Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p124
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 124/133)
Character Range: 372640–375326

that is taken to have been made because of subregulation (7).

4.51FD  Secretary may direct AACAs to vary security programs
 (1) If:
 (a) an AACA security program is in force for an AACA; and
 (b) the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation;
the Secretary may, by written notice given to the AACA, direct the AACA to vary the security program.
Note: The Secretary may also vary the security program himself or herself, or the AACA may request the Secretary to vary the security program—see regulations 4.51FB and 4.51FE.
 (2) In the notice, the Secretary must:
 (a) set out the variation; and
 (b) specify the period within which the AACA must give the Secretary the security program as varied.
 (3) If the AACA gives the Secretary the security program:
 (a) varied in accordance with the direction; and
 (b) within the specified period, or within any further period allowed by the Secretary;
the Secretary must, by written notice given to the AACA, approve the variation. The variation comes into force when the notice is given.
Note 1: As the security program is not replaced, the variation does not affect the period for which the security program is in force. Regulation 4.51FA deals with the period for which an AACA security program is in force.
Note 2: If the AACA does not vary the security program in accordance with the notice the AACA's accreditation as an AACA may be revoked—see regulation 4.51DB.

4.51FE  AACA may request Secretary to vary AACA security program
 (1) An AACA may request the Secretary to vary the AACA security program for the AACA.
 (2) The request must:
 (a) be in writing; and
 (b) provide details of the proposed variation; and
 (c) include reasons why the proposed variation is being requested.

4.51FF  Consideration of request to vary AACA security program
 (1) The Secretary may, in relation to a request made by an AACA, under subregulation 4.51FE(1), to vary the AACA security program for the AACA:
 (a) approve the request; or
 (b) refuse the request.

Matters to be taken into account
 (2) In making a decision on the request, the Secretary must take into account the following:
 (a) existing circumstances as they relate to aviation security;
 (b) the current use of the AACA security program (if any) by a business of the kind carried on by the AACA;
 (c) the efficient administration of the AACA scheme;
 (d) any other matter the Secretary considers relevant.

Notice of decision
 (3) The Secretary must:
 (a) notify the AACA, in writing, of the decision; and
 (b) do so within 14 days of making the decision.
 (4) If the