Commonwealth Consolidated Regulations

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 6.45

  (1)   A person commits an offence if:

  (a)   the person is the holder of a red ASIC or a grey ASIC; and

  (b)   the holder does not return the ASIC to the issuing body within 1 month after:

  (i)   the ASIC expires; or

  (ii)   the holder is notified that the ASIC has been cancelled; or

  (iii)   the ASIC has been damaged, altered or defaced (permanently or temporarily); or

  (iv)   the holder no longer has an operational need to enter the relevant secure area.

Penalty:   10 penalty units.

  (2)   A person commits an offence if:

  (a)   the person is the holder of a VIC; and

  (b)   the holder does not return the VIC to the VIC issuer within 7 days after:

  (i)   the VIC expires, and subregulation   (3) does not apply; or

  (ii)   the holder is notified that the VIC has been cancelled; or

  (iii)   the VIC has been damaged, altered or defaced (permanently or temporarily); or

  (iv)   the holder no longer needs to enter the relevant secure area.

Penalty:   10 penalty units.

  (3)   The holder of the VIC does not need to return the VIC to the VIC issuer within 7 days after the VIC expires if:

  (a)   all of the following apply:

  (i)   the VIC was issued by an airport operator (or its agent) or a Secretary - approved VIC issuer (or its agent);

  (ii)   the issuer's TSP sets out circumstances in which a VIC does not need to be returned to the VIC issuer within 7 days after the VIC expires;

  (iii)   the Secretary has approved the part of the TSP that sets out the circumstances;

  (iv)   one or more of the circumstances apply to the VIC holder; or

  (b)   all of the following apply:

  (i)   the Comptroller - General of Customs issued the VIC;

  (ii)   the Secretary has notified the Comptroller - General of Customs, in writing, that, in particular circumstances, a VIC does not need to be returned to the Comptroller - General of Customs within 7 days after the VIC expires;

  (iii)   one or more of the circumstances apply to the VIC holder; or

  (c)   all of the following apply:

  (i)   the Director - General of Security issued the VIC;

  (ii)   the Secretary has notified the Director - General of Security, in writing, that, in particular circumstances, a VIC does not need to be returned to the Director - General of Security within 7 days after the VIC expires;

  (iii)   one or more of the circumstances apply to the VIC holder.

  (4)   If the holder of a VIC does not return the VIC to the VIC issuer, the VIC issuer must take reasonable steps to tell any of the following that the VIC needs to be returned:

  (a)   the VIC holder;

  (b)   the ASIC holder who supervised the VIC holder;

  (c)   the VIC holder's employer.

  (5)   A person commits an offence if:

  (a)   the person is the holder of a TAC; and

  (b)   the holder does not return the TAC to the issuer within 7 days after:

  (i)   the TAC expires; or

  (ii)   the holder is notified that the TAC has been cancelled; or

  (iii)   the TAC has been damaged, altered or defaced (permanently or temporarily); or

  (iv)   the holder no longer needs to enter the relevant secure area.

Penalty:   10 penalty units.

  (6)   An offence under subregulation   (1), (2) or (5) is an offence of strictly liability.

  (7)   For this regulation, if a VIC was issued by an agent of an airport operator or a Secretary - approved VIC issuer, the VIC issuer is either the agent, or the airport operator or Secretary - approved VIC issuer who authorised the agent.