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