Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 74H

  (1)   Regulations may be made:

  (a)   providing for matters to which the Secretary must have regard for the purposes of deciding whether or not to determine that a person has an adverse aviation security status; and

  (b)   specifying circumstances in which the Secretary must determine that a person has an adverse aviation security status; and

  (c)   specifying circumstances in which the Secretary may determine that a person has an adverse aviation security status; and

  (d)   providing for matters relating to the carrying out of security status checking; and

  (e)   authorising the use or disclosure of information (including personal information within the meaning of the Privacy Act 1988 ) for the purposes of, or in relation to, security status checking; and

  (f)   specifying procedures and other matters relating to the determination of applications for security designated authorisations, including, but not limited to, delaying the determination of such applications pending the outcome of security status checking; and

  (g)   specifying procedures and other matters relating to the issue, suspension or cancellation by CASA of security designated authorisations or the refusal by CASA to issue security designated authorisations; and

  (h)   providing that applicants for, or holders of, security designated authorisations may request security status checking to be undertaken; and

  (i)   specifying the consequences of a failure to make a request of a kind mentioned in regulations under paragraph   (h); and

  (j)   providing for the collection of fees by CASA on behalf of the Commonwealth, being fees prescribed by the regulations for the purposes of this Division; and

  (k)   conferring the function of determining under subsection   74G(1) that a person has an adverse security status upon CASA (in addition to, but not instead of, the Secretary); and

  (l)   empowering the Director of CASA to delegate all or any of CASA's functions and powers under this Division   to a person holding, or performing the duties of, an office or position within CASA that is at a level equivalent to that of an SES employee; and

  (m)   in relation to any other matter related to the operation of this Division.

  (2)   If regulations under paragraph   (1)(k) are in force:

  (a)   references in section   74G and in this section to the Secretary are to be taken to include references to CASA; and

  (b)   paragraph   74G(2)(b) does not apply to a determination by CASA under subsection   74G(1); and

  (c)   paragraph   126(1)(f) has effect as if the reference in subsection   126(1) to the Secretary included a reference to CASA.