Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:1_2:p2
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 2/2)
Character Range: 852347–853756

or their promotion.
 (3) An employee of a licensee or of a non‑licensee company is not, except through an association with another person, to be regarded as being in a position to exercise control of a licence or a company under subclause (1) purely because of being an employee.
 (4) More than one person may be in a position to exercise control of a licence or a company.
 (5) The following are examples of situations that, depending on the circumstances, may be relevant in determining whether a person is in a position to exercise control of 2 or more licences:
 (a) the licensees share any or all of the following:
 (i) equipment;
 (ii) studios;
 (iii) other production facilities;
 (iv) transmission facilities;
 (v) human resources;
 (vi) other resources;
 (b) the program content of a substantial percentage of the total number of hours of programs broadcast under one of those licences is the same as the program content of a substantial percentage of the total number of hours of programs broadcast under the other licence or licences;
 (c) the licensees have financial relationships with each other;
 (d) both of the following subparagraphs apply:
 (i) the person is in a position to exercise control of one or more of the licences;
 (ii) the person has a financial relationship with another person who is in a position to exercise control of the other licence or one or more of the other licences.