Telecommunications Act 1997

For the purposes of this Part, Telstra is in a position to exercise control of a spectrum licence if:

Telstra is the licensee; or

Telstra, either alone or together with an associate of Telstra, is in a position to exercise control of the spectrum licensee; or

Telstra, either alone or together with an associate of Telstra, is in a position to exercise (whether directly or indirectly) control of the selection of radiocommunications devices authorised to operate under the licence; or

Telstra, either alone or together with an associate of Telstra, is in a position to exercise (whether directly or indirectly) control of a significant proportion of the operations of radiocommunications devices authorised to operate under the licence; or

Telstra, either alone or together with an associate of Telstra, is in a position to:

veto any action taken by the board of directors of the licensee; or

appoint or secure the appointment of, or veto the appointment of, at least half of the board of directors of the licensee; or

exercise, in any other manner, whether directly or indirectly, direction or restraint over any substantial issue affecting the management or affairs of the licensee; or

the licensee or more than 50% of its directors:

act, or are accustomed to act; or

under a contract or an arrangement or understanding (whether formal or informal) are intended or expected to act;

An employee of a licensee is not, except through an association with another person, to be regarded as being in a position to exercise control of a spectrum licence under subclause (1) purely because of being an employee.

More than one person may be in a position to exercise control of a spectrum licence.