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

66   Before subsection 577Q(1)

Insert:

(1A) For the purposes of this Part, a designated Telstra successor company is in a position to exercise control of:

(a) a hybrid fibre-coaxial network; or

(b) another telecommunications network;

if:

(c) the designated Telstra successor company legally or beneficially owns the network (whether alone or together with one or more other persons); or

(d) the designated Telstra successor company is in a position, either alone or together with an associate of the designated Telstra successor company 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

(e) a company other than the designated Telstra successor company legally or beneficially owns the network (whether alone or together with one or more other persons), and:

(i) the designated Telstra successor company is in a position, either alone or together with an associate of the designated Telstra successor company, to exercise control of the company; or

(ii) the designated Telstra successor company, either alone or together with an associate of the designated Telstra successor company, is in a position to veto any action taken by the board of directors of the company; or

(iii) the designated Telstra successor company, either alone or together with an associate of the designated Telstra successor company, 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 designated Telstra successor company, either alone or together with an associate of the designated Telstra successor company, 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 designated Telstra successor company or of the designated Telstra successor company and an associate of the designated Telstra successor company acting together or of the directors of the designated Telstra successor company; 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 designated Telstra successor company or of the designated Telstra successor company and an associate of the designated Telstra successor company acting together or of the directors of the designated Telstra successor company.