Document ID: chunk:federal_register_of_legislation:F2018L01022:reg:4:p2
Version: federal_register_of_legislation:F2018L01022
Segment Type: reg
Provision Reference: reg 4 (pt 2/3)
Character Range: 3932–6773

corporate has the same meaning as in the Corporations Act 2001.
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.
relevant band means the part of the spectrum from 3400 MHz to 3700 MHz.
relevant re-allocation declaration means any of the following:
 (a) the Radiocommunications (Spectrum Re-allocation—3.6 GHz Band for Adelaide and Eastern Metropolitan Australia) Declaration 2018;
 (b) the Radiocommunications (Spectrum Re-allocation—3.6 GHz Band for Perth) Declaration 2018;
 (c) the Radiocommunications (Spectrum Re-allocation—3.6 GHz Band for Regional Australia) Declaration 2018.
roaming services agreement means an agreement between two or more carriers for the principal purpose of enabling the supply of public mobile telecommunications services by one of those other carriers, in geographic locations where another of those carriers' public mobile telecommunications services are not available.
specified group of persons means either of the following:
 (a) a person and all associates of that person;
 (b) subject to subsection (3)—any 2 or more groups referred to in paragraph (a) that have at least one member in common.
use, in relation to a part of the spectrum, includes use by operating a radiocommunications device in accordance with a PTS licence for a PMTS Class B service, but does not include the operation of a radiocommunications device in accordance with any other apparatus licence.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) radiocommunications device;
(b) spectrum;
(c) spectrum licence;
(d) apparatus licence.
 (2) In this direction, a reference to a part of the spectrum includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.
Note: This means the lower number in the reference to a part of the spectrum is not included in the part of the spectrum.
 (3) An individual is taken not to be a member in common between 2 or more groups that are comprised of a person (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