Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Part, a person (the controller ) is in a position to exercise control of a telecommunications network if:
(a) the controller legally or beneficially owns the network (whether alone or together with one or more other persons); or
(b) the controller is in a position, either alone or together with an associate of the controller and whether directly or indirectly:
(i) to exercise control of the operation of all or part of the network; or
(ii) to exercise control of the selection of the kinds of services that are supplied using the network; or
(iii) to exercise control of the supply of services using the network; or
(c) a company other than the controller legally or beneficially owns the network (whether alone or together with one or more other persons), and:
(i) the controller is in a position, either alone or together with an associate of the controller, to exercise control of the company; or
(ii) the controller, either alone or together with an associate of the controller, is in a position to veto any action taken by the board of directors of the company; or
(iii) the controller, either alone or together with an associate of the controller, is in a position to appoint or secure the appointment of, or veto the appointment of, at least half of the board of directors of the company; or
(iv) the controller, either alone or together with an associate of the controller, is in a position to exercise, in any other manner, whether directly or indirectly, direction or restraint over any substantial issue affecting the management or affairs of the company; or
(v) the company or more than 50% of its directors act, or are accustomed to act, in accordance with the directions, instructions or wishes of, or in concert with, the controller, the controller and an associate of the controller acting together, or the directors of the controller; or
(vi) the company or more than 50% of its directors, under a contract or an arrangement or understanding (whether formal or informal), are intended or expected to act in accordance with the directions, instructions or wishes of, or in concert with, the controller, the controller and an associate of the controller acting together, or the directors of the controller.
(2) An employee is not, except through an association with another person, to be regarded as being in a position to exercise control of a network under subsection (1) purely because of being an employee.
(3) More than one person may be in a position to exercise control of a network.
(4) Subsections (1) to (3) do not apply in determining the meaning of an expression used in:
(a) section 142C; or
(b) sections 151ZF, 151ZG and 151ZH, to the extent to which they relate to a line to which section 142C applies; or
(c) any other provision of this Part, so far as that provision relates to:
(i) section 142C; or
(ii) section 151ZF, 151ZG or 151ZH, to the extent to which that section relates to a line to which section 142C applies.