Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purposes
of sections 6(1)(c), 14(a) and 17BA(3), persons are related if they
are —
(a)
joint owners of property;
(b)
individuals who are in partnership with each other;
(c)
participants in the same joint venture;
(d)
family members;
(e)
related corporations;
(f) a
trustee and another trustee if there is any beneficiary common to the trusts
of which they are trustees, whether the beneficiary has a vested share or is
contingently entitled or may benefit from a discretionary trust;
(g) an
individual and a corporation, if the individual is a majority shareholder,
director or secretary of the corporation or a related corporation;
(h) an
individual and a trustee, if the individual is a beneficiary under the trust
of which the trustee is a trustee, whether the beneficiary has a vested share
or is contingently entitled or may benefit from a discretionary trust;
(i)
a corporation and a trustee, if —
(i)
the corporation, or a majority shareholder, director or
secretary of the corporation, is a beneficiary of the trust of which the
trustee is a trustee; or
(ii)
a related corporation to the corporation is a beneficiary
of the trust of which the trustee is a trustee,
whether (in either
case) the beneficiary has a vested share or is contingently entitled or may
benefit from a discretionary trust.
(2) For the purposes
of subsection (1) —
(a) an
illegitimate person shall be treated as the legitimate child of that
person’s parents;
(b) it
is irrelevant whether a relationship is of the whole or half-blood, or whether
it is a natural relationship or a relationship established by a written law;
and
(c) a
majority shareholder in relation to a corporation is a person who would have a
substantial holding in the corporation under the definition of
“substantial holding” in section 9 of the Corporations Act
even if the reference in that definition to 5% were a reference to 50%.
(3) For the purposes
of subsection (1)(d), 2 persons are family members if, in relation to one
person, the other person is —
(a) a
child or remoter lineal descendant of the person;
(b) a
parent or remoter lineal ancestor of the person;
(c) a
brother or sister of the person or remoter lineal descendant of a brother or
sister of the person;
(d) an
aunt or uncle of the person;
(e) the
spouse, former spouse, de facto partner or former de facto partner of the
person;
(f) a
family member referred to in paragraph (a), (b), (c) or (d) of a person
referred to in paragraph (e); or
(g) the
spouse or de facto partner of a person referred to in paragraph (a), (b),
(c) or (d).
[Section 7 inserted by No. 12 of 2004
s. 15; amended by No. 11 of 2005 s. 6.]