Associate
360AB Associate
For the purposes of this Part, an associate of a person (the first person) in relation to control of:
a facility; or
a company;
is:
a partner of the first person; or
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
a person (whether a company or not) who:
acts, or is accustomed to act; or
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:
the first person; or
the first person and another person who is an associate of the first person under another paragraph; or
another company if:
the other company is a related body corporate of the first person for the purposes of the Corporations Act 2001; or
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.
However, persons are not associates of each other if the ACMA is satisfied that:
they do not act together in any relevant dealings relating to the facility or company; and
neither of them is in a position to exert influence over the business dealings of the other in relation to the facility or company.
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