New South Wales Consolidated Acts

HEMP INDUSTRY ACT 2008 - SECT 4

4 Meaning of "close associate"

(1) For the purposes of this Act, a person is a
"close associate" of an applicant for, or the holder of, a licence if the person--

(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the licence applicant or holder, and by virtue of that interest or power is or will be able (in the opinion of the Secretary) to exercise a significant influence over or with respect to the conduct of that business, or

(b) holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the licence applicant or holder.

(2) In this section--

"relevant financial interest" in relation to a business means--

(a) any share in the capital of the business, or

(b) any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.

"relevant position" means the position of director, manager or secretary or any executive position, however designated, if it is an executive position.

"relevant power" means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others--

(a) to participate in any directorial, managerial or executive decision, or

(b) to elect or appoint any person to any relevant position.