Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1A) For the purposes of this Part, an associate of a designated Telstra successor company in relation to control of:
(a) a telecommunications network; or
(b) a company;
is:
(c) a partner of the designated Telstra successor company; or
(d) if the designated Telstra successor company or another person who is an associate of the designated Telstra successor company under another paragraph receives benefits or is capable of benefiting under a trust--the trustee of the trust; or
(e) 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) the designated Telstra successor company; or
(iv) the designated Telstra successor company and another person who is an associate of the designated Telstra successor company under another paragraph; or
(f) another company if:
(i) the other company is a related body corporate of the designated Telstra successor company for the purposes of the Corporations Act 2001 ; or
(ii) the designated Telstra successor company, or the designated Telstra successor company and another person who is an associate of the designated Telstra successor company under another paragraph, are in a position to exercise control of the other company.
(1) For the purposes of this Part, an associate of Telstra in relation to control of:
(a) a hybrid fibre - coaxial network; or
(b) another telecommunications network; or
(c) a company;
is:
(d) a partner of Telstra; or
(e) if Telstra or another person who is an associate of Telstra under another paragraph receives benefits or is capable of benefiting under a trust--the trustee of the trust; or
(f) 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) Telstra; or
(iv) Telstra and another person who is an associate of Telstra under another paragraph; or
(g) another company if:
(i) the other company is a related body corporate of Telstra for the purposes of the Corporations Act 2001 ; or
(ii) Telstra, or Telstra and another person who is an associate of Telstra under another paragraph, are in a position to exercise control of the other company.
(2) However, 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 network or company; and
(b) neither of them is in a position to exert influence over the business dealings of the other in relation to the network or company.