Commonwealth Consolidated Acts

NATIONAL BROADBAND NETWORK COMPANIES ACT 2011 - SCHEDULE 1

Note:   See section   5.

1   NBN corporations

  (1)   For the purposes of this Act, each of the following is an NBN corporation :

  (a)   NBN Co;

  (b)   NBN Tasmania;

  (c)   a company over which NBN Co is in a position to exercise control.

  (2)   Subclause   (1) has effect subject to subclause   (3).

  (3)   For the purposes of this Act, if:

  (a)   at a particular time (the start time ), NBN Co starts to be in a position to exercise control of a company that is a retail carriage service provider; and

  (b)   if any other conditions are specified in the regulations--those conditions are satisfied;

the company is taken not to be an NBN corporation during the period:

  (c)   beginning at the start time; and

  (d)   ending at whichever is the earlier of the following:

  (i)   the end of 12 months after the start time;

  (ii)   when NBN Co ceases to be in a position to exercise control of the company.

Note:   For control of a company, see clause   2.

2   Control of a company

  (1)   For the purposes of this Schedule, the question of whether a person is in a position to exercise control of a company is to be determined under Schedule   1 to the Broadcasting Services Act 1992 .

  (2)   However, in determining that question:

  (a)   the definition of associate in subsection   6(1) of the Broadcasting Services Act 1992 does not apply; and

  (b)   the definition of associate in clause   3 of this Schedule applies instead.

3   Associate

  (1)   For the purposes of this Schedule, an associate of NBN Co is:

  (a)   a partner of NBN Co; or

  (b)   if NBN Co or another person who is an associate of NBN Co under another paragraph receives benefits or is capable of benefiting under a trust--the trustee of the trust; or

  (c)   a person (whether a company or not) who:

  (i)   acts, or is accustomed to act; or

  (ii)   under a contract or an arrangement or understanding (whether formal or informal) is intended or expected to act;

    in accordance with the directions, instructions or wishes of, or in concert with:

  (iii)   NBN Co; or

  (iv)   NBN Co and another person who is an associate of NBN Co under another paragraph; or

  (d)   another company if:

  (i)   the other company is a related body corporate of NBN Co for the purposes of the Corporations Act 2001 ; or

  (ii)   NBN Co, or NBN Co and another person who is an associate of NBN Co under another paragraph, is or are in a position to exercise control of the other company.

Note:   For control of a company, see clause   2.

  (2)   However, for the purposes of determining whether a person is in a position to exercise control of a company, persons are not associates of each other if the ACCC is satisfied that:

  (a)   they do not act together in any relevant dealings relating to the company; and

  (b)   neither of them is in a position to exert influence over the business dealings of the other in relation to the company.