Document ID: chunk:federal_register_of_legislation:F2024C00121:reg:9:p1
Version: federal_register_of_legislation:F2024C00121
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 14751–17623

9  Specific definition—meaning of direct interest holder
General definition
        (1) An entity is a direct interest holder, in an asset that is owned or operated by the eligible carriage service provider, if the entity:
         (a) together with any associates of the entity, holds an interest of at least 10% in the asset (including if any of the interests are held jointly with one or more other entities); or
         (b) holds an interest in the asset that puts the entity in a position to directly or indirectly influence or control the asset.
Exclusions to general definition
        (2) Subsection (1) does not apply to an interest in an asset held by a Governor, First Minister, Administrator or Minister of a State or Territory.
        (3) Subsection (1) does not apply to an interest in an asset if:
         (a) the entity holds the interest in the asset solely:
            (i) by way of security for the purposes of a moneylending agreement; or
            (ii) as a result of enforcing a security for the purposes of a moneylending agreement; and
         (b) the holding of the interest does not put the entity in a position to directly or indirectly influence or control the asset; and
         (c) if the entity is holding the interest solely by way of security—enforcing the security would not put the entity in a position to directly or indirectly influence or control the asset.
How certain interests are held
        (4) For the purposes of this instrument, and without limitation, an interest in an asset that is owned or operated by an eligible carriage service provider is taken to be held if:
         (a) one or more trustees hold the interest on behalf of the beneficiaries of the trust; or
         (b) one or more partners hold the interest on behalf of the partnership; or
         (c) one or more trustees hold the interest on behalf of the beneficiaries of the superannuation fund; or
         (d) one or more appointed officers hold the interest on behalf of the company.

Part 2—Rules

Division 1—General

  10  Application
  For the purposes of subsection 99(1A) of the Act, this instrument applies to each eligible carriage service provider who is not a carrier, in relation to the supply of any of the following services:
         (a) a standard telephone service, where any of the customers are residential customers or small business customers;
         (b) a public mobile telecommunications service;
         (c) a carriage service that enables end‑users to access the internet.

Division 2—Specific Service Provider Rules

            Note: The notification obligations under Part 2 are imposed on eligible carriage service providers individually. However, an eligible carriage service providers who is part of corporate group comprising other providers may elect for another provider in the corporate group (on their behalf)