Telstra Corporation and Other Legislation Amendment Act 2021 (140 of 2021)

Schedule 2   Amendments contingent on the implementation of an approved scheme of arrangement

Part 1   Main amendments

Division 1   Amendments

Telecommunications Act 1997

64   Before subsection 577M(1)

Insert:

(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.