Document ID: chunk:federal_register_of_legislation:C2024A00036:clause:1_360ae:p1
Version: federal_register_of_legislation:C2024A00036
Segment Type: clause
Provision Reference: sch 1 cl 360AE (pt 1/2)
Character Range: 7559–10121

360AE  When a person is in a position to exercise control of a facility
 (1) For the purposes of this Part, a person (the first person) is in a position to exercise control of a facility if:
 (a) the first person legally or beneficially owns the facility (whether alone or together with one or more other persons); or
 (b) the first person is in a position, either alone or together with an associate of the first person and whether directly or indirectly:
 (i) to exercise control of the operation of all or part of the facility; or
 (ii) to exercise control of the selection of the kinds of services that are supplied using the facility; or
 (iii) to exercise control of the supply of services using the facility; or
 (c) a company other than the first person legally or beneficially owns the facility (whether alone or together with one or more other persons), and:
 (i) the first person is in a position, either alone or together with an associate of the first person, to exercise control of the company; or
 (ii) the first person, either alone or together with an associate of the first person, is in a position to veto any action taken by the board of directors of the company; or
 (iii) the first person, either alone or together with an associate of the first person, is in a position to appoint or secure the appointment of, or veto the appointment of, at least half of the board of directors of the company; or
 (iv) the first person, either alone or together with an associate of the first person, is in a position to exercise, in any other manner, whether directly or indirectly, direction or restraint over any substantial issue affecting the management or affairs of the company; or
 (v) the company or more than 50% of its directors act, or are accustomed to act, in accordance with the directions, instructions or wishes of, or in concert with, the first person, the first person and an associate of the first person acting together, or the directors of the first person; or
 (vi) the company or more than 50% of its directors, under a contract or an arrangement or understanding (whether formal or informal), are intended or expected to act in accordance with the directions, instructions or wishes of, or in concert with, the first person, the first person and an associate of the first person acting together, or the directors of the first person.
 (2) An employee is not, except through an association with another person, to be regarded as being in a position to exercise control of a facility under subsection (1) purely because of being an