Document ID: chunk:federal_register_of_legislation:F2020L01016:reg:4:p2
Version: federal_register_of_legislation:F2020L01016
Segment Type: reg
Provision Reference: reg 4 (pt 2/3)
Character Range: 3834–6518

(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.
re-allocation declaration means the Radiocommunications (Spectrum Re-allocation—26 GHz Band) Declaration 2019.
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.
 (2) In this direction, a reference to a part of the spectrum includes all frequencies that are greater than 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) For the purposes of paragraph (b) of the definition of specified group of persons, 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 (company secretarial services) to one or more related bodies corporate of the relevant person in each of the groups;
 (b) the individual is providing the company secretarial services through a person or entity (third party service provider) that:
 (i) is not in any of the groups; and
 (ii) carries on a business for the provision of professional services, including company secretarial services; and
 (iii) has, in the ordinary course of carrying on that business, been separately and independently engaged by an entity within each of those groups, under a contract or other legally binding arrangement, to provide the company secretarial services;
 (c) the individual is not, otherwise than by reason of providing the company secretarial services, an associate of any of the relevant persons;
 (d) each of the related bodies corporate to which the individual is providing the company secretarial services is incorporated outside Australia.