Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:4_100:p2
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 4 cl 100 (pt 2/3)
Character Range: 258016–260666

eligible financial year; or
 (iv) the fourth eligible financial year; or
 (v) the fifth eligible financial year; and
 (b) during the whole or a part of a month in the eligible financial year, the person was the controller of an associated group;
the report must:
 (c) set out a statement to that effect; and
 (d) identify each of the members of the associated group; and
 (e) set out the circumstances that resulted in the person being the controller of the associated group.

Associated group
 (7) For the purposes of subsection (6), if:
 (a) a person is in a position to exercise control of:
 (i) a local access line; or
 (ii) a telecommunications network; and
 (b) the person has one or more associates;
then:
 (c) the person is taken to belong to an associated group; and
 (d) the associated group consists of the person and those associates; and
 (e) the person is the controller of the associated group.
 (8) For the purposes of subsection (7), the question of whether a person is in a position to exercise control of:
 (a) a local access line; or
 (b) a telecommunications network;
is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997.
 (9) For the purposes of subsection (7), the question of whether a person has one or more associates is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997.

Transitional—recently connected greenfield premises
 (10) If:
 (a) the report relates to:
 (i) the first eligible financial year; or
 (ii) the second eligible financial year; or
 (iii) the third eligible financial year; or
 (iv) the fourth eligible financial year; or
 (v) the fifth eligible financial year; and
 (b) there are one or more recently connected greenfield premises in relation to the person for a month in the eligible financial year;
the report must set out the total number of recently connected greenfield premises in relation to the person for that month.
 (11) If:
 (a) particular premises are reported as recently connected greenfield premises in relation to the person for a month; and
 (b) apart from this subsection, the premises are not recently connected greenfield premises in relation to the person for the month; and
 (c) the person:
 (i) did not know; and
 (ii) could not, with reasonable diligence, have ascertained;
  that the premises are not recently connected greenfield premises in relation to the person for the month;
the premises are taken, for all purposes, to be recently connected greenfield premises in relation to the person for the month.