Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:1_2:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/2)
Character Range: 850002–852569

2  When person is in a position to exercise control
 (1) For the purposes of this Schedule, a person is in a position to exercise control of a licence or a company if:
 (a) the person, either alone or together with an associate of the person, is in a position to exercise control of the licensee or the company; or
 (b) in the case of a licence:
 (i) the person is the licensee; or
 (ii) the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of the selection or provision of a significant proportion of the programs broadcast by the licensee; or
 (iii) the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of a significant proportion of the operations of the licensee in providing broadcasting services under the licence; or
 (c) in the case of a non‑licensee company—the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of a significant proportion of the operations of the company; or
 (d) the person, either alone or together with an associate of the person, is in a position to:
 (i) veto any action taken by the board of directors of the licensee or the company; or
 (ii) appoint or secure the appointment of, or veto the appointment of, at least half of the board of directors of the licensee or the company; or
 (iii) exercise, in any other manner, whether directly or indirectly, direction or restraint over any substantial issue affecting the management or affairs of the licensee or the company; or
 (e) the licensee or the company or more than 50% of its directors:
 (i) act, or are accustomed to act; or
 (ii) 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) Paragraph (1)(b) does not apply to the provision of programs by a person to a licensee under an agreement for the supply of programs to a licensee if the conditions of the agreement relate only to the programs so supplied 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