3Interpretation

3 Interpretation

(1) In this direction:

Act means the Radiocommunications Act 1992.

associate, in relation to a person, means:

(a) if the person 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) if the person 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 all cases—any other person (other than the Commonwealth when represented by the ACMA) who has a relevant agreement with the person that:
(i) is for the use by a party to the agreement of spectrum licensed to either of those parties under a spectrum licence for a part of the spectrum referred to in the re-allocation declaration; or
(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.

public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997.

re-allocation declaration means the Radiocommunications (Spectrum Re-allocation—Regional 1800 MHz Band) Declaration 2015.

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 that 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.

roaming services agreement means an agreement between carriers for the principal purpose of enabling end-users of public mobile telecommunications services supplied by another carrier, in geographic locations where the first-mentioned carrier’s public mobile telecommunications services are not available.