Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p100
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 100/133)
Character Range: 312894–315663

existing circumstances as they relate to aviation security;
 (c) the current use of the varied known consignor security program (if any) by a business of the kind carried on by the known 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 amendment into the varied security program; and
 (b) provide the varied security program, as amended, to the known consignor with the notice under subregulation (3); and
 (c) specify in the notice the day on which the varied security program, as amended, 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.

Refused requests
 (6) If the Secretary refuses the request, the varied security program comes into force on the day specified in the notice under subregulation (3) (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
 (7) If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made:
 (a) the Secretary is taken to have refused the request; and
 (b) the varied security program comes into force at the end of the 90 day period.
Note: The variation does not affect the period for which the security program is in force—see regulation 4.41ZA.
 (8) Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (7).

4.41ZD  Secretary may direct known consignors to vary security programs
 (1) If:
 (a) a known consignor security program is in force for a known consignor; and
 (b) either:
 (i) the Secretary is no longer satisfied that the security program adequately addresses the requirements set out in subregulation 4.41Z(2); or
 (ii) 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 known consignor, direct the known consignor to vary the security program.
Note: The Secretary may also vary the security program himself or herself, or the known consignor may request the Secretary to vary the security program—see regulations 4.41ZB and 4.41ZE.