Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An issuing body or a person may apply to the Secretary, in writing, for permission for an ASIC to be issued to the person if:
(a) the person is not eligible to be issued an ASIC because he or she:
(i) has an adverse criminal record; or
(ii) is disqualified under regulation 6.48 from holding an ASIC; and
(b) the only other reason (if any) the person is not eligible is that the person does not have an operational need for an ASIC; and
(c) the person has not been convicted of a tier 1 offence.
Note: If the person does not have an operational need for an ASIC, an ASIC must not be issued until the person has an operational need (see subregulation (7)).
(1A) An application under subregulation (1) must be made:
(a) for an issuing body--before the end of 28 days after the issuing body was given advice about the background check of the person under Subdivision A of Division 5 of Part 2 of the AusCheck Regulations 2017 ; or
(b) for the person--before the end of 28 days after the person:
(i) was advised or informed under Subdivision A of Division 5 of Part 2 of AusCheck Regulations 2017 that the person has an unfavourable criminal history (within the meaning of those regulations); or
(ii) is disqualified under regulation 6.48 from holding an ASIC.
(1B) The Secretary may, on application in writing by an issuing body or the person, extend the time for making the application.
(2) If the Secretary needs more information to deal with an application, the Secretary may ask the issuing body or the person, in writing, to provide the information.
(2A) The Secretary may request information about the person from the Secretary AGD.
(2B) If the Secretary has asked for more information under subregulation (2), and does not receive the information within 30 days of asking for it, the Secretary may close the application and subregulations (3) and (4) do not apply.
Note: Closing an application is not a refusal to issue an ASIC.
(2C) The Secretary may, on application in writing by an issuing body or the person, extend the time for providing the information.
(2D) If an application was closed under subregulation (2B) and the Secretary extends the time in which the issuing body or person may provide the information, the application is not reopened until the Secretary receives the information.
(3) Within 30 days after receiving an application (or, if the Secretary has asked for information under subregulation (2), after receiving the information), the Secretary must:
(a) decide whether to approve, or refuse to approve, the issuing of the ASIC; and
(b) if the Secretary decides to approve the issuing of the ASIC--tell the following persons, in writing, about the decision:
(i) the person who applied for the ASIC;
(ii) the issuing body;
(iii) the Secretary AGD; and
(c) if the Secretary decides to refuse to approve the issuing of the ASIC:
(i) tell the person who applied for the ASIC, in writing, about the decision and the reasons for it; and
(ii) if the application mentioned in subregulation (1) was made by an issuing body--tell the issuing body, in writing, about the decision.
Note: See section 266 of the Administrative Review Tribunal Act 2024 for the requirements for the decision - maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.
(4) If the Secretary has not approved, or refused to approve, the issue of the ASIC within the period allowed by subregulation (3), the Secretary is taken to have refused to approve the issue of the ASIC.
(5) Before approving or refusing to approve the issue of the ASIC to a person who is not eligible to be issued an ASIC only because the person's adverse criminal record prevents him or her being issued with an ASIC, the Secretary must consider:
(a) the nature of the offence the person was convicted of; and
(b) the length of the term of imprisonment imposed on him or her; and
(c) if he or she has served the term, or part of the term--how long it is, and his or her conduct and employment history, since he or she did so; and
(d) if the whole of the sentence was suspended--how long the sentence is, and his or her conduct and employment history, since the sentence was imposed; and
(e) anything else relevant that the Secretary knows about.
(6) The Secretary may give an approval subject to a condition, but must notify the issuing body and the person in writing what the condition is.
Applicant who does not have an operational need
(7) If the Secretary approves the issue of an ASIC to a person who does not have an operational need for the ASIC, the ASIC must not be issued until the person has an operational need for the ASIC.