Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p37
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 37/105)
Character Range: 484673–487318

an aircraft engaged in a prescribed air service.

Subdivision 6.5.2—Issue and form of ASICs

6.26  ASICs—application for issue
  A person may, in writing, apply to an issuing body for the issue of an ASIC.

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 red ASIC or grey 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 the Comptroller‑General of Customs) 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,