Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p45
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 45/105)
Character Range: 504432–507046

subject to a condition, but must notify the issuing body and the person in writing what the condition is.

Applicant who does not have an operational need
 (7) If the Secretary approves the issue of an ASIC to a person who does not have an operational need for the ASIC, the ASIC must not be issued until the person has an operational need for the ASIC.

6.29A  AusCheck facility to be used when issuing an ASIC
  An issuing body issuing an ASIC under regulation 6.28, 6.29 or 6.35 must use the AusCheck facility.
Penalty: 10 penalty units.

6.30  Report to Secretary of refusal to issue ASICs in certain cases
 (1) If an issuing body refuses to issue an ASIC to an applicant because the applicant fails to satisfy any of the criteria in paragraph 6.28(1)(c) or (f), the issuing body must, within 7 days of the decision, give the Secretary a written report that sets out:
 (a) the applicant's name, address and date of birth; and
 (b) the reasons for the refusal.
 (2) The Secretary may pass the information on to other issuing bodies or to CASA if he or she thinks that doing so will help to prevent unlawful interference with aviation.

6.31  Persons the subject of qualified security assessments
 (1) This regulation applies if a security assessment of a person is a qualified security assessment.
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.
 (2) If the Secretary is satisfied that the holding of an ASIC by the person would not constitute a threat to aviation security, the Secretary must give the issuing body a written notice stating that an ASIC may be issued because the person is not a threat to aviation security.
 (3) If the Secretary is satisfied that the holding of an ASIC by the person would constitute a threat to aviation security the Secretary must give the issuing body a written direction not to issue the ASIC to the person.
 (4) The Secretary must give the person a notice stating that the Secretary has given the issuing body a notice under subregulation (2) or a direction under subregulation (3).
 (5) An issuing body must not issue an ASIC to a person in contravention of a direction under subregulation (3).
Penalty: 20 penalty units.

6.31A  Provision of information to Secretary AGD
  If the Secretary makes a decision under regulation 6.29 or 6.31, the Secretary must tell the Secretary AGD about the decision.

6.32  ASICs—period of issue and expiry
 (1) Unless earlier cancelled, an ASIC expires at the end of the last day