Commonwealth Consolidated Regulations

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AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 6.38C

Proof of identity

  (1)   A VIC issuer must not issue a VIC to a person unless the person confirms his or her identity:

  (a)   by showing the VIC issuer a Category B identification document for the person; or

  (c)   in the manner specified by the Secretary in an instrument made for this paragraph.

  (3)   However, the person does not need to confirm his or her identity if:

  (a)   the person is a person mentioned in paragraph   4.12(1)(a), (b) or (c); or

  (c)   the VIC issuer determines that there are exceptional circumstances.

Example for paragraph   (c): There is a plumbing or electrical emergency and the person who is to fix the problem has forgotten to bring his or her identification documents.

  (4)   A person commits an offence if:

  (a)   the person is a VIC issuer; and

  (b)   the VIC issuer (or its agent) issues a VIC to a person (the VIC holder ); and

  (c)   at the time of issue, the VIC holder does not confirm his or her identity in accordance with subregulation   (1); and

  (d)   the VIC holder is not exempt from confirming his or her identity under subregulation   (3).

Penalty:   50 penalty units.

Note:   An airport operator or Secretary - approved VIC issuer is responsible for the actions of its agents under subregulation   6.37G(5).

  (5)   If a VIC issuer issues a VIC to a person and the person did not confirm his or her identity at the time of issue because the VIC issuer determined that there were exceptional circumstances, the VIC issuer must:

  (a)   record, in writing, the circumstances under which the VIC was issued; and

  (b)   maintain the record for 24 months; and

  (c)   allow an aviation security inspector to inspect the record on request during normal business hours.



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