Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.