Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies in relation to a body (the original issuing body ) that was an issuing body if:
(a) the Secretary revokes the authorisation of the body as an issuing body under regulation 6.19 or 6.19A; or
(b) the body ceases to exist; or
(c) for any other reason, the body no longer performs the functions or exercises the powers of an issuing body.
(2) The Secretary may decide that another issuing body (the new issuing body ) is to be the issuing body for:
(a) any ASICs ( transferred ASICs ) issued by the original issuing body that:
(i) are in effect; or
(ii) are suspended under regulation 6.42B; or
(iii) have been cancelled or have expired, but may be reinstated; or
(iv) have been cancelled or have expired, if another ASIC may be issued to the former holder without a further background check being conducted; and
(b) any applications for ASICs ( transferred ASIC applications ) made to the original issuing body in relation to which the original issuing body:
(i) has applied to the Secretary AGD for a background check (whether or not the background check has been completed); but
(ii) has not yet issued, or refused to issue, an ASIC.
Transferred ASICs and transferred ASIC applications
(4) A transferred ASIC is not affected by the original issuing body no longer being an issuing body.
(5) The new issuing body is not responsible for the actions of the original issuing body in relation to a transferred ASIC.
(6) The new issuing body may continue to deal with a transferred ASIC application as if it had been made to the new issuing body, and if the new issuing body does so:
(a) subject to paragraph (b), anything done by or in relation to the original issuing body in relation to the transferred ASIC application is taken, for the purposes of the new issuing body dealing with the application under this Part, to have been done by or in relation to the new issuing body; but
(b) the new issuing body may disregard anything done by or in relation to the original issuing body in relation to the transferred ASIC application for the purposes of dealing with the application under this Part, if the new issuing body considers it appropriate to do so.
Note: For example, the new issuing body may continue to process a transferred ASIC application, and may issue the ASIC applied for, in reliance on identification documents provided to the original issuing body. However, the new issuing body may choose not to rely on the documents, and may require the applicant to provide identification documents again, if the new issuing body considers it appropriate to do so.
Transfer of records and documents to new issuing body
(7) The original issuing body must transfer to the new issuing body:
(a) the original issuing body's register of ASICs, to the extent that the register relates to transferred ASICs; and
(b) any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007 ) in the original issuing body's possession that relate to:
(i) transferred ASICs; or
(ii) transferred ASIC applications.
Transfer of records and documents to Secretary
(8) The original issuing body must transfer to the Secretary any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007 ) that subregulation 6.24(2) requires the original issuing body to retain, other than records or documents transferred to a new issuing body (if any) under subregulation (7) of this regulation.
Note: Subregulation (8) applies whether or not there is a new issuing body.