Document ID: chunk:federal_register_of_legislation:F2017L01255:reg:11
Version: federal_register_of_legislation:F2017L01255
Segment Type: reg
Provision Reference: reg 11
Character Range: 18117–20147

11  Meaning of associate
 (1) In this instrument, associate, in relation to a person, means:
 (a) if the person 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) if the person is 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 all cases – 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 of the spectrum referred to in the 1800 MHz re-allocation declaration; or
 (ii) relates to the acquisition of a spectrum licence for a part of the spectrum referred to in the 1800 MHz re-allocation declaration.
Note: The spectrum referred to in the 1800 MHz re-allocation declaration is the 1800 MHz band.
 (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.