Part 3Telecommunications service obligations
TSO instruments
79When 2 or more bodies corporate must be treated as 1 person
For the purposes of this Part, any 2 or more bodies corporate must be treated as 1 person if—
- one of them is a body corporate of which the others are subsidiaries; or
- all of them are subsidiaries of the same body corporate; or
- all of them are associates of each other; or
- one of them owns or controls shares that in the aggregate carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of the others; or
- a third person owns or controls shares in each of them that carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of each of them.
For the purposes of subsection (1)(c), a body corporate is an associate of another if that body corporate is able, whether directly or indirectly, to exert a substantial degree of influence over the activities of the other.
A body corporate is not able to exert a substantial degree of influence over another body corporate for the purposes of subsection (2) just because—
- those bodies corporate are in competition in the same market; or
- one of them supplies goods or services to the other.
If any of the circumstances described in subsection (1)(a) to (e) apply to 2 or more bodies corporate for part of a year, those bodies corporate must be treated as 1 person in respect of that part of the year to which the relevant circumstance applies.
Notes
- Section 79: substituted, on , by section 36 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
- Section 79(4): inserted, on , by section 7 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).


