Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p101
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 101/133)
Character Range: 315402–318244

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.
 (2) However, the Secretary must not give a direction under subregulation (1) unless the Secretary is satisfied that the security program, as varied, would adequately address the requirements set out in subregulation 4.41Z(2).
 (3) In the notice, the Secretary must:
 (a) set out the variation; and
 (b) specify the period within which the known consignor must give the Secretary the security program as varied.
 (4) If the known consignor 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 known consignor, 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 4.41ZA deals with the period for which a known consignor security program is in force.
Note 2: If the known consignor does not vary the security program in accordance with the notice the known consignor's approval as a known consignor may be revoked—see regulation 4.41X.

4.41ZE  Known consignor may request Secretary to vary known consignor security program
 (1) A known consignor may request the Secretary to vary the known consignor security program for the known consignor.
 (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.

4.41ZF  Consideration of request to vary known consignor security program
 (1) The Secretary may, in relation to a request made by a known consignor, under subregulation 4.41ZE(1), to vary the known consignor security program for the known consignor:
 (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) whether the known consignor's security program, as proposed to be varied, addresses the requirements set out in subregulation 4.41Z(2);
 (b) existing circumstances as they relate to aviation security;
 (c) the current use of the 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