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TELECOMMUNICATIONS ACT 1997 - SECT 152 Associate

TELECOMMUNICATIONS ACT 1997 - SECT 152

Associate

  (1)   For the purposes of this Part, an associate of a person (the controller ) in relation to control of:

  (a)   a telecommunications network; or

  (aa)   a line; or

  (b)   a company;

is:

  (c)   a partner of the controller; or

  (d)   if the controller or another person who is an associate of the controller 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 controller; or

  (iv)   the controller and another person who is an associate of the controller under another paragraph; or

  (f)   another company if:

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

  (ii)   the controller, or the controller and another person who is an associate of the controller under another paragraph, is or 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, line 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, line or company.

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