Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Section 4 (paragraphs (d) and (e) of the note to the heading)
Repeal the paragraphs, substitute:
(d) Secretary.
Insert:
"Transport Secretary " means the Secretary of the Department administered by the Minister who administers the Aviation Transport Security Act 2004 .
3 Subsection 13(6)
Repeal the subsection.
4 Subsections 14(2) and (4)
Repeal the subsections, substitute:
Advice relating to criminal history
(2) If the individual has an unfavourable criminal history, the Secretary must advise the issuing body for the ASIC or MSIC.
5 Subsection 14(5)
Omit "Transport Secretary", substitute "issuing body for the ASIC or MSIC".
6 Paragraph 15A(b)
Omit "individual, an issuing body, or the Transport Secretary,", substitute "individual or an issuing body".
7 Section 16 (heading)
Repeal the heading, substitute:
16 Advice about background check etc. in certain circumstances
8 Paragraph 16(1)(c)
Omit "the Transport Secretary informs the Secretary that".
9 Subsection 16(2)
Omit "The Secretary must give the Transport Secretary", substitute "AusCheck must give the Secretary".
10 Paragraph 16A(1A)(a)
Omit "and gives advice of the cancellation under section 15A".
11 Paragraph 18(a)
Omit "the Transport Secretary tells the Secretary", substitute "the Secretary decides".
12 Section 18 (note)
Repeal the note, substitute:
Note: For decisions that an issuing body is to be an issuing body for transferred ASIC applications or transferred ASICs, see regulation 6.22 of the ATS Regulations. For decisions that an issuing body is to be an issuing body for transferred MSIC applications or transferred MSICs, see regulation 6.07ZA of the MTOFS Regulations.
13 Section 28
Omit "the Transport Secretary tells the Secretary", substitute "the Secretary decides".
14 Section 28 (note)
Repeal the note, substitute:
Note: For decisions that an issuing body is to be an issuing body for transferred ASIC applications or transferred ASICs, see regulation 6.22 of the ATS Regulations. For decisions that an issuing body is to be an issuing body for transferred MSIC applications or transferred MSICs, see regulation 6.07ZA of the MTOFS Regulations.
15 Section 33
Repeal the section.
16 In the appropriate position in Part 5
Insert:
Division 6 -- Transport Security Legislation Amendment (Serious Crime) Regulations 2022
40 Application provision--amendments made by Schedule 1
(1) The amendments of sections 13, 14, 15A and 16A made by Schedule 1 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 apply in relation to any background check for which an application is made after the commencement of that Schedule.
(2) The amendments of section 16 made by Schedule 1 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 apply in relation to any application in relation to an individual made under subregulation 6.29(1) or 6.43A(2) of the ATS Regulations or subregulation 6.08F(1) or 6.08MA(2) of the MTOFS Regulations after commencement of that Schedule, whether the background check of the individual was undertaken before or after that commencement.
(3) The amendments of sections 18 and 28 made by Schedule 1 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 apply in relation to any decision that an issuing body is to be the issuing body for transferred ASIC applications or transferred ASICs, or transferred MSIC applications or transferred MSICs, made after the commencement of that Schedule.
Aviation Transport Security Regulations 2005
17 Subregulation 6.22(3)
Repeal the subregulation.
18 Subregulation 6.22A(3)
Repeal the subregulation.
19 Part 8 (heading)
Omit " Review ", substitute " Reconsideration and review ".
20 After regulation 8.01
Insert:
8.01A Reconsideration of decisions in relation to ASICs and related matters--decisions of Secretary
Decisions in relation to issuing bodies
(1) Application may be made to the Secretary for reconsideration of a decision of the Secretary:
(a) to refuse to exempt an issuing body from giving effect to its ASIC program in a particular case or respect; or
(b) to impose a condition on an exemption; or
(c) to direct an issuing body to vary its ASIC program; or
(d) to refuse to approve a variation of an issuing body's ASIC program; or
(e) to revoke an issuing body's authorisation; or
(f) to refuse to revoke an issuing body's authorisation.
Decisions in relation to issue, suspension and cancellation of ASICs
(2) Application may be made to the Secretary for reconsideration of a decision of the Secretary:
(a) 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; or
(b) to refuse to approve the issuing of an ASIC; or
(c) to approve the issuing of an ASIC subject to a condition; or
(d) to give the issuing body for an ASIC a direction under subregulation 6.31(3); or
(e) to direct the suspension of an ASIC; or
(f) to refuse to set aside the cancellation of an ASIC under regulation 6.43B or 6.43C; or
(g) to set aside the cancellation of an ASIC subject to a condition under regulation 6.43D.
Decisions in relation to wearing and use of ASICs
(3) Application may be made to the Secretary for reconsideration of a decision of the Secretary:
(a) to refuse to exempt somebody from displaying a valid ASIC in a secure area, or part of such an area; or
(b) to impose a condition on such an exemption.
8.01B If Secretary makes no decision
If a person applies to the Secretary under regulation 8.01A for reconsideration of a decision and, 30 days after making the application, the Secretary has not notified the Secretary's decision about the application to the applicant, the Secretary is taken to have refused to vary the original decision.
21 Subregulation 8.02(1)
Repeal the subregulation, substitute:
Reconsideration decisions
(1) Applications may be made to the Tribunal for review of decisions of the Secretary under regulation 8.01A or 8.01B.
22 Subregulations 8.02(3) and (4)
Repeal the subregulations.
23 In the appropriate position in Part 10
Insert:
10.52 Application of amendments made by Schedule 1
Despite the amendments made by Schedule 1 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 , Part 8 continues to apply, in relation to any decision mentioned in regulation 8.02 (as in force immediately before the commencement of that Schedule) made before that commencement, as if those amendments had not been made.
Maritime Transport and Offshore Facilities Security Regulations 2003
24 Subregulation 6.07ZA(3)
Repeal the subregulation.
25 Subregulation 6.07ZB(3)
Repeal the subregulation.
26 Subregulations 6.08X(3A) and (6)
Repeal the subregulations.
27 Regulation 6.08Z
Repeal the regulation, substitute:
6.08Z AAT review of Secretary's decisions
Review of reconsideration decisions
(1) Applications may be made to the Tribunal for review of decisions of the Secretary under regulation 6.08X or 6.08Y.
Decisions relating to alternative identification requirements
(2) Applications may be made to the Tribunal for review of decisions of the Secretary under paragraph 6.08BC(5)(a) to refuse to approve alternative identification requirements for a person.
28 In the appropriate position in Schedule 2
Insert:
120 Application of amendments made by Schedule 1
Despite the amendments made by Schedule 1 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 , Subdivision 6.1A.7 continues to apply, in relation to any decision mentioned in regulation 6.08X or 6.08Z (as in force immediately before the commencement of that Schedule) made before that commencement, as if those amendments had not been made.