Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Regulation 1.03, after definition of Customs and Border Protection
insert
"designated airport" means each of the following airports:
(a) Adelaide Airport;
(b) Alice Springs Airport;
(c) Brisbane Airport;
(d) Cairns Airport;
(e) Canberra Airport;
(f) Coolangatta Airport;
(g) Darwin Airport;
(h) Hobart Airport;
(i) Melbourne Airport;
(j) Perth Airport;
(k) Sydney Airport.
[2] Regulation 1.03, after definition of security tamper-evident bag
insert
"TAC" means a temporary aircrew card issued under regulation 6.37B.
[3] Regulation 1.04
omit each mention of
ASIC or VIC
insert
ASIC, VIC or TAC
[4] Regulation 1.05, heading
substitute
1.05 Meaning of valid ASIC , valid VIC and valid TAC
[5] Subregulation 1.05 (1), definition of valid
omit
ASIC or VIC
insert
ASIC, VIC or TAC
[6] After subregulation 2.16 (2)
insert
Issuing VICs for access control
(3) If an airport operator intends to authorise agents to issue VICs on behalf of the airport operator, the TSP must set out procedures for:
(a) how the airport operator will authorise agents; and
(b) auditing an agent's practices.
(4) If an airport operator intends to issue VICs in a form that is different from that set out in regulation 6.39, the TSP must set out:
(a) the form; and
(b) whether VICs issued by the airport operator's agents will be in the different form.
(5) An airport operator's TSP may set out:
(a) more than 1 form for a VIC; and
(b) that the airport operator's agents may use a different form, set out in the TSP, than that used by the airport operator.
(6) An airport operator's TSP may state that the airport operator (or its agent) must not issue VICs in the form set out in regulation 6.39.
(7) If an airport operator intends to issue VICs, the TSP may set out circumstances in which a VIC need not be returned to the airport operator within 7 days after the VIC has expired.
[7] After subregulation 2.32 (4)
insert
Issuing TACs for access control
(5) If an aircraft operator intends to issue TACs, the TSP must set out the process for how the aircraft operator will issue TACs.
Issuing VICs for access control
(6) If an aircraft operator intends to authorise agents to issue VICs on behalf of the aircraft operator, the TSP must set out procedures for:
(a) how the aircraft operator will authorise agents; and
(b) auditing an agent's practices.
(7) If an aircraft operator is approved by the Secretary to issue VICs and the aircraft operator intends to issue VICs in a form that is different from that set out in regulation 6.39, the TSP must set out:
(a) the form; and
(b) whether VICs issued by the aircraft operator's agents will be in the different form.
(8) An aircraft operator's TSP may set out:
(a) more than 1 form for a VIC; and
(b) that an aircraft operator's agents may use a different form, set out in the TSP, than that used by the aircraft operator.
(9) An aircraft operator's TSP may state that the aircraft operator (or its agent) must not issue VICs in the form set out in regulation 6.39.
(10) If an aircraft operator is approved by the Secretary to issue VICs, the TSP may set out circumstances in which a VIC need not be returned to the aircraft operator within 7 days after the VIC has expired.
[8] Subdivision 3.2.1, heading
substitute
Subdivision 3.2.1 Display and use of ASICs, VICs and TACs in secure areas
[9] Subregulation 3.03 (1)
omit
3.05, 3.06, 3.07, 3.07A, 3.08 and 3.09
insert
3.05 to 3.09
[10] Subregulation 3.03 (1), note 3
substitute
Note 3 A person who properly displays a valid VIC or TAC, and is supervised by a person who properly displays a valid ASIC, need not display a valid ASIC -- see regulation 3.09.
[11] Subregulation 3.03 (4B)
after
VIC
insert
or TAC
[12] After regulation 3.07A
insert
3.07B Minors exempt from requirement to display ASIC
Despite regulation 3.03, a person is not required to display an ASIC in a secure area if:
(a) the person is:
(i) younger than 5; or
(ii) younger than 16 and on a school excursion; and
(b) at all times the person is in the secure area, he or she is escorted by a person who is properly displaying a valid ASIC.
[13] Regulation 3.09, heading
substitute
3.09 Persons who display valid VICs or TACs
[14] Regulation 3.09
after each mention of
VIC
insert
or TAC
[15] Regulation 3.10, heading
substitute
3.10 Other cards not to be used as ASICs, VICs or TACs
[16] Subregulation 3.10 (1)
omit
ASIC or VIC
insert
ASIC, VIC or TAC
[17] Regulation 3.11
omit
ASIC or VIC
insert
ASIC, VIC or TAC
[18] Subdivision 3.2.2, heading
substitute
Subdivision 3.2.2 Display and use of ASICs, VICs and TACs outside secure areas
[19] Subregulation 3.12 (1), note 2
substitute
Note 2 A person who properly displays a valid VIC or TAC, and is supervised by a person who properly displays a valid ASIC, need not display a valid ASIC -- see regulation 3.09.
[20] Subregulation 3.15 (3)
after each mention of
valid VIC
insert
or TAC
[21] Subregulation 3.15 (10)
omit
ASIC or VIC
insert
ASIC, VIC or TAC
[22] Subregulation 3.16 (3)
omit each mention of
VIC
insert
VIC, a valid TAC
[23] Subregulation 3.16 (7)
omit
ASIC or VIC
insert
ASIC, VIC or TAC
[24] Subregulation 3.18 (2)
omit
ASIC or VIC
insert
ASIC, VIC or TAC
[25] Subparagraph 3.20 (3) (h) (ii)
after
VIC
insert
or TAC
[26] Subregulation 3.20 (8)
omit
ASIC or VIC
insert
ASIC, VIC or TAC
[27] Subregulation 3.21 (2)
after each mention of
VIC
insert
or TAC
[28] Subregulation 3.21 (3)
omit
ASIC or VIC
insert
ASIC, VIC or TAC
[29] Subregulation 3.26 (2)
omit
ASIC or VIC
insert
ASIC, VIC or TAC
[30] Regulation 3.27
omit
[31] Subregulation 3A.05 (2)
omit
ASIC or a VIC
insert
ASIC, a VIC or a TAC
[32] Subregulation 3A.11 (2)
omit
ASIC or a VIC
insert
ASIC, a VIC or a TAC
[33] Subparagraph 4.11 (1) (a) (ii)
after
VIC
insert
or TAC
[34] Subregulation 6.01 (1), after definition of AFP
insert
"agent" means an agent, of an airport operator or a Secretary-approved VIC issuer, authorised to issue VICs on behalf of the airport operator or Secretary-approved VIC issuer under regulation 6.37G.
[35] Subregulation 6.01 (1), definition of holder
omit
ASIC or VIC,
insert
ASIC, VIC or TAC,
[36] Subregulation 6.01 (1), definition of issuing body
substitute
"issuing body" means a person or agency:
(a) that is authorised to issue ASICs; or
(b) that is a transitional issuing body.
"officer of the Commonwealth" includes the following:
(a) a Minister;
(b) a person who:
(i) holds an office established by or under an Act; or
(ii) was appointed under an Act; or
(iii) was appointed by the Governor-General or a Minister but not under an Act;
(c) a person who is a member or officer of an authority of the Commonwealth;
(d) a person who is:
(i) in the service or employment of the Commonwealth, or of an authority of the Commonwealth; or
(ii) employed or engaged under an Act.
[37] Subregulation 6.01 (1), after definition of Secretary AGD
insert
"Secretary-approved VIC issuer" means an aircraft operator that the Secretary has approved to issue VICs under regulation 6.37F.
[38] Subregulation 6.01 (1), after definition of sentence
insert
"transitional issuing body" means a body declared by the Secretary under subregulation 6.22A (1) to be a transitional issuing body.
"VIC issuer" means each of the following:
(a) an airport operator (or its agent);
(b) a Secretary-approved VIC issuer (or its agent);
(c) Customs and Border Protection.
[39] Paragraph 6.06 (c)
substitute
(c) the design, distribution and storage of sample ASICs, VICs or TACs for training purposes;
[40] Regulation 6.08
omit
[41] After regulation 6.10
insert
6.11 Variation of program after 21 November 2011
(1) An issuing body must:
(a) review its ASIC program to determine whether the program complies with these Regulations as in force on 21 November 2011 (the amended Regulations ); and
(b) if the program needs to be varied to comply with the amended Regulations -- submit a written proposed variation of the program to the Secretary, by 21 December 2011, for approval under regulation 6.10.
(2) If an issuing body does not submit a written proposed variation under paragraph (1) (b), the Secretary may:
(a) under regulation 6.19, revoke the authorisation of the body as an issuing body; or
(b) declare the body to be a transitional issuing body under regulation 6.22A.
(3) The issuing body may request, in writing, that the Secretary allow an extension of time within which to submit a written proposed variation of the body's ASIC program.
(4) The issuing body may not request an extension of time if the Secretary has, under regulation 6.19, revoked the body's authorisation as an issuing body.
(5) Within 30 days after receiving the written request, the Secretary must:
(a) decide whether to grant the extension of time; and
(b) give the issuing body written notice of the decision.
(6) If the Secretary does not make a decision about a request within 30 days after receiving the written request, the Secretary is taken to have refused to grant the extension of time.
[42] Regulations 6.12 to 6.14
substitute
6.12 Customs and Border Protection and CASA to be issuing bodies
Customs and Border Protection and CASA are each an issuing body.
6.13 Existing issuing bodies
If, immediately before 21 November 2011, an aviation industry participant or an operator of a security controlled airport was an issuing body under regulation 6.13 or 6.14 of these Regulations as in force immediately before 21 November 2011, the participant or operator is taken to be authorised as an issuing body on and after 21 November 2011.
Note An issuing body may apply under regulation 6.20 for the Secretary to revoke the authorisation of the issuing body under regulation 6.19A.
[43] Regulation 6.15, heading
substitute
6.15 Application for authorisation to issue ASICs
[44] Subregulation 6.15 (1)
omit
(other than an operator of a security controlled airport from which a regular public transport operation operates)
[45] Subregulation 6.16 (4)
omit
from which a regular public transport operation does not operate
[46] Subregulation 6.16 (8)
omit
[47] Paragraph 6.19 (1) (a)
omit
[48] Paragraphs 6.19 (1) (b), (c) and (d)
renumber as paragraphs (a), (b) and (c)
[49] After regulation 6.19
insert
6.19A Secretary's discretion to revoke authorisation
(1) The Secretary may revoke the authorisation of a body (the relevant body ) as an issuing body:
(a) on the Secretary's own initiative; or
(b) on application by the relevant body under regulation 6.20.
(2) This regulation does not apply to the Secretary's power to revoke authorisations under regulation 6.19.
(3) If the Secretary is considering revoking the authorisation of an issuing body on the Secretary's own initiative, the Secretary must give the relevant body written notice inviting the relevant body to respond within 14 days.
(4) Before deciding whether to revoke an authorisation, the Secretary must consider the following matters:
(a) the number of ASICs the relevant body has issued, or is taken to be the issuing body for, that:
(i) are valid; or
(ii) have been suspended under regulation 6.42B; or
(iii) have been cancelled or have expired, but:
(A) the ASIC may be reinstated; or
(B) another ASIC may be issued to the former holder without a further background check being conducted;
(b) whether there are any applications for ASICs that the relevant body is yet to approve or refuse to approve;
(c) whether there is another issuing body that can be the issuing body for the ASICs issued, or taken to be issued, by the relevant body;
(d) whether the relevant body should be a transitional issuing body under regulation 6.22A;
(e) any information given to the Secretary by the Secretary AGD about the following:
(i) any applications mentioned in paragraph (b);
(ii) any applications for ASICs that have been approved by the relevant body but the ASIC has not yet been issued;
(iii) the effect the revocation of the body's authorisation may have on operations;
(f) if the relevant body has responded to a notice under subregulation (3) -- the relevant body's response, including whether the relevant body wants to continue to be an issuing body;
(g) any other relevant information available to the Secretary.
(5) If the Secretary decides to revoke, or refuse to revoke, a body's authorisation, the Secretary must give the body written notice of the Secretary's decision and the reasons for the decision.
Note If the body applied for the revocation, the Secretary must make the decision and give the body written notice within 30 days of receiving the application -- see subregulation 6.20 (2).
(6) If the Secretary decides to revoke a body's authorisation and there are ASICs mentioned in paragraph (4) (a) that the body has issued, or is taken to be the issuing body for, the Secretary must:
(a) under regulation 6.22, decide which other issuing body will be the issuing body for those ASICs; or
(b) declare the body to be a transitional issuing body under regulation 6.22A.
(7) For subregulation (6), before deciding which of paragraphs (6) (a) and (b) will apply, the Secretary must consider the matters mentioned in paragraphs (4) (a), (b), (c), (f) and (g).
(8) If:
(a) the Secretary decides to revoke a body's authorisation; and
(b) the body is not the issuing body for any ASICs mentioned in paragraph (4) (a), or paragraph (6) (a) applies;
the revocation takes effect on the day the Secretary makes the decision.
(9) The Secretary must tell the Secretary AGD if the Secretary decides to revoke a body's authorisation.
[50] Regulation 6.20
substitute
6.20 Application by issuing body for revocation of authorisation
(1) An issuing body may apply, in writing, for the Secretary to revoke the authorisation of the body as an issuing body under regulation 6.19A.
(2) Within 30 days after receiving the written application, the Secretary must:
(a) decide to revoke, or refuse to revoke, the applicant's authorisation as an issuing body; and
(b) give the applicant written notice under subregulation 6.19A (5).
(3) If the Secretary does not make a decision about an application within 30 days after receiving the application, the Secretary is taken to have refused to revoke the applicant's authorisation.
[51] Regulation 6.22
substitute
6.22 Responsibility for ASICs of revoked issuing body etc
(1) This regulation applies if:
(a) the Secretary revokes the authorisation of an issuing body; or
(b) an issuing body ceases to exist; or
(c) for any other reason, an issuing body no longer performs the functions or exercises the powers of an issuing body.
(2) The Secretary may decide that another issuing body (the new issuing body ) will be the issuing body for any ASICs issued by a body mentioned in subregulation (1) (the original issuing body ) that:
(a) are valid; or
(b) have been suspended under regulation 6.42B; or
(c) have been cancelled or have expired, but:
(i) the ASIC may be reinstated; or
(ii) another ASIC may be issued to the former holder without a further background check being conducted.
(3) The Secretary must tell the Secretary AGD who the new issuing body for the ASICs mentioned in subregulation (2) will be.
(4) An ASIC mentioned in subregulation (2) issued by the original issuing body is not affected by the body no longer being an issuing body.
(5) The new issuing body is not responsible for the actions of the original issuing body in relation to the ASIC.
(6) The original issuing body must:
(a) transfer to the new issuing body the body's register of the following:
(i) ASICs that are valid;
(ii) ASICs that have been suspended under regulation 6.42B;
(iii) ASICs that have been cancelled or have expired, but:
(A) the ASIC may be reinstated; or
(B) another ASIC may be issued to the former holder without a further background check being conducted; and
(b) continue to retain records in accordance with regulation 6.24.
6.22A Transitional issuing bodies
(1) The Secretary may, in writing, declare an issuing body to be a transitional issuing body.
(2) If the Secretary makes a declaration, the following applies:
(a) beginning on the day after the Secretary makes the declaration, the transitional issuing body:
(i) must not issue a new ASIC unless the body received the application for the ASIC before the body was declared to be a transitional issuing body; and
(ii) must not apply to the Secretary AGD for a background check, other than under regulation 6.41A;
(b) the transitional issuing body will continue to be the issuing body for any valid ASICs issued by the body, and may issue replacement ASICs;
(c) immediately following the expiry or cancellation of the last valid ASIC issued by the issuing body, the body ceases to be an issuing body.
(3) The Secretary must tell the Secretary AGD if the Secretary declares a body to be a transitional issuing body.
[52] Regulation 6.23, heading
substitute
6.23 Register of ASICs
[53] Subregulation 6.23 (4)
omit
[54] Subregulations 6.23 (5), (6) and (7)
renumber as subregulations (4), (5) and (6)
[55] Regulation 6.24, heading
substitute
6.24 Other records of issuing bodies
[56] Subregulation 6.24 (2)
omit each mention of
or VIC
[57] Regulation 6.25, heading
substitute
6.25 Annual reporting by issuing bodies
[58] After regulation 6.25
insert
6.25A Register of VICs and other records
(1) A VIC issuer (other than an agent) must keep a register and other records in accordance with this regulation.
Register and other records
(2) The register must contain the following details of each VIC issued by the VIC issuer (or its agents):
(a) if the VIC is issued by a Secretary-approved VIC issuer (or its agent) or Customs and Border Protection -- the airport for which the VIC is valid;
(b) the following details about the person to whom the VIC was issued:
(i) the name of the person;
(ii) the date of birth of the person;
(iii) the residential address of the person;
(c) the reasons stated by the person for why the person needs to be issued a VIC;
(d) the unique number of the VIC;
(e) the date of issue of the VIC;
(f) the date of expiry of the VIC;
(g) if applicable, the date on which the VIC was returned or cancelled, or reported lost, stolen or destroyed;
(h) the following details about the ASIC holder supervising the VIC holder:
(i) the name of the ASIC holder;
(ii) the unique number of the ASIC holder's ASIC;
(iii) the date of expiry of the ASIC holder's ASIC;
(i) a declaration by the VIC holder that he or she has not:
(i) been refused an ASIC; or
(ii) had an ASIC that was suspended or cancelled because the holder had an adverse criminal record; or
(iii) if the VIC is not issued by Customs -- been issued with a VIC for the airport for more than a total of 28 days in the previous 12 months, not including the following:
(A) VICs issued by Customs and Border Protection;
(B) VICs issued before 21 November 2011;
(C) VICs issued relying on regulation 6.38G, 6.38H or 6.38I;
(D) VICs issued relying on an exemption under regulation 6.38F;
(j) if the VIC is issued by a Secretary-approved VIC issuer (or its agent) -- a declaration by the VIC holder that he or she has not been issued with a VIC by that issuer for more than a total of 28 days in the previous 12 months;
(k) if the VIC is issued by Customs and Border Protection -- a declaration by the VIC holder that he or she has not been issued with a VIC by Customs and Border Protection for more than a total of 28 days in the previous 12 months;
(l) if paragraph 6.38C (1) (a) or (b) applies, details of the identification document or documents used to confirm the identity of the VIC holder;
(m) confirmation by an ASIC holder of the reasons why the VIC holder needs to enter a secure area of the airport;
(n) if the ASIC holder mentioned in paragraph (m) is not the ASIC holder mentioned in paragraph (h) -- the following details about the ASIC holder mentioned in paragraph (m):
(i) the name of the ASIC holder;
(ii) the unique number of the ASIC holder's ASIC;
(iii) the date of expiry of the ASIC holder's ASIC.
Example for paragraph (l)
If the identification document is a passport, the document number, country of issue and expiry date of the passport.
(3) The register need not contain the residential address of a VIC holder who is a law enforcement officer, an officer or employee of ASIO or an Australian Public Service employee.
(4) A person commits an offence if:
(a) the person is required to keep a register under this regulation; and
(b) the person does not retain the record of issue of a VIC issued by the person (or its agent) for 24 months after the issue of the VIC; and
(c) the person knows that the record has not been retained for 24 months.
Penalty: 30 penalty units.
(5) A person commits an offence if:
(a) the person (the issuer ) is required to keep a register under this regulation; and
(b) the issuer does not retain a record, for each person to whom the issuer (or its agents) has issued a VIC in the previous 12 months, of the number of days in the previous 12 months that the person has held a VIC for an airport; and
(c) the issuer knows that the record has not been retained; and
(d) the issuer is not exempt from this subregulation under subregulation (6).
Penalty: 30 penalty units.
(6) An issuer is exempt from subregulation (5) if the issuer is an airport operator of an airport from which screened air services do not operate.
Means of maintaining register and other records
(7) The VIC issuer must keep the register and other records by means of a computer or in any other form that can be conveniently audited.
(8) The VIC issuer must hold the register and other records at its office.
(9) The VIC issuer must allow an aviation security inspector to inspect the register and other records on request during normal business hours.
6.25B Register of TACs
(1) If an aircraft operator issues TACs, the aircraft operator must maintain a register in accordance with this regulation.
(2) The register must contain the following details of each TAC issued by the aircraft operator:
(a) the name of the person to whom the TAC was issued;
(b) either:
(i) the unique number of the TAC holder's ASIC; or
(ii) the name of the issuing body to whom the TAC holder has applied for an ASIC;
(c) the unique number of the TAC;
(d) the date of issue of the TAC;
(e) the date of expiry of the TAC;
(f) if applicable, the date on which the TAC was returned or cancelled, or reported lost, stolen or destroyed.
(3) The aircraft operator must retain the record of issue of a TAC for 24 months after the issue of the TAC.
Means of maintaining register
(4) The aircraft operator must keep the register by means of a computer or in any other form that can be conveniently audited.
(5) The aircraft operator must hold the register at its office.
(6) The aircraft operator must allow an aviation security inspector to inspect the register on request during normal business hours.
[59] Division 6.5, heading
substitute
Division 6.5 ASICs, TACs and VICs -- issue, expiry, suspension and cancellation
[60] Subdivision 6.5.1, heading
substitute
Subdivision 6.5.1 Definitions for this Division
[61] Regulation 6.26A
before
In this Division:
insert
(1)
[62] After regulation 6.26A
insert
(2) In this Division, an ASIC holder is supervising a person if:
(a) the ASIC holder escorts or watches the person at all times when the person is required to display an ASIC; or
(b) all of the following apply:
(i) the ASIC holder ensures that the person stays within a particular area;
(ii) the ASIC holder is able to see if the person leaves the area;
(iii) the person has no access, while in that area, to:
(A) an aircraft engaged in a prescribed air service; or
(B) passengers boarding, or intending to board, an aircraft engaged in a prescribed air service; or
(C) anything being loaded, or to be loaded, on board an aircraft engaged in a prescribed air service.
[63] Subdivision 6.5.2, heading
substitute
Subdivision 6.5.2 Issue and form of ASICs
[64] Regulation 6.27
substitute
6.27 Issue of ASICs
(1) An issuing body may issue ASICs only in accordance with its ASIC program.
(2) A person commits an offence if:
(a) the person issues an ASIC, a card resembling an ASIC, or a card apparently intended to be taken to be an ASIC; and
(b) the person is not an issuing body.
Penalty: 50 penalty units.
(3) An offence under subregulation (2) is an offence of strict liability.
(4) A person commits an offence if:
(a) the person is a transitional issuing body; and
(b) the person issues an ASIC, a card resembling an ASIC, or a card apparently intended to be taken to be an ASIC; and
(c) the ASIC:
(i) is not a replacement ASIC; or
(ii) was not applied for before the person was declared to be a transitional issuing body.
Penalty: 50 penalty units.
(5) An issuing body must not issue an Australia-wide ASIC unless the ASIC holder has an operational need to access more than one airport.
6.27A Approval of airport operator for airport-specific ASICs
(1) If an issuing body (other than Customs and Border Protection) intends to issue an airport-specific ASIC to a person, and the issuing body is not the airport operator of that airport, the issuing body must not issue the ASIC unless the issuing body has received the written approval of the airport operator of the airport.
(2) The airport operator may give the issuing body approval subject to conditions.
(3) An issuing body may apply to the Secretary for an exemption from subregulation (1) if:
(a) the airport operator refuses to give the issuing body approval to issue an airport-specific ASIC; or
(b) the issuing body does not agree to the conditions imposed on the issuing body by the airport operator in relation to the issuing of an airport-specific ASIC.
(4) Before deciding whether to grant an issuing body an exemption from subregulation (1), the Secretary must consider the following:
(a) the reasons (if any) given by the airport operator for why approval was not given or the conditions were imposed;
(b) the issuing body's reasons for wanting to issue airport-specific ASICs for that airport;
(c) the number of airport-specific ASICs the issuing body has previously issued, and proposes to issue, for that airport;
(d) the effect that an exemption would have on the airport operator and on aviation security at the airport;
(e) the significance of any facilities operated by the issuing body at the airport, including:
(i) if any aircraft use the facilities -- the size and number of aircraft that use the facilities ; and
(ii) if any passengers use the facilities -- the number of passengers that use the facilities; and
(iii) whether the issuing body operating the facilities has its own screening point; and
(iv) the measures and procedures in place to control access to the facilities.
(5) Within 30 days of receiving an application for an exemption from an issuing body, the Secretary must:
(a) decide whether to grant the issuing body an exemption from subregulation (1); and
(b) give the issuing body written notice of the decision and the reasons for the decision.
[65] Regulation 6.27B
omit
[66] Paragraph 6.28 (4A) (a)
omit
6.47 (2)
insert
6.47 (1)
[67] After subregulation 6.29 (2)
insert
(2A) The Secretary may request information about the person from the Secretary AGD.
(2B) If the Secretary has asked for more information under subregulation (2), and does not receive the information within 30 days of asking for it, the Secretary may close the application and subregulations (3) and (4) do not apply.
Note Closing an application is not a refusal to issue an ASIC.
(2C) The Secretary may, on
application in writing by an issuing body or the person, extend the time for
providing the information.
(2D) If an application was closed under subregulation (2B) and the Secretary extends the time in which the issuing body or person may provide the information, the application is not reopened until the Secretary receives the information.
[68] Paragraph 6.33 (4) (e)
omit
first name
insert
given name
[69] Regulation 6.34
omit
[70] Subregulations 6.37 (1) and (2), including the diagrams
substitute
(1) The form of a temporary red ASIC is as follows:
(2) The form of a
temporary grey ASIC is as follows: 
[71] Subregulation 6.37 (3)
omit
The parts
insert
Subject to subregulation (5A), the parts
[72] Paragraph 6.37 (3) (c)
omit
(that is, taken within 6 months before the issue of the ASIC)
[73] Paragraph 6.37 (3) (e)
omit
first name
insert
given name
[74] After subregulation 6.37 (5)
insert
(5A) If a temporary ASIC is issued for more than 24 hours at a designated airport, or more than 72 hours at an airport that is not a designated airport, the temporary ASIC must contain:
(a) the image of the holder as mentioned in paragraph (3) (c); and
(b) the given name and surname of the holder of the temporary ASIC as mentioned in paragraph (3) (e); and
(c) the expiry date of the temporary ASIC as mentioned in paragraph (3) (i).
(5B) However, the temporary ASIC does not need to contain the image, name and expiry date mentioned in subregulation (5A) if the holder is displaying a valid ASIC for a different airport.
[75] Subregulation 6.37 (6)
omit
(5)
insert
(5A)
[76] After regulation 6.37
insert
6.37A Holder of temporary ASIC to be supervised
(1) A person who holds a temporary ASIC must be supervised by an ASIC holder whenever the person is required to display an ASIC, if the temporary ASIC does not contain:
(a) the image of the holder as mentioned in paragraph 6.37 (3) (c); or
(b) the given name and surname of the holder of the ASIC as mentioned in paragraph 6.37 (3) (e); or
(c) the expiry date of the ASIC as mentioned in paragraph 6.37 (3) (i).
(2) However, the temporary ASIC holder does not need to be supervised if the holder is displaying a valid ASIC for a different airport.
Subdivision 6.5.2A Issue and form of TACs
6.37B Issue of temporary aircrew card
(1) An aircraft operator that conducts regular public transport operations may issue a temporary aircrew card to a person if:
(a) the person:
(i) is an ASIC holder who does not have his or her ASIC on his or her person; or
(ii) has applied to an issuing body for an ASIC; and
(b) the person is an employee or contractor of the aircraft operator; and
(c) the person requires access to more than one security controlled airport.
(2) A person commits an offence if:
(a) the person is an aircraft operator that conducts regular public transport operations; and
(b) the aircraft operator issues a TAC to a person; and
(c) the aircraft operator's TSP does not set out the process for how the aircraft operator may issue TACs.
Penalty: 50 penalty units.
(3) The aircraft operator must not issue a TAC that is valid for more than 7 days.
(4) A person commits an offence if:
(a) the person issues a TAC, a card resembling a TAC, or a card apparently intended to be taken to be a TAC; and
(b) the person is not an aircraft operator that conducts regular public transport operations.
Penalty: 50 penalty units.
(5) An offence under subregulation (4) is an offence of strict liability.
6.37C Holder of TAC to be supervised
If a person is issued a TAC, the person must be supervised by an ASIC holder whenever the person is required to display an ASIC.
6.37D Form of TAC
(1) The form of a TAC is as follows:
(2) Subject to subregulation ( 3 ), a TAC must comply with the following requirements:
(a) the dimensions of the TAC, and of each of its parts, must be as shown in the diagram in subregulation (1);
(b) where the diagram indicates a particular colour, type-face or type size, that colour, type-face or type size must be used;
(c) the image of the holder (if shown on the card) must be a recent photograph of the holder, showing the holder's full face and his or her head and shoulders;
(d) the given name and surname (if shown on the card) must be those that the holder normally uses;
(e) the number must be unique among TACs issued by that aircraft operator;
(f) the aircraft operator identifier must be the aircraft operator's company name, however the background to the identifier need not be any particular colour;
(g) the expiry date (if shown on the card) must be in the form day abbreviated month abbreviated year , where abbreviated month means the first 3 letters of the name of the month of expiry and abbreviated year means the last 2 digits of the number of the year of expiry.
(3) If the TAC is valid for more than 72 hours, the TAC must contain:
(a) the image of the TAC holder as mentioned in paragraph (2) (c); and
(b) the given name and surname of the TAC holder as mentioned in paragraph (2) (d); and
(c) the expiry date of the TAC as mentioned in paragraph (2) (g).
(4) A person commits an offence if:
(a) the person is an aircraft operator; and
(b) the person issues a TAC that does not comply with subregulations (1) to (3).
Penalty: 50 penalty units.
(5) An offence under subregulation (4) is an offence of strict liability.
(6) The discretionary information area at the bottom of a TAC may be used by the aircraft operator for its own purposes.
Subdivision 6.5.3 Issue and form of VICs
6.37E Who may issue a VIC
(1) A VIC issuer may issue a VIC.
(2) A person commits an offence if:
(a) the person issues a VIC, a card resembling a VIC, or a card apparently intended to be taken to be a VIC; and
(b) the person is not a VIC issuer.
Penalty: 50 penalty units.
(3) An offence under subregulation (2) is an offence of strict liability.
6.37F Approval of aircraft operators as VIC issuers
(1) An aircraft operator that operates a regular public transport operation from a passenger terminal may apply, in writing, to the Secretary for approval to issue VICs.
(2) The application must set out:
(a) the airport or airports for which the aircraft operator wants to issue VICs; and
(b) the reasons why the aircraft operator wants to be approved to issue VICs.
(3) The Secretary may ask the aircraft operator, or the operator of an airport for which the aircraft operator wants to issue VICs (the relevant airport operator ), for more information.
(4) When considering whether to give an aircraft operator approval to issue VICs, the Secretary must consider the following:
(a) the aircraft operator's reasons for wanting to be approved to issue VICs;
(b) the number of VICs that the aircraft operator expects to issue;
(c) the effect that the approval would have on aviation security at the relevant airports, and on the relevant airport operator or operators;
(d) the significance of the facilities operated by the aircraft operator, including:
(i) the size and number of aircraft that use the facilities ; and
(ii) the number of passengers that use the facilities; and
(iii) whether the aircraft operator operating the facilities has its own screening point; and
(iv) the measures and procedures in place to control access to the facilities;
(e) whether the aircraft operator intends to authorise agents to issue VICs on behalf of the aircraft operator;
(f) any other relevant information available to the Secretary.
(5) Within 30 days after receiving an application from an aircraft operator, the Secretary must give the aircraft operator written notice of:
(a) the Secretary's decision to approve, or refuse to approve, the aircraft operator as an issuer of VICs; and
(b) if the Secretary approves the application:
(i) the airports for which the aircraft operator may issue VICs; and
(ii) any conditions that the aircraft operator must comply with.
(6) If the Secretary does not make a decision about an application within 30 days after receiving the application, the Secretary is taken to have refused to approve the aircraft operator as an issuer of VICs.
(7) If the Secretary gives an aircraft operator approval to issue VICs, the Secretary must give the relevant airport operator or operators written notice of the approval.
6.37G Authorisation of agent of airport operator or Secretary-approved VIC issuer
(1) An airport operator or a Secretary-approved VIC issuer may authorise, in writing, one or more agents to issue VICs on its behalf only if the TSP of the airport operator or the Secretary-approved VIC issuer specifies that the airport operator or Secretary-approved VIC issuer may authorise agents to issue VICs on its behalf.
(2) An airport operator or Secretary-approved VIC issuer may only authorise an agent for subregulation (1) if the agent is an appropriate person to issue VICs.
(3) Without limiting subregulation (2), a person is an appropriate person to issue VICs if the following apply:
(a) the person:
(i) controls a secure area or part of a secure area; or
(ii) reasonably needs access to a secure area or part of a secure area; and
(b) the airport operator or Secretary-approved VIC issuer determines that the person is not likely to be a threat to aviation security; and
(c) VICs cannot more appropriately be issued by the airport operator or Secretary-approved VIC issuer.
(4) The airport operator or Secretary-approved VIC issuer must revoke the authorisation of an agent if paragraph (3) (a), (b) or (c) no longer applies to the person.
(5) An airport operator or Secretary-approved VIC issuer is responsible for the actions of its agents.
Example
If an agent issues a VIC to a person without confirming that person's identity under regulation 6.38C, the airport operator or Secretary-approved VIC issuer who authorised the agent commits an offence under subregulation 6.38C (3).
[77] Regulation 6.38, heading
substitute
6.38 Issue of VICs
[78] Subregulation 6.38 (1)
omit
An issuing body or its agent
insert
Subject to subregulation (1A), a VIC issuer
[79] After subregulation 6.38 (1)
insert
(1A) Customs and Border Protection may only issue a VIC to a person in the circumstances mentioned in subregulation (1) if the person is:
(a) a law enforcement officer; or
(b) an officer or employee of ASIO or the Australian Secret Intelligence Service; or
(c) an officer of the Commonwealth or of a State or Territory government.
[80] Subregulation 6.38 (2)
omit
[81] Subregulation 6.38 (3)
omit
(2) (c) (ii)
insert
6.26A (2) (b) (iii)
[82] Subregulation 6.38 (4)
omit
An issuing body or agent
insert
A VIC issuer
[83] Subregulation 6.38 (4), after the penalty
insert
Note An airport operator or Secretary-approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G (5).
[84] Before subregulation 6.38 (6)
insert
Persons to whom VIC cannot be issued
[85] Subregulation 6.38 (6)
omit
An issuing body or agent
insert
A VIC issuer
[86] Subregulation 6.38 (6), after the penalty
insert
Note An airport operator or Secretary-approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G (5).
[87] Subregulations 6.38 (7) to (9)
substitute
(7) A person commits an offence if:
(a) the person applies for a VIC; and
(b) the person declares that he or she has not:
(i) been refused an ASIC; or
(ii) had an ASIC suspended or cancelled because he or she had an adverse criminal record; and
(c) the person knows that the declaration is not true.
Penalty: 20 penalty units.
[88] After regulation 6.38
insert
6.38A Statement of reasons for entry to secure area
(1) For paragraph 6.38 (1) (a), a person must give the VIC issuer a written statement of the reasons why the person needs to enter the secure area.
(2) An ASIC holder must give the VIC issuer written confirmation of the person's reasons why the person needs to enter the secure area.
(3) A person commits an offence if:
(a) the person gives a VIC issuer a written statement of the reasons why the person needs to enter a secure area; and
(b) the person knows that the statement is false or misleading.
Penalty: 10 penalty units.
(4) A person commits an offence if:
(a) the person is an ASIC holder; and
(b) the ASIC holder gives a VIC issuer written confirmation of the reasons why another person needs to enter a secure area; and
(c) the ASIC holder knows that the confirmation is false or misleading.
Penalty: 10 penalty units.
(5) A VIC issuer may approve, or refuse to approve, a reason for why a person needs to enter a secure area.
(6) A person commits an offence if:
(a) the person is a VIC holder; and
(b) the person:
(i) enters a secure area other than for an approved reason; or
(ii) engages in conduct that is inconsistent with the approved reasons for entry.
Penalty: 10 penalty units.
6.38B Changed reasons for entry
(1) This regulation applies if:
(a) a person gives a VIC issuer a statement of the reasons why the person needs to enter a secure area; and
(b) the person is issued a VIC; and
(c) the reasons why the person needs to enter or be in the secure area change.
(2) The person must give the VIC issuer a written statement of the changed reasons.
(3) If the person gives the VIC issuer a written statement of the changed reasons, the VIC issuer may approve, or refuse to approve, the changed reasons for entry.
Note A person commits an offence under subregulation 6.38A (6) if the person enters a secure area other than for an approved reason, or engages in conduct that is inconsistent with the approved reasons for entry.
6.38C Proof of identity
(1) A VIC issuer must not issue a VIC to a person unless the person confirms his or her identity:
(a) by showing the VIC issuer an identification document that:
(i) has a recent photograph of the person; and
(ii) is a primary identification document or secondary identification document; or
(b) by:
(i) showing the VIC issuer 2 forms of identification mentioned in subregulation (2), at least 1 of which has a signature of the person; and
(ii) verifying the signature by replicating it; or
(c) in the manner specified by the Secretary in an instrument made for this paragraph.
(2) For subparagraph (1) (b) (i), the forms of identification must be:
(a) a document issued by a government agency, such as a Medicare card; or
(b) a document issued by a financial institution, such as a credit card; or
(c) a primary, secondary or tertiary identification document.
(3) However, the person does not need to confirm his or her identity if:
(a) the person is a person mentioned in paragraph 4.12 (1) (a), (b) or (c); or
(b) the person is younger than 18; or
(c) the VIC issuer determines that there are exceptional circumstances.
Example for paragraph (c)
There is a plumbing or electrical emergency and the person who is to fix the problem has forgotten to bring his or her identification documents.
(4) A person commits an offence if:
(a) the person is a VIC issuer; and
(b) the VIC issuer (or its agent) issues a VIC to a person (the VIC holder ); and
(c) at the time of issue, the VIC holder does not confirm his or her identity in accordance with subregulation (1); and
(d) the VIC holder is not exempt from confirming his or her identity under subregulation (3).
Penalty: 50 penalty units.
Note An airport operator or Secretary-approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G (5).
(5) If a VIC issuer issues a VIC to a person and the person did not confirm his or her identity at the time of issue because the VIC issuer determined that there were exceptional circumstances, the VIC issuer must:
(a) record, in writing, the circumstances under which the VIC was issued; and
(b) maintain the record for 24 months; and
(c) allow an aviation security inspector to inspect the record on request during normal business hours.
(6) In this regulation:
"primary identification document" has the meaning given by subregulation 6.04 (2).
"secondary identification document" has the meaning given by subregulation 6.04 (3).
"tertiary identification document" has the meaning given by subregulations 6.04 (5) and (6).
6.38D Particulars of VICs
Conditions
(1) A VIC issuer may issue a VIC subject to a condition.
(2) The VIC issuer must notify the VIC holder of the condition in writing or orally.
VIC only valid in specific airport
(3) A person commits an offence if:
(a) the person is an airport operator; and
(b) the airport operator (or its agent) issues a VIC:
(i) that is valid in more than one airport in Australia; or
(ii) for an airport that is not operated by the airport operator.
Penalty: 50 penalty units.
Note An airport operator is responsible for the actions of its agents under subregulation 6.37G (5).
(4) A person commits an offence if:
(a) the person is a Secretary-approved VIC issuer; and
(b) the Secretary-approved VIC issuer (or its agent) issues a VIC:
(i) that is valid in more than 1 airport in Australia; or
(ii) that is valid in an airport for which the person is not approved to issue VICs.
Penalty: 50 penalty units.
Note A Secretary-approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G (5).
Period of validity of VIC
(5) Subject to subregulation (6), a VIC issuer must not issue a VIC that is valid for more than 28 days.
(6) Customs and Border Protection must not issue a VIC:
(a) that is valid for more than 24 hours; or
(b) that is valid in more than 1 airport.
6.38E The 28 day rule -- VICs issued for particular airport
(1) This regulation does not apply to Customs and Border Protection.
(2) A person commits an offence if:
(a) the person is a VIC issuer; and
(b) the VIC issuer (or its agent) issues a VIC for a particular airport to a person; and
(c) the person to whom the VIC is issued has held a VIC for that airport for a total of 28 or more days in the previous 12 months.
Penalty: 50 penalty units.
Note An airport operator or Secretary-approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G (5).
(3) If a person has held a VIC for a particular airport for less than a total of 28 days in the previous 12 months, a VIC issuer may issue a VIC for that airport to the person only if the period for which the VIC will be valid will not result in the person holding a VIC for that airport for more than a total of 28 days in a 12 month period.
Note For exceptions to subregulations (2) and (3), see regulations 6.38G to 6.38I.
(4) A person commits an offence if the person:
(a) applies for a VIC for a particular airport; and
(b) the person knows that he or she has held a VIC for that airport for a total of 28 or more days in the previous 12 months.
Penalty: 20 penalty units.
(5) For this regulation, the following must be disregarded when working out how many days a person has held a VIC:
(a) a VIC issued by Customs and Border Protection;
(b) a VIC issued before 21 November 2011;
(c) a VIC issued relying on regulation 6.38G, 6.38H or 6.38I;
(d) a VIC issued relying on an exemption under regulation 6.38F.
6.38EA The 28 day rule -- additional rules for Secretary-approved VIC issuers
(1) A person commits an offence if:
(a) the person is a Secretary-approved VIC issuer who is approved to issue VICs in more than one airport; and
(b) the Secretary-approved VIC issuer (or its agent) issues a VIC to a person; and
(c) the person to whom the VIC is issued has held a VIC, issued by or on behalf of the Secretary-approved VIC issuer, for any of those airports for a combined total of 28 or more days in the previous 12 months.
Penalty: 50 penalty units.
Example
If a Secretary-approved VIC issuer has, in the previous 12 months, issued a
VIC to a person for an airport for a total of 18 days, and issued a VIC to the
person for another airport for a total of 10 days, the issuer has issued
a VIC to the person for any of the airports for a combined total of 28 days in
the previous 12 months.
Note An airport operator or Secretary-approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G (5).
(2) A person commits an offence if the person:
(a) applies to a Secretary-approved VIC issuer for a VIC; and
(b) the person knows that he or she has held a VIC, issued by or on behalf of the Secretary-approved VIC issuer, for a total of 28 or more days in the previous 12 months.
Penalty: 20 penalty units.
(3) Subregulation (4) applies if:
(a) a Secretary-approved VIC issuer (or its agent) issues VICs for a particular airport during a particular month; and
(b) any of the VICs were issued to a person who, by the last day of the month, had held a VIC for the airport for a total of 20 or more days in the previous 12 months; and
(c) screened air services are operated from the airport.
(4) The Secretary-approved VIC issuer must give to the operator of the airport, by the seventh day of the following month, the following details in relation to each VIC mentioned in paragraph (3) (b):
(a) the name, date of birth and address of the person to whom the VIC was issued; and
(b) the date the VIC was issued; and
(c) how many days the VIC is valid for.
(5) A Secretary-approved VIC issuer must comply with the Information Privacy Principles set out in section 14 of the Privacy Act 1988 in relation to information about VICs or VIC holders.
(6) For this regulation, a VIC issued before 21 November 2011 must be disregarded when working out how many days a person has held a VIC.
6.38EB The 28 day rule -- additional rule for Customs and Border Protection
(1) Customs and Border Protection must not issue a VIC to a person if the person has held a VIC, issued by Customs and Border Protection, for a total of 28 or more days in the previous 12 months.
(2) A person commits an offence if the person:
(a) applies to Customs and Border Protection for a VIC; and
(b) the person knows that he or she has held a VIC, issued by Customs and Border Protection, for a total of 28 or more days in the previous 12 months.
Penalty: 20 penalty units.
(3) For this regulation, a VIC issued before 21 November 2011 must be disregarded when working out how many days a person has held a VIC issued by Customs and Border Protection.
6.38F Temporary exemption from 28 day rule
(1) The Secretary may exempt, in writing, a VIC issuer, a class of VIC issuers, or all VIC issuers from subregulations 6.38E (2) and (3) and 6.38EA (1) for a period specified in the exemption.
(2) An exemption may be subject to conditions.
(3) A VIC issuer
to whom the exemption applies must comply with any conditions specified by the
Secretary in the exemption.
(4) A VIC issuer may apply, in writing, to the Secretary for an exemption under subregulation (1).
6.38G VIC issued to applicant for ASIC
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.
6.38H VIC issued to ASIC holder
(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 is an ASIC holder and does not have the ASIC on his or her person;
(ii) the VIC issuer independently confirms that the person holds a valid ASIC; or
(b) both of the following apply:
(i) the person is an ASIC holder 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.
6.38I VIC issued to person in exceptional circumstances
(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 the VIC issuer is satisfied on reasonable grounds that there are exceptional circumstances to justify the issue of the VIC.
Example
There is a plumbing or electrical emergency and the person requires a VIC to access areas to fix the problem.
(2) If a VIC issuer issues a VIC in the circumstances mentioned in subregulation (1), the VIC issuer must:
(a) record, in writing, the circumstances under which the VIC was issued; and
(b) maintain the record for 24 months; and
(c) allow an aviation security inspector to inspect the record on request during normal business hours.
[89] Subregulation 6.39 (1), including the diagram
substitute
(1) Unless the
Secretary approves otherwise, the form of a VIC is as follows:
[90] Subregulation 6.39 (2)
omit
Unless
insert
Subject to subregulation (4A), and unless
[91] Paragraph 6.39 (2) (c)
omit
(that is, taken within 6 months before the issue of the VIC)
[92] Paragraph 6.39 (2) (d)
omit
first name
insert
given name
[93] Paragraph 6.39 (2) (e)
omit
issuing body
insert
VIC issuer
[94] Paragraph 6.39 (2) (f)
omit
if the VIC is airport specific --
[95] Paragraphs 6.39 (2) (g) and (h)
substitute
(g) the VIC issuer identifier must be:
(i) if the VIC is issued by an airport operator or its agent:
(A) the airport operator's logo; or
(B) the ICAO 4-letter code, the ICAO 3-letter code or the IATA 3-letter code for the airport; or
(ii) if the VIC is issued by a Secretary-approved VIC issuer or its agent -- the aircraft operator's company or trading name; or
(iii) if the VIC is issued by Customs and Border Protection -- the word 'Customs';
however, the background to the identifier may be any colour;
[96] Paragraph 6.39 (2) (i)
after
form
insert
day
[97] After subregulation 6.39 (4)
insert
(4A) If a VIC is valid for more than 24 hours at a designated airport, or more than 72 hours at an airport that is not a designated airport, the VIC must contain:
(a) the image of the VIC holder as mentioned in paragraph (2) (c); and
(b) the given name and surname of the VIC holder as mentioned in paragraph (2) (d); and
(c) the expiry date of the VIC as mentioned in paragraph (2) (i).
[98] Subregulation 6.39 (5)
omit
an issuing body or issuing body's agent
insert
a VIC issuer
[99] Subregulation 6.39 (5)
omit
(4)
insert
(4A)
[100] Subregulation 6.39 (5), after the penalty
insert
Note An airport operator or Secretary-approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G (5).
[101] Subregulation 6.39 (7)
omit
issuing body or agent
insert
VIC issuer
[102] Subregulations 6.39A (1) and (2)
substitute
VICs issued by Customs and Border Protection
(1) Customs and Border Protection 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.
[103] Subregulation 6.39A (3)
omit
the issuing body
insert
Customs and Border Protection
[104] Paragraphs 6.39A (4) (b) and (c)
substitute
(b) must notify Customs and Border Protection in writing of the decision and, if the decision is a refusal, the reasons for the decision.
[105] Subregulation 6.39A (4), note
omit
[106] Subregulation 6.39A (7)
omit
the issuing body
insert
Customs and Border Protection
[107] Subregulation 6.39A (8)
substitute
VICs issued by airport operators and aircraft operators
(7A) A VIC issuer (other than Customs and Border Protection) 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.
Penalty: 50 penalty units.
Note An airport operator or Secretary-approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G (5).
[108] After subregulation 6.39A (9)
insert
(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.
Penalty: 50 penalty units.
Note An airport operator or Secretary-approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G (5).
[109] After regulation 6.39A
insert
Subdivision 6.5.3A Obligations of VIC issuer, ASIC holder and issuing body
[110] Regulation 6.40
substitute
6.40 Obligations of VIC issuer
(1) If a VIC issuer issues a VIC to a person, the VIC issuer must ensure that the VIC holder is aware of the VIC holder's responsibilities under these Regulations.
Examples
1 The responsibility under regulation 6.45 to return the VIC.
2 The responsibility under regulation 3.09 to leave a secure area if the VIC holder is no longer supervised by an ASIC holder.
3 The responsibility under regulation 6.38E to comply with the 28 day rule.
(2) A VIC issuer must ensure that the following are kept secure at all times:
(a) unissued VICs;
(b) software and systems used for producing VICs.
(3) A VIC issuer must ensure that:
(a) all areas used for producing VICs are not accessible by the general public; and
(b) access to all areas used for producing VICs is controlled by access control systems or persons employed to issue VICs.
(4) If a VIC issuer needs to use, transport, store or destroy information about VICs or VIC holders, the information must be used, transported, stored or destroyed securely .
(5) A VIC issuer must comply with the Information Privacy Principles set out in section 14 of the Privacy Act 1988 in relation to information about VICs or VIC holders.
[111] Paragraph 6.41 (1) (e)
second mention of
(ii)
substitute
(iii)
[112] Subdivision 6.5.4, heading
substitute
Subdivision 6.5.4 Suspension of ASICs
[113] Before regulation 6.43
insert
Subdivision 6.5.5 Cancellation and other matters concerning ASICs, VICs and TACs
6.42F Definition
In this Subdivision:
"issuer" means the following:
(a) for an ASIC -- the issuing body that issued the ASIC;
(b) for a VIC issued by an airport operator or its agent -- the airport operator;
(c) for a VIC issued by a Secretary-approved VIC issuer or its agent -- the Secretary-approved VIC issuer;
(d) for a VIC issued by Customs and Border Protection -- Customs and Border Protection;
(e) for a TAC -- the aircraft operator that issued the TAC.
[114] Regulation 6.43, heading
substitute
6.43 Cancellation of ASICs
[115] Subregulation 6.43 (1)
omit
[116] Subregulation 6.43 (2)
omit each mention of
or VIC
[117] Paragraph 6.43 (2) (d)
before
the issuing body
insert
subject to subregulation (2A),
[118] Subregulation 6.43 (2), note
omit
[119] After subregulation 6.43 (2)
insert
(2A) For paragraph (2) (d), an issuing body must not cancel an ASIC that was:
(a) issued with the Secretary's approval under regulation 6.29; or
(b) reinstated under regulation 6.43C;
if the notice that the holder has an adverse criminal record relates to an application for a new ASIC.
[120] Subregulations 6.43 (3B) and (3C)
omit
[121] Subregulation 6.43 (4)
omit each mention of
or VIC
[122] Paragraph 6.43 (5) (b)
omit
or VIC
[123] Subregulation 6.43 (6)
omit
or VIC
[124] Subregulation 6.43 (6)
omit
(3B),
[125] Paragraph 6.43 (6) (b)
omit
if the card is an ASIC --
[126] After subregulation 6.43A (5)
insert
(6) If the Secretary receives an application under subregulation (2), the Secretary may request information about the former holder of the ASIC from the Secretary AGD.
(7) If the Secretary has asked for more information under subregulation (5), and does not receive the information within 30 days of asking for it, the Secretary may close the application and regulations 6.43B and 6.43C do not apply.
Note Closing an application is not a refusal to issue an ASIC.
(8) The Secretary may, on application in writing by the former holder of the ASIC or the issuing body, extend the time for providing the information.
(9) If an application was closed under subregulation (7) and the Secretary extends the time in which the former holder of the ASIC or the issuing body may provide the information, the application is not reopened until the Secretary receives the information.
[127] After regulation 6.43E
insert
6.43F Cancellation of VICs and TACs
(1) An issuer must immediately cancel a VIC or TAC issued by the issuer (or its agent) if the issuer finds out that:
(a) the VIC or TAC was not issued in accordance with this Division; or
(b) if the issuer is an airport operator or a Secretary-approved VIC issuer -- the VIC or TAC was not issued in accordance with the TSP of the issuer; or
(c) the VIC or TAC holder has, at any time, had an ASIC cancelled under paragraph 6.43 (2) (b), (c), (d) or (db).
(2) However, paragraph (1) (c) does not apply if the cancellation was set aside and the ASIC reinstated.
(3) An issuer must cancel a VIC or TAC issued by the issuer (or its agent) if:
(a) the holder of the VIC or TAC also holds an ASIC; and
(b) the issuer finds out that the Secretary has directed the issuing body that issued the ASIC to suspend the ASIC under regulation 6.42A.
(4) An issuer commits an offence if the issuer is required to cancel a VIC or TAC under subregulation (1) or (3) and fails to do so.
Penalty: 100 penalty units.
(5) An issuer may cancel a VIC or TAC issued by the issuer (or its agent) if:
(a) the holder of the VIC or TAC contravenes Subdivision 3.2.1; or
(b) if the card is a VIC -- the holder of the VIC contravenes a condition of the VIC; or
(c) the VIC or TAC is altered or defaced (permanently or temporarily).
(6) For paragraphs (5) (a) and (b), the issuer must consider:
(a) the kind and seriousness of each contravention; and
(b) whether the holder of the VIC or TAC has previously contravened Subdivision 3.2.1 or a condition of any ASIC or VIC the person has held.
(7) As soon as practicable after an issuer cancels a VIC or TAC under this regulation, the issuer must tell the holder of the VIC or TAC that the VIC or TAC has been cancelled and the reasons for the cancellation.
Penalty: 10 penalty units.
Note Section 27A of the Administrative Appeals Tribunal Act 1975 requires a person who makes a reviewable decision to give a person whose interests are affected by the decision notice of the making of the decision and of the person's right to have the decision reviewed.
(8) A cancellation under this regulation takes effect when the holder is notified of the cancellation.
[128] Subregulations 6.44 to 6.47
substitute
6.44 Report of cancellation of ASICs, VICs and TACs in certain cases
(1) If an issuer cancels:
(a) an ASIC in the circumstances mentioned in paragraph 6.43 (2) (c) or (d); or
(b) a VIC or TAC because the issuer finds out the holder has had an ASIC cancelled in the circumstances mentioned in paragraph 6.43 (2) (c) or (d);
the issuer must, within 7 days of the cancellation, give the Secretary a written report that sets out the holder's name, address and date of birth, and the reasons for the cancellation.
(2) The Secretary may pass the information on to other issuers if the Secretary thinks that doing so will help to prevent unlawful interference with aviation.
6.44A Notifying airport operator of suspended or cancelled ASIC
If an ASIC is suspended or cancelled by an issuing body that is not the airport operator of the airport where the ASIC was valid, the Secretary may notify the airport operator, or the employer of the former ASIC holder, of the suspension or cancellation.
6.45 Return of ASICs, VICs and TACs that have expired etc
(1) A person commits an offence if:
(a) the person is the holder of an 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) Customs and Border Protection issued the VIC;
(ii) the Secretary has notified Customs and Border Protection, in writing, that, in particular circumstances, a VIC does not need to be returned to Customs and Border Protection 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.
6.46 Notification of lost, stolen or destroyed ASICs, VICs and TACs
(1) A person commits an offence if:
(a) the person is the holder of an ASIC, VIC or TAC; and
(b) the ASIC, VIC or TAC has been lost, stolen or destroyed; and
(c) the holder of the ASIC, VIC or TAC knows about the loss, theft or destruction; and
(d) the holder does not make a report, in the form of a statutory declaration, of the loss to the issuer of the ASIC, VIC or TAC within 7 days of becoming aware of the loss, theft or destruction.
Penalty: 10 penalty units.
(2) Strict liability applies to paragraph (1) (d).
(3) Subregulation (1) does not apply if the ASIC, VIC or TAC has been destroyed by the issuer that issued it.
6.47 Cancellation of ASICs, VICs or TACs at holder's request
(1) An issuer must cancel an ASIC, a VIC or a TAC it issued if the holder of the ASIC, VIC or TAC asks the issuer to cancel it.
(2) A cancellation under subregulation (1) takes effect when the ASIC, VIC or TAC is returned to the issuer.
[129] Regulation 6.49, heading
substitute
6.49 Minister may recall ASICs, VICs and TACs
[130] Subregulation 6.49 (1)
omit each mention of
ASICs or VICs
insert
ASICs, VICs or TACs
[131] Subregulation 6.49 (2)
omit
ASICs or VICs may be defined by reference to the issuing body
insert
ASICs, VICs or TACs may be defined by reference to the issuer
[132] After regulation 6.49
insert
6.50 Sample ASICs, VICs and TACs for training purposes
(1) An issuer may issue a sample ASIC, VIC or TAC bearing the name and image of a fictitious person, or otherwise not conforming to the design of a genuine ASIC, VIC or TAC, for use in training.
(2) A sample ASIC, VIC or TAC must be clearly marked to distinguish it from a genuine ASIC, VIC or TAC.
(3) Subject to subregulation (2), the form and content of a sample ASIC, VIC or TAC may be decided by the issuer.
[133] Division 6.6, heading
substitute
Division 6.6 Powers of security officers in relation to ASICs, VICs and TACs
[134] Regulation 6.53, heading
substitute
6.53 Directions to show valid ASICs, VICs and TACs
[135] Subregulation 6.53 (1), definition of exempt person
omit
ASIC or valid VIC
insert
ASIC, valid VIC or valid TAC
[136] Subregulation 6.53 (2)
omit each mention of
ASIC or valid VIC
insert
ASIC, valid VIC or valid TAC
[137] Paragraph 8.02 (1) (g)
omit
authorisation.
insert
authorisation; or
[138] After paragraph 8.02 (1) (g)
insert
(h) to refuse to revoke an issuing body's authorisation.
[139] Paragraph 8.02 (3) (h)
omit
6.43D.
insert
6.43D; or
[140] After paragraph 8.02 (3) (h)
insert
(i) to grant, or to refuse to grant, an issuing body an exemption from needing the relevant airport operator's approval to issue an airport-specific ASIC to a person for an airport, under regulation 6.27A.
[141] After regulation 8.05
insert
8.06 Review of decisions in relation to VIC issuers
Application may be made under the AAT Act to the Tribunal for review of a decision by the Secretary not to approve an aircraft operator as a VIC issuer.
[142] Further amendments -- VICs
|
Provision |
omit |
|
Paragraphs 6.06 (a) and (b) |
and VICs |
|
Paragraph 6.06 (b) |
or VICs |
|
Paragraph 6.06 (d) |
and VICs |
|
Paragraph 6.06 (e) |
or VICs |
|
Paragraph 6.06 (f) |
and VICs |
|
Paragraph 6.06 (g) |
or VICs |
|
Paragraphs 6.06 (h) and (i) |
and VICs |
|
Paragraphs 6.16 (5) (c) and (6) (a) |
and VICs |
|
Paragraphs 6.19 (2) (a) and (c) |
and VICs |