Document ID: chunk:federal_register_of_legislation:C2023C00417:clause:1_3
Version: federal_register_of_legislation:C2023C00417
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 153354–154778

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.