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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 921

Excluded persons

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

(a)
in any case—the member; or

(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; or
(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; or
(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; or
(ii)
a body corporate that is related to the first-mentioned body corporate; or
(iii)
a person who is the spouse, or who is a relative, of a person of a kind referred to in subparagraph (i); or
(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; or
(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; or
(ii)
a person who is the spouse, or who is a relative, of a partner (not being a body corporate) in the member organisation; or
(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; or
(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; or
(ii)
a body corporate that is related to the first-mentioned body corporate; or
(iii)
a person who is a partner in the member organisation; or
(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); or
(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.



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