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