Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:1_3
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 853758–856094

3  When person is in a position to exercise control of a newspaper
 (1) For the purposes of this Schedule, a person is in a position to exercise control of a newspaper if:
 (a) the person is the publisher of the newspaper; or
 (b) the person is in a position, either alone or together with an associate of the person and whether directly or indirectly:
 (i) to exercise control of a significant proportion of the operations of the publisher in publishing the newspaper; or
 (ii) to exercise control of the selection or provision of a significant proportion of the material to be published in the newspaper; or
 (c) if the newspaper is published by a company:
 (i) the person is in a position, either alone or together with an associate of the person, to exercise control of the company; or
 (ii) the person, either alone or together with an associate of the person, is in a position to veto any action taken by the board of directors of the company; or
 (iii) the person, either alone or together with an associate of the 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 person, either alone or together with an associate of the 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:
 (A) act, or are accustomed to act; or
 (B) 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 person or of the person and an associate of the person acting together or, if the person is a company, of the directors of the person.
 (2) Subparagraph (1)(b)(ii) does not apply to the provision of material by a person to a newspaper under an agreement for the supply of material of that kind if the conditions of the agreement relate only to the material so supplied.
 (3) An employee of the publisher of a newspaper is not, except through an association with another person, to be regarded as being in a position to control the newspaper under subclause (1) purely because of being an employee.