Declare your associates

Under the Liquor Act 2019, an associate of a person is:

a) the person’s spouse or defacto partner;

c) a business partner of the person;

d) a body corporate of which the person is an executive officer;

e) if the person is a body corporate:

(i) an executive officer of the body corporate; and

(ii) a person who holds a controlling interest in the body corporate;

f) a person who, within the 12 months before the application, provided advice to the person, for a fee or reward, in relation to the sale of liquor;

g) an employer of the person;

h) an officer of a body corporate of which the person is an officer;

j) a body corporate that is accustomed or under an obligation to act in accordance with the directions, instructions or wishes of the person,

k) a body corporate on whose directions, instructions or wishes the person is accustomed or under an obligation to act;

l) a body corporate in which the person holds a controlling interest;

m) a person disclosed in an affidavit made by the person under section 54;

n) a person who is an associate of a person referred to in paragraphs (a) to (m).

For the purposes of this definition:

• a body corporate is taken to be accustomed or under an obligation if its executive officers are accustomed or under an obligation, whether formally or informally and
• a person is taken to hold a controlling interest in a body corporate if that person, alone or together with one or more associates of that person, is in a position to control at least 15% of the voting power in the body corporate or holds interests in at least 15% of the issued shares in the body corporate.

A body corporate is an organisation which has a separate legal status to its members. This means it can own property, sue and be sued, and enter into contracts in its own name.

Examples of body corporates include:

• companies
• incorporated associations
• incorporated partnership
• municipal councils
• cooperatives.

Unincorporated clubs or associations and unincorporated partnerships are not body corporates.

The director of a body corporate includes:

• any person occupying or acting in the position of director of the body corporate, by whatever name they are called (including partner, office holder, chief executive officer, executive committee member) and whether or not they were validly appointed to occupy or duly authorised to act in the positions and
• any person in accordance with whose directions or instructions the directors of the body corporate are instructed to act.

Who should be declared as an associate

Examples of people who may be declared as associates include:

• director
• public officer
• secretary
• chief executive
• chief financial officer
• committee member of a body corporate.

Shareholders who are able to exercise a significant influence over or with respect to management or operation of any business of the applicant / director of the body corporate involving the supply, sale or consumption of liquor.