Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if:
(a) an ASIC is cancelled in accordance with paragraph 6.43(2)(ba); and
(b) the Secretary receives:
(i) an application mentioned in subregulation 6.43A(2) from the former holder of the ASIC or the issuing body for the ASIC; or
(ii) any information for which the Secretary asks the former holder of the ASIC or the issuing body under subregulation 6.43A(5).
(2) If the Secretary is satisfied on reasonable grounds that setting aside the cancellation of the ASIC would not constitute a threat to aviation security, the Secretary must set aside the cancellation.
(3) If the Secretary is satisfied on reasonable grounds that setting aside the cancellation of the ASIC would constitute a threat to aviation security, the Secretary must refuse to set aside the cancellation.
(4) Subject to subregulation (5), within 30 days after the Secretary receives the application or, if subparagraph (1)(b)(ii) applies, within 30 days after the Secretary receives the information, the Secretary must:
(a) decide whether to set aside the cancellation of the ASIC; and
(b) if the Secretary decides to set aside the cancellation--tell the following persons, in writing, about the decision and any condition under regulation 6.43D to which the setting aside is subject:
(i) the former holder of the ASIC;
(ii) the issuing body;
(iii) the Secretary AGD; and
(c) if the Secretary refuses to set aside the cancellation:
(i) tell the former holder of the ASIC, in writing, about the decision and the reasons for it; and
(ii) if the application mentioned in subregulation 6.43A(2) was made by the issuing body--tell the issuing body, in writing, about the decision.
Note: For a person's notification and review rights in relation to a qualified security assessment, see section 38 and Division 4 of Part IV of the Australian Security Intelligence Organisation Act 1979.
(5) The Secretary may extend the period for making a decision mentioned in paragraph (4)(a) by a further period not exceeding 60 days if the Secretary:
(a) tells the person who made the application mentioned in subregulation 6.43A(2), in writing, about extending the period for making the decision; and
(b) tells the person mentioned in paragraph (a) within 30 days after the Secretary receives the application or, if subparagraph (1)(b)(ii) applies, within 30 days after the Secretary receives the requested information.
(6) If the Secretary does not make a decision mentioned in paragraph (4)(a) within the period mentioned in subregulation (4) or, if the period is extended under subregulation (5), within the extended period, the Secretary is taken to have refused to set aside the cancellation of the ASIC.