(1) A person is not an associate of another person by virtue of subsection 686 - 10(1), or by virtue of subsection 686 - 10(2) as it applies in relation to subsection 686 - 10(1), merely because of one or more of the following:
(a) one gives advice to the other, or acts on the other's behalf, in the proper performance of the functions attaching to a professional capacity or a business relationship;
(b) one has appointed the other, otherwise than for valuable consideration given by the other or by an associate of the other, to vote as a proxy or representative at a meeting of members, or of a class of members, of a body corporate.
(2) A person who is a common law holder of native title is not an associate of another person by virtue of subsection 686 - 10(1), or by virtue of subsection 686 - 10(2) as it applies in relation to subsection 686 - 10(1), merely because a Native Title legislation obligation has been complied with.