Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p11
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 11/36)
Character Range: 30207–33071

the spectrum referred to in a relevant re-allocation declaration;
(ii)         relates to the acquisition of a spectrum licence for a part of the spectrum referred to in a relevant re-allocation declaration.

          Note: The spectrum referred to in the relevant re-allocation declarations is the frequency band 3575 MHz to 3700 MHz.
 (2) For paragraph (1)(c) of the definition of associate, a relevant agreement means an agreement, arrangement or understanding:
(a)      whether formal or informal, or partly formal and partly informal; and
(b)      whether written or oral, or partly written and partly oral; and
(c)      whether or not having legal or equitable force and whether or not based on legal or equitable rights;
other than a roaming services agreement or an agreement between carriers provided for by or under the Telecommunications Act 1997 or Part XIC of the Competition and Consumer Act 2010.
 (3) In this instrument:
specified group of persons means either of the following:
(a)      a person and all associates of that person;
(b)      subject to subsection (4) – any 2 or more groups referred to in paragraph (a) that have at least one member in common.
      (4) For paragraph (b) of the definition of specified group of persons in subsection (3), an individual is taken not to be a member in common between 2 or more groups that are comprised of a person (the relevant person) and the associates of that relevant person where all of the following apply:
         (a)      the individual is providing services as a company secretary of one or more related bodies corporate of the relevant person in each of the groups;
         (b)      the individual is not providing those services as an employee of or direct contractor to any of those related bodies corporate, but as an employee of or contractor to a person that:
            (i)            is not in any of the groups; and
            (ii)         has been engaged by each of those related bodies corporate, under a contract or other legally binding arrangement, to provide the services of a company secretary;
         (c)      the individual is not a director of any of those relevant persons or related bodies corporate;
         (d)      each of those related bodies corporate is incorporated outside Australia.

14 Affiliation between applicants or bidders

  Two applicants or bidders are affiliated if the applicants or bidders are in the same specified group of persons.
          Note: Paragraph (b) of the definition of specified group of persons in subsection 13(3) means that 2 applicants or bidders are affiliated if they have an associate in common.  However, see subsection 13(4).

15 Affiliation between applicant or bidder and existing relevant band licensee
 An applicant or bidder is affiliated with an existing relevant band licensee if the applicant or bidder and