152Associate

152 Associate

(1) For the purposes of this Part, an associate of a person (the controller) in relation to control of: (a) a telecommunications network; or (aa) a line; or (b) a company; is: (c) a partner of the controller; or (d) if the controller or another person who is an associate of the controller 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 controller; or (iv) the controller and another person who is an associate of the controller under another paragraph; or (f) another company if: (i) the other company is a related body corporate of the controller for the purposes of the Corporations Act 2001; or (ii) the controller, or the controller and another person who is an associate of the controller 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 ACCC is satisfied that: (a) they do not act together in any relevant dealings relating to the network, line 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 network, line or company.