Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:1_88
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 1 cl 88
Character Range: 1465613–1467638

88  When Telstra is in a position to exercise control of a spectrum licence
 (1) For the purposes of this Part, Telstra is in a position to exercise control of a spectrum licence if:
 (a) Telstra is the licensee; or
 (b) Telstra, either alone or together with an associate of Telstra, is in a position to exercise control of the spectrum licensee; or
 (c) Telstra, either alone or together with an associate of Telstra, is in a position to exercise (whether directly or indirectly) control of the selection of radiocommunications devices authorised to operate under the licence; or
 (d) Telstra, either alone or together with an associate of Telstra, is in a position to exercise (whether directly or indirectly) control of a significant proportion of the operations of radiocommunications devices authorised to operate under the licence; or
 (e) Telstra, either alone or together with an associate of Telstra, is in a position to:
 (i) veto any action taken by the board of directors of the licensee; 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
 (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
 (f) the licensee 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, Telstra or of Telstra and an associate of Telstra acting together or of the directors of Telstra.
 (2) An employee of a licensee is not, except through an association with another person, to be regarded as being in a position to exercise control of a spectrum licence under subclause (1) purely because of being an employee.
 (3) More than one person may be in a position to exercise control of a spectrum licence.