Document ID: chunk:federal_register_of_legislation:C2024A00036:clause:1_360ab
Version: federal_register_of_legislation:C2024A00036
Segment Type: clause
Provision Reference: sch 1 cl 360AB
Character Range: 5362–6847

360AB  Associate
 (1) For the purposes of this Part, an associate of a person (the first person) in relation to control of:
 (a) a facility; or
 (b) a company;
is:
 (c) a partner of the first person; or
 (d) if the first person or another person who is an associate of the first person under another paragraph receives benefits or is capable of benefiting under a trust—the trustee of the trust; or
 (e) 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) the first person; or
 (iv) the first person and another person who is an associate of the first person under another paragraph; or
 (f) another company if:
 (i) the other company is a related body corporate of the first person for the purposes of the Corporations Act 2001; or
 (ii) the first person, or the first person and another person who is an associate of the first person under another paragraph, is or are in a position to exercise control of the other company.
 (2) However, persons are not associates of each other if the ACMA is satisfied that:
 (a) they do not act together in any relevant dealings relating to the facility or company; and
 (b) neither of them is in a position to exert influence over the business dealings of the other in relation to the facility or company.