Document ID: chunk:federal_register_of_legislation:C2024C00742:section:577m:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 577M (pt 1/2)
Character Range: 1299865–1302607

577M  Associate
 (1A) For the purposes of this Part, an associate of a designated Telstra successor company in relation to control of:
 (a) a telecommunications network; or
 (b) a company;
is:
 (c) a partner of the designated Telstra successor company; or
 (d) if the designated Telstra successor company or another person who is an associate of the designated Telstra successor company 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 designated Telstra successor company; or
 (iv) the designated Telstra successor company and another person who is an associate of the designated Telstra successor company under another paragraph; or
 (f) another company if:
 (i) the other company is a related body corporate of the designated Telstra successor company for the purposes of the Corporations Act 2001; or
 (ii) the designated Telstra successor company, or the designated Telstra successor company and another person who is an associate of the designated Telstra successor company under another paragraph, are in a position to exercise control of the other company.
 (1) For the purposes of this Part, an associate of Telstra in relation to control of:
 (a) a hybrid fibre‑coaxial network; or
 (b) another telecommunications network; or
 (c) a company;
is:
 (d) a partner of Telstra; or
 (e) 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
 (f) 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
 (g) 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 network or company; and
 (b) neither of them is in a position