Document ID: chunk:federal_register_of_legislation:F2015L01373:body:0:p5
Version: federal_register_of_legislation:F2015L01373
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on a payment reduce the net payment to less than the amount due.

Note   The effect of this subsection is that an applicant or bidder must add the value of any bank charge or government duty to the amount of a payment.

1.8 Statutory declaration for body corporate

 A statutory declaration required to be made in this Determination by a body corporate must be made by a director or secretary of the body corporate.

Part 2 Limits on allocation of spectrum

Overview of Part 2

This Part defines concepts related to limiting the amount of spectrum that a person or group of persons may be allocated as a result of the procedures in this Determination.

2.1 Meaning of allocation limits

  In this Determination, a reference to the allocation limits is a reference to the requirement that the allocation of spectrum licences under this Determination, for the allocation of part of the spectrum, must not result in a person or specified group of persons having permission to use more spectrum than a limit set out in Schedule 3 for that part of the spectrum.

Note   The Minister has given directions to the ACMA, under subsection 60 (10) of the Act, that limits be imposed on the aggregate of the parts of the spectrum that, as a result of the allocation of spectrum licences under this Determination, may be used by a person or specified group of persons.

2.2 Meaning of associate

 (1) In this Determination:
associate, in relation to a person, means:
 (a) for a body corporate:
 (i) a director or secretary of the body corporate; 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 corporate; and
 (b) for 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 a body corporate of which the individual is a director or secretary; and
 (c) for any person—any other person (other than the Commonwealth when represented by the ACMA) who has a relevant agreement with the person that:
 (i) is for the use by a party to the agreement of spectrum licensed to either of those parties under a spectrum licence for a part