Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p11
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 11/38)
Character Range: 30166–32955

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 a related body corporate in relation to a body corporate of which the individual is a director or secretary; or
(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.

          Note: The part of the spectrum referred to in the re-allocation declaration is the frequency band 25.1 GHz to 27.5 GHz.
 (2) For paragraph (1)(c) of the definition of associate, 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.
 (3) In this instrument:
specified group of persons means either of the following:
(a)      a person and all associates of that person;
(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 (b) of the definition of specified group of persons in subsection (3), 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 is providing services as a company secretary (the 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 (the 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