Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p10
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 10/38)
Character Range: 27731–30391

than a limit set out in section 12.
          Note: The Minister has given a direction to the ACMA, under subsection 60(10) of the Act, that limits be imposed on the aggregate of the parts of the spectrum in the 26 GHz band that may be used by a person or specified group of persons as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act in the 26 GHz band that is enabled by the re-allocation declaration in each designated area.  See the spectrum licence limits direction.

       (2) In this instrument, for the purpose of assessing the application of the allocation limits to a product, each of the following are to be treated as a single product:
(a)      the Greater Perth combined products;
(b)      the Hobart combined products;
(c)      the Margaret River combined products.
             Note: The spectrum licence limits direction sets limits on the allocation of spectrum licences to a single person, or a specified group of persons, in designated areas. However, in the marketing plan, the lots in the Greater Perth, Hobart and Margaret River areas are each divided into two different products, such that each area has a lower band product and an upper band product. For the purposes of the allocation limits, the two products of each area are treated as just one product. For all other purposes, they are to be treated as two products.

12 Allocation limits
  No person or specified group of persons may, as a result of the allocation of a spectrum licence under this instrument, use more than an aggregate of 1 GHz of the 26 GHz band in each designated area.
Division 2 Associates, specified group of persons and affiliations

13 Meaning of associate and specified group of persons

 (1) In this instrument:
associate means:
        (a)   in relation to a person that is a body corporate:
(i)            a director or secretary of the body; or
(ii)         a related body corporate; or
(iii)       a director or secretary of a related body corporate; or
(iv)        an individual who controls at least 15% of the voting power or holds at least 15% of the issued shares in the body; or
(b)      in relation to a person that is an individual:
(i)            the individual's spouse; or
(ii)         the individual's de facto partner within the meaning of the Acts Interpretation Act 1901; or
(iii)       a body corporate in which the individual controls at least 15% of the voting power or holds at least 15% of the issued shares; or
(iv)        a body corporate of which the individual is a director or secretary; or
(v)          a body corporate that is a related body corporate in relation to