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34. Independence

(1) A person providing oversight in accordance with this part is independent for the purposes of this Part if he:
(a) is not, and has not been in the previous 2 years, an employee of the Operator or a body corporate in the same group (a "related body corporate");
(b) is not, and has not been in the previous 2 years, an executive officer of a related body corporate;
(c) is not, and has not been in the previous 2 years, involved in material business dealings, or in a professional capacity, with the Operator or a related body corporate;
(d) is not a member of a partnership or a trustee of a trust that is, or has been in the previous 2 years, substantially involved in business dealings, or in a professional capacity, with the Operator or in a related body corporate;
(e) does not have a material interest in the Operator or a related body corporate; and
(f) is not a relative or de facto spouse of a person who has a material interest in the Operator or a related body corporate of a kind described in (a) to (e) of this Article.
(2) Nothing in this Part prevents an eligible person, appointed for the purposes of Article 21(5), from being independent for the purposes of Articles 31(2) or 34 merely by reason of such appointment.