Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 6.25A

Register of VICs and other records

  (1)   A VIC issuer (other than an agent) must keep a register and other records in accordance with this regulation.

Register and other records

  (2)   The register must contain the following details of each VIC issued by the VIC issuer (or its agents):

  (a)   if the VIC is issued by a Secretary - approved VIC issuer (or its agent), the Comptroller - General of Customs or the Director - General of Security--the airport for which the VIC is valid;

  (b)   the following details about the person to whom the VIC was issued:

  (i)   the name of the person;

  (ii)   the date of birth of the person;

  (iii)   the residential address of the person;

  (c)   the reasons stated by the person for why the person needs to be issued a VIC;

  (d)   the unique number of the VIC;

  (e)   the date of issue of the VIC;

  (f)   the date of expiry of the VIC;

  (g)   if applicable, the date on which the VIC was returned or cancelled, or reported lost, stolen or destroyed;

  (h)   the following details about the ASIC holder supervising the VIC holder:

  (i)   the name of the ASIC holder;

  (ii)   the   unique number of the ASIC holder's ASIC;

  (iii)   the date of expiry of the ASIC holder's ASIC;

  (i)   a declaration by the VIC holder that he or she has not:

  (i)   been refused an ASIC; or

  (ii)   had an ASIC that was suspended or cancelled because the holder had an adverse criminal record; or

  (iii)   if the VIC is not issued by the Comptroller - General of Customs or the Director - General of Security--been issued with a VIC for the airport for more than a total of 28 days in the previous 12 months, other than a VIC issued in the circumstances set out in subregulation   (2A);

  (j)   if the VIC is issued by a Secretary - approved VIC issuer (or its agent)--a declaration by the VIC holder that he or she has not been issued with a VIC by that issuer for more than a total of 28 days in the previous 12 months;

  (k)   if the VIC is issued by the Comptroller - General of Customs--a declaration by the VIC holder that he or she has not been issued with a VIC by the Comptroller - General of Customs for more than a total of 28 days in the previous 12 months;

  (ka)   if the VIC is issued by the Director - General of Security--a declaration by the VIC holder that the holder has not been issued with a VIC by the Director - General of Security for more than a total of 28 days in the previous 12 months;

  (l)   if paragraph   6.38C(1)(a) or (b) applies, details of the identification document or documents used to confirm the identity of the VIC holder;

  (m)   confirmation by an ASIC holder of the reasons why the VIC holder needs to enter a secure area of the airport;

  (n)   if the ASIC holder mentioned in paragraph   (m) is not the ASIC holder mentioned in paragraph   (h)--the following details about the ASIC holder mentioned in paragraph   (m):

  (i)   the name of the ASIC holder;

  (ii)   the   unique number of the ASIC holder's ASIC;

  (iii)   the date of expiry of the ASIC holder's ASIC.

Example for paragraph   (l):   If the identification document is a passport, the document number, country of issue and expiry date of the passport.

  (2A)   For the purposes of subparagraph   (2)(i)(iii), the circumstances are that the VIC is issued:

  (a)   by the Comptroller - General of Customs; or

  (b)   by the Director - General of Security; or

  (c)   relying on regulation   6.38G, 6.38H or 6.38I; or

  (d)   relying on an exemption under regulation   6.38F.

  (3)   The register need not contain the residential address of a VIC holder who is a law enforcement officer, an officer or employee of ASIO, an APS employee, a member of the Parliament of the Commonwealth or a State or a member of the legislature of a Territory.

  (4)   A person commits an offence if:

  (a)   the person is required to keep a register under this regulation; and

  (b)   the person does not retain the record of issue of a VIC issued by the person (or its agent) for 24 months after the issue of the VIC; and

  (c)   the person knows that the record has not been retained for 24 months.

Penalty:   30 penalty units.

  (5)   A person commits an offence if:

  (a)   the person (the issuer ) is required to keep a register under this regulation; and

  (b)   the issuer does not retain a record, for each person to whom the issuer (or its agents) has issued a VIC in the previous 12 months, of the number of days in the previous 12 months that the person has held a VIC for an airport; and

  (c)   the issuer knows that the record has not been retained; and

  (d)   the issuer is not exempt from this subregulation   under subregulation   (6).

Penalty:   30 penalty units.

  (6)   An issuer is exempt from subregulation   (5) if the issuer is an airport operator of an airport from which screened air services do not operate.

Means of maintaining register and other records

  (7)   The VIC issuer must keep the register and other records by means of a computer or in any other form that can be conveniently audited.

  (8)   The VIC issuer must hold the register and other records at its office.

  (9)   The VIC issuer must allow an aviation security inspector to inspect the register and other records on request during normal business hours.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback