(1) 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) both of the following apply:
(i) the person holds a red ASIC or a grey ASIC and does not have the ASIC on his or her person;
(ii) the VIC issuer independently confirms that the person holds a valid red ASIC or grey ASIC; or
(b) both of the following apply:
(i) the person holds a red ASIC or a grey ASIC and has the ASIC on his or her person;
(ii) the ASIC is for a different airport.
(2) If a VIC issuer issues a VIC to a person under subregulation (1), the VIC issuer must ensure that the VIC does not have any expiry date any later than the expiry date of the ASIC.