iii) is capable of
               benefiting; or

        (v)    a body corporate in which a person of a kind referred to in
               subparagraph (i) or (iii) has, or 2 or more such persons
               together have, a controlling interest;

   (d)  if the member is a partner in a member organisation of the
        participating exchange and is not a body corporate:

        (i)    a person who is a partner in the member organisation;

        (ii)   a person who is the spouse, or who is a relative, of a partner
               (not being a body corporate) in the member organisation;

        (iii)  a trustee of a trust in relation to which a person of a kind
               referred to in subparagraph (i) or (ii) is capable of
               benefiting;

        (iv)   a person who is an officer of a body corporate that is a
               partner in the member organisation; or

        (v)    a body corporate of which a person of a kind referred to in
               subparagraph (i), (ii) or (iii) is an officer, or in which such
               a person has, or 2 or more such persons together have, a
               controlling interest; or

   (e)  if the member is a partner in a member organisation of the
        participating exchange and is a body corporate:

        (i)    a person who is an officer of a body corporate that is a
               partner in the member organisation;

        (ii)   a body corporate that is related to the first-mentioned body
               corporate;

        (iii)  a person who is a partner in the member organisation;

        (iv)   a person who is the spouse, or who is a relative, of a person
               (other than a body corporate) of a kind referred to in
               subparagraph (i) or (iii);

        (v)    a trustee of a trust in relation to which a person of a kind
               referred to in subparagraph (i), (iii) or (iv) is capable of
               benefiting; or

        (vi)   a body corporate in which a person of a kind referred to in
               subparagraph (i), (iii) or (iv) has, or 2 or more such persons
               together have, a controlling interest.

(2) A reference in subsection (1) to a relative of a person includes a
reference to a relative of the spouse (if any) of the person.

(3) A reference in subsection (1) to an officer of a body corporate is a
reference to:

   (a)  a director, secretary or executive officer of the body corporate; or

   (b)  a person who is an officer of the body corporate by virtue of
        paragraph
(b), (c), (d) or (e) of the definition of "officer" in section 9.