Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_86
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 86
Character Range: 120847–122172

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