Document ID: chunk:federal_register_of_legislation:F2014L01684:reg:10:p17
Version: federal_register_of_legislation:F2014L01684
Segment Type: reg
Provision Reference: reg 10 (pt 17/32)
Character Range: 76322–79246

Negation of Employment, Partnership and Agency

       10.1 The Registrar is not by virtue of this Deed an officer, employee, partner or agent of the Commonwealth or the ACMA, nor does the Registrar have any power or authority to bind or represent the Commonwealth or the ACMA.

       10.2 The Registrar agrees not to represent itself, and to ensure that its officers, employees, agents and subcontractors do not represent themselves, as being an officer, employee, partner or agent of the Commonwealth or the ACMA, or as otherwise able to bind or represent the Commonwealth or the ACMA.

      11. Audit

       11.1 The ACMA may:
          (a) no more than once per year; or
          (b) if it has received a serious complaint in writing and after consultation with the Registrar;
      require an audit, to be conducted by an Authorised Auditor, of the Registrar's:
          (c) compliance with this Deed;
          (d) methodology and data used to work out the cost recovery basis for the provision of the Registration Services; and
          (e) financial records in relation to the Registration Service.

       11.2 The Registrar must:
          (a) allow the Authorised Auditor reasonable access on reasonable notice during Business Hours on any Business Day to the Registrar's personnel, premises, equipment, systems, records and documentation for the purposes of auditing the Registrar; and
          (b) cooperate fully with the Authorised Auditor and respond promptly to, and comply with, any reasonable request from them.

       11.3 Within 10 Business Days after the Registrar receives a written report of any audit findings from the ACMA, the Registrar must respond to and address any issues reasonably identified by the ACMA that require a response from the Registrar.

       11.4 If, as a result of a report under this clause 11, the ACMA takes the view that compliance with this Deed requires the Registrar to take certain actions, the ACMA may direct the Registrar to take those actions to so comply and the Registrar must take those actions within 10 Business Days of the direction.

       11.5 The costs of all actions required under this clause 11 to be taken by the Registrar to remedy the problems identified by an Authorised Auditor are to be borne by the Registrar.

      12. Registrar not sole registrar

       12.1 This Deed does not mean that:
          (a) the Registrar has the right to be a sole supplier of Registration Services to cabling providers; or
          (b) any cabling provider will use the Registrar's Registration Services.

       12.2 The ACMA will advise each representative on the Registrar Coordinating Committee when a new application is received by the ACMA from a person who wishes to be appointed as an accredited Registrar in accordance with the provisions of this Deed.

      13. Registrar Coordinating Committee

       13.1 The Registrar agrees that its