15Meaning of associate and relevant group of persons

15  Meaning of associate and relevant group of persons

 (1) In this instrument, associate means:

 (a) in relation to a person that 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) in relation to a person that is an individual:

 (i) the individual’s spouse; or

 (ii) the individual’s de facto partner within the meaning of 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 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.

 (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.

 (3) For paragraph (1)(c), a reference to part of the spectrum referred to in the re-allocation declaration is a reference to the 850/900 MHz band.

 (4) In this instrument, relevant group of persons means either of the following:

 (a) a person and all associates of that person; or

 (b) subject to subsection (5) – any 2 or more groups referred to in paragraph (a) that have at least one member in common.

 (5) For the purposes of paragraph (4)(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: