Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p102
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 102/133)
Character Range: 317984–320730

consignor;
 (d) the efficient administration of the known consignor scheme;
 (e) any other matter the Secretary considers relevant.

Notice of decision
 (3) The Secretary must:
 (a) notify the known consignor, in writing, of the decision; and
 (b) do so within 14 days of making the decision.
 (4) If the decision is to refuse the request, the notice must include the reasons for the decision.

Approved requests
 (5) If the Secretary approves the request, the Secretary must:
 (a) incorporate the variation into the security program; and
 (b) provide the varied security program to the known consignor with the notice under subregulation (3); and
 (c) specify in the notice the day on which the varied security program comes into force (which must not be earlier than the day of the notice).
Note: The variation does not affect the period for which the security program is in force—see regulation 4.41ZA.

Deemed refusal of request
 (6) If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made, the Secretary is taken to have refused the request at the end of the 90 day period.
 (7) Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (6).

4.41ZG  Offence—failure to comply with known consignor security program
  A known consignor commits an offence of strict liability if:
 (a) there is a known consignor security program in force for the known consignor; and
 (b) the known consignor fails to comply with the security program.
Penalty: 100 penalty units.

4.41ZH  Offence—disclosing known consignor security program information without consent
  A person commits an offence if:
 (a) the person discloses information; and
 (b) the information is about the content of a known consignor security program for a known consignor; and
 (c) the person does not have the consent of the known consignor to disclose the information.
Penalty: 50 penalty units.

Subdivision 4.1A.2—Designating regulated air cargo agents

4.42  Regulated air cargo agents
  For the purposes of paragraph 44C(2)(i) of the Act, a person is a RACA if the person:
 (a) carries on a business that includes:
 (i) the handling, or making arrangements for transport, of cargo to be carried on a prescribed aircraft; and
 (ii) the examination, in accordance with an examination notice given to the person, of cargo to be carried on a prescribed aircraft; and
 (b) is designated as a RACA under regulation 4.43A.

4.43  Applying for designation as a RACA
 (1) A person may apply, in writing, to the Secretary to be designated as a RACA if the person intends to carry on a business that includes:
. (a) the handling, or making arrangements for transport, of cargo to be carried on