VICs issued by the Comptroller - General of Customs or Director - General of Security
(1) The Comptroller - General of Customs or the Director - General of Security (the requesting VIC issuer ) may apply to the Secretary for approval to issue VICs in a form other than that set out in regulation 6.39.
(2) The application must be in writing and must set out:
(a) the proposed form of VICs; and
(b) the reasons for the proposed differences.
(3) If the Secretary needs more information to deal with an application, the Secretary may ask the requesting VIC issuer, in writing, to provide the information.
(4) Within 30 days after receiving an application (or, if the Secretary has asked for information under subregulation (3), after receiving the information), the Secretary:
(a) must approve, or refuse to approve, in writing, the issue of VICs in the proposed form; and
(b) must notify the requesting VIC issuer in writing of the decision and, if the decision is a refusal, the reasons for the decision.
(5) If the Secretary has not approved, or refused to approve, the issue of VICs in the proposed form within the period allowed by subregulation (4), the Secretary is taken to have refused to approve the issue of VICs in the proposed form.
(6) Before approving or refusing to approve the issue of VICs in the proposed form, the Secretary must consider:
(a) the justification offered for the difference; and
(b) the likely effect of the difference on aviation security in Australia generally; and
(c) the likely effect of the difference on aviation security at the airport or airports concerned; and
(d) anything else relevant that the Secretary knows about.
(7) The Secretary may give an approval subject to a condition, but must notify the requesting VIC issuer in writing what the condition is.
VICs issued by airport operators and aircraft operators
(7A) A VIC issuer (other than the Comptroller - General of Customs or the Director - General of Security) may issue VICs in a form that is different from that set out in regulation 6.39 if the Secretary has approved the different form.
(7B) The Secretary is taken to have approved the different form for subregulation (7A) if:
(a) the VIC issuer's TSP sets out the different form; and
(b) the Secretary has approved the part of the TSP that sets out the different form.
(7C) If the VIC issuer is an agent of an airport operator or Secretary - approved VIC issuer, the agent may only issue VICs in a form that is different from that set out in regulation 6.39 if:
(a) the airport operator's or Secretary - approved VIC issuer's TSP sets out:
(i) the different form; and
(ii) that the agent will issue VICs in the different form; and
(b) the Secretary has approved the part of the TSP that sets out the different form and states that the agent will issue VICs in the different form.
Offence
(8) A person commits an offence if:
(a) the person is a VIC issuer; and
(b) the Secretary has approved a different form for VICs issued by that VIC issuer; and
(c) the VIC issuer:
(i) issues a VIC that does not comply with either the different form or the form set out in regulation 6.39; or
(ii) contravenes a condition of the approval of the different form.
Note: An airport operator or Secretary - approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).
(9) An offence under subregulation (8) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(10) A person commits an offence if:
(a) the person is a VIC issuer; and
(b) the VIC issuer is an airport operator or a Secretary - approved VIC issuer; and
(c) the VIC issuer's TSP states that the VIC issuer (or its agent) must not issue a VIC in the form set out in regulation 6.39; and
(d) the VIC issuer (or its agent) issues a VIC in the form set out in regulation 6.39.
Note: An airport operator or Secretary - approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).