Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 26B

26B Associates

(1) A person is associated with someone else if—

(a) a relationship of a type mentioned in subsection (2) exists between them; or

(b) a series of relationships of a type mentioned in subsection (2) can be traced between them through another person or other persons.

(2) For subsection (1) , the relationships are as follows—

(a) marriage or de facto partnership;

(b) the relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common;

(c) business partnership;

(d) the relationship of employer and employee;

(e) a fiduciary relationship;

(f) the relationship of persons, one of whom is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other;

(g) the relationship of a corporation and executive officer of the corporation;

(h) the relationship of a corporation and a person who is in a position to control or substantially influence the corporation’s conduct;

(i) the relationship of a corporation that is a proprietor and a company nominee of the corporation.

(3) However, despite subsection (2) (e) and (f) , the proprietor of a lot and a person who is a party to a letting arrangement as defined in section 41A are not associated merely because of services provided to the proprietor by the person under the arrangement.

(4) Also, for a person mentioned in section 41B (a) (iii) , the proprietor who nominates the person for election is associated with the person.

(5) In this section—

"executive officer" , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.