17Determination of application

17 Determination of application

17 Determination of application

(1) The Secretary must determine an application for an accreditation by—

(a) granting the application, with or without conditions, or

(b) refusing the application.

(2) The Secretary must not accredit a person to provide a class of contestable network services unless satisfied the person is competent to provide the services.

(3) The Secretary may refuse to accredit a person to provide a class of contestable network services if—

(a) the application is not made in accordance with section 16, or

(b) the Secretary is satisfied the person does not satisfy the eligibility requirements in the scheme rules, or

(c) the Secretary is not satisfied that—

(i) the person is a fit and proper person to provide contestable network services, or

(ii) if the person is an individual—each person with whom the person is in partnership in connection with a business that provides or proposes to provide contestable network services is a fit and proper person to be involved in providing the services, or

(iii) if the person is a body corporate—each director or person involved in the management of the body corporate is a fit and proper person to be involved in providing contestable network services, or

(d) the person has previously failed to comply with a condition of an accreditation, or

(e) the person holds or has held an accreditation that has been suspended or cancelled.

(4) The Secretary must give a person written notice of the determination of the person’s application that includes—

(a) if the application is granted—the period of accreditation, being no longer than 3 years, or

(b) if the application is refused—the reasons for the refusal.