Despite subregulations 6.38E(2) and (3), a VIC issuer may issue a VIC for a particular airport to a person who has held, or will hold, a VIC for that airport for a total of 28 or more days in a 12 month period if:
(a) the person has applied for an ASIC and the issuing body has not yet issued, or not yet refused to issue, the ASIC; and
(b) the VIC issuer independently confirms that the issuing body has received the completed application but has not yet issued, or refused to issue, the ASIC.