Document ID: chunk:federal_register_of_legislation:F2016L01970:reg:11
Version: federal_register_of_legislation:F2016L01970
Segment Type: reg
Provision Reference: reg 11
Character Range: 17243–19102

11  Meaning of associate
 (1) In this instrument, associate, in relation to a person, means:
 (a) for 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) for an individual:
 (i) the individual's spouse; or
 (ii) the individual's de facto partner (within the meaning given by 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 related to a body corporate of which the individual is a director or secretary; or
 (c) in any case – any other person (other than the Commonwealth 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 residual 700 MHz band spectrum in the designated area; or
 (ii) relates to the acquisition of a spectrum licence for residual 700 MHz band spectrum in the designated area.
 (2) For paragraph (1)(c), 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.