Document ID: chunk:federal_register_of_legislation:F2023L00865:reg:16:p1
Version: federal_register_of_legislation:F2023L00865
Segment Type: reg
Provision Reference: reg 16 (pt 1/2)
Character Range: 42516–45138

16  Meaning of associate and relevant group of persons
 (1) Each of the following is an associate in relation to a person:
 (a) in relation to a body corporate:
 (i) a director or secretary of the body;
 (ii) a related body corporate;
 (iii) a director or secretary of a related body corporate;
 (iv) an individual who controls at least 15% of the voting power or holds at least 15% of the issued shares in the body;
 (b) in relation to an individual:
 (i) the individual's spouse;
 (ii) the individual's de facto partner within the meaning of the Acts Interpretation Act 1901;
 (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;
 (iv) where the individual is a director or secretary of a body corporate—the body corporate and any related body corporate;
 (c) in relation to any person (the first person)—any other person (other than the Commonwealth when represented by the ACMA) who is party to a relevant agreement with the first person that either or both:
 (i) is for the use by one party to the agreement of spectrum licensed to another party to the agreement under a spectrum licence for a part of the spectrum referred to in the re‑allocation declaration;
 (ii) relates to the acquisition of a spectrum licence for a part of the spectrum referred to in the re‑allocation declaration.
 (2) For the purposes of 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;
but does not include:
 (d) 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; or
 (e) an agreement that, to the extent it deals with a part of the spectrum referred to in the re‑allocation declaration, deals only with spectrum associated with left‑over lots.
 (3) In this instrument, relevant group of persons means:
 (a) a person and all associates of that person; or
 (b) subject to subsection (4), any 2 or more groups referred to in paragraph (a) that have at least one member in common.
 (4) For the purposes of paragraph (3)(b), an individual is taken not to be a member in common between 2 or more groups that are comprised of a person (the relevant person) and the associates of that relevant person where all of the following apply:
 (a) the individual