Document ID: chunk:federal_register_of_legislation:F2014L01684:reg:3:p6
Version: federal_register_of_legislation:F2014L01684
Segment Type: reg
Provision Reference: reg 3 (pt 6/7)
Character Range: 22726–25529

able to provide; and
 (f) all relevant provisions of these Rules.

 (4) The ACMA may not exercise the discretion referred to in subclause (1) unless the cabling provider has made an application in writing to the ACMA showing just cause why the ACMA should exercise the discretion.

 (5) The ACMA will consider the application and provide written notice to the cabling provider of its decision.

 (6) The cabling provider may take that notice to an accredited registrar and the registrar will be allowed to register the cabling provider where the notice specifies that the cabling provider may use an expired registration as evidence of competency.

 (7) If the registration is granted, the date of effect will be from the date the application is processed by the registrar.

Part 2 Registration of cabling providers and conduct of registrar

5 Registrar must be accredited

  To be entitled to conduct registration services a registrar must be accredited in accordance with the accreditation procedures specified in Schedule 5.

      Note Subsection 3.1(5) of these Rules provides that the ACMA must not engage a person to operate the registration system or act as a registrar unless the ACMA has accredited the person in accordance with the accreditation procedures specified in Schedule 5.

6 Deed for accreditation of registrars

 (1) To be accredited a registrar must enter into a Deed in relation to Cabling Provider Registrar Obligations (the Deed). The Deed is in a standard form approved by the ACMA and will be the same for all accredited registrars, subject to any variation as allowed under the Deed. Additional provisions apply where the registrar is under the control of one or more controlling entities.

 (2) The Deed is between the registrar, (including its controlling entity or entities (if any)), and the Commonwealth as represented by the Chair of the ACMA. The Deed must be executed by all of the parties to give effect to the accreditation of the registrar by the ACMA.

 (3) The approved form of the Deed is set out in Schedule 3.

7 Conduct of registrar

 (1) A registrar must conduct itself in a manner consistent with the obligations in the Deed. The Deed includes provisions, consistent with the Privacy Act 1988 and the Australian Privacy Principles, for the protection of personal information given to a registrar.

 (2) The registrar must:
 (a) advise applicants about the evidence of competency required to make an application for registration as a registered cabling provider;
 (b) give applicants appropriate registration forms that include the declaration set out in Schedule 4; and
 (c) make itself available to assist applicants to complete the forms.

 (3) The registrar must ensure that registration forms are completed correctly and, if the applicant complies