Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) ACMA;
(b) spectrum;
(c) spectrum licence.
(1) In this instrument:
800 MHz band means the following parts of the spectrum:
(a) 825 MHz to 845 MHz;
(b) 870 MHz to 890 MHz.
850/900 MHz band means the parts of the spectrum that are subject to re‑allocation under the re‑allocation declaration.
Act means the Radiocommunications Act 1992.
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.
carrier has the same meaning as in the Telecommunications Act 1997.
HCIS Population Data Document means the document that sets out population data for areas in Hierarchical Cell Identification Scheme levels 1 to 4 in the set of documents entitled Hierarchical Cell Identification Scheme (HCIS) - List of Population Data published by the ACMA on its website, as that document existed at the time this instrument was made.
Note: This document identifies each Australian Spectrum Map Grid 2012 (ASMG) cell and block by its HCIS identifier and lists the corresponding population based on Census data. The HCIS is a naming convention for areas on the ASMG, which is a system used by the ACMA to define geographic areas for radiocommunications licensing. The document could, at the time this instrument was made, be found on the ACMA’s website ().
marketing plan means the marketing plan made by the ACMA under section 39A of the Act in relation to the 850/900 MHz band, as in force on its commencement.
major population area means the area that is identified as the major population area in the marketing plan.
Note 1: The major population area, for this instrument, will be identified by the ACMA in the marketing plan and will include geographic areas generally corresponding to the metropolitan areas of Adelaide, Brisbane, Canberra, Darwin, Hobart, Melbourne, Perth and Sydney, and some other population centres.
Note 2: The marketing plan will use HCIS cells to identify the areas on the ASMG that constitute the major population area.
Optus means Optus Mobile Pty Limited (ACN 054 365 696).
public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997.
re‑allocation declaration means the Radiocommunications (Spectrum Re‑allocation—850/900 MHz Band) Declaration 2020.
regional area means the area:
(a) that is not, and does not overlap with, the major population area; and
(b) that is identified as the regional area in the marketing plan.
Note: The marketing plan will use HCIS cells to identify the areas on the ASMG that constitute the regional area.
related body 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 area: see subsection 6(1).
relevant associate, in relation to a person that is a body corporate (the first person), means a person who is an associate of the first person because of subparagraph (a)(ii) or paragraph (c) of the definition of associate.
relevant bands means the following parts of the spectrum:
(a) 895 MHz to 915 MHz;
(b) 940 MHz to 960 MHz.
relevant 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.
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.
sub-1 GHz band means the part of the spectrum up to 1 GHz.
TPG Telecom means TPG Telecom Limited (ACN 096 304 620).
(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 relevant 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.