Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p91
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 91/105)
Character Range: 614236–616937

the court must not, in determining the penalty to be imposed, take into account the fact that the person did not pay the infringement notice penalty.

Part 8—Reconsideration and review of decisions

8.01  Definitions
  In this Part:
ART means the Administrative Review Tribunal.
ART Act means the Administrative Review Tribunal Act 2024.
decision has the same meaning as in the ART Act.
Tribunal means the Administrative Review Tribunal.

8.01A  Reconsideration of decisions in relation to ASICs and related matters—decisions of Secretary

Decisions in relation to issuing bodies
 (1) Application may be made to the Secretary for reconsideration of a decision of the Secretary:
 (a) to refuse to exempt an issuing body from giving effect to its ASIC program in a particular case or respect; or
 (b) to impose a condition on an exemption; or
 (c) to direct an issuing body to vary its ASIC program; or
 (d) to refuse to approve a variation of an issuing body's ASIC program; or
 (e) to revoke an issuing body's authorisation; or
 (f) to refuse to revoke an issuing body's authorisation.

Decisions in relation to issue, suspension and cancellation of ASICs
 (2) Application may be made to the Secretary for reconsideration of a decision of the Secretary:
 (a) to grant, or to refuse to grant, an issuing body an exemption from needing the relevant airport operator's approval to issue an airport‑specific ASIC to a person for an airport under regulation 6.27A; or
 (b) to refuse to approve the issuing of an ASIC; or
 (c) to approve the issuing of an ASIC subject to a condition; or
 (d) to give the issuing body for an ASIC a direction under subregulation 6.31(3); or
 (e) to direct the suspension of an ASIC; or
 (f) to refuse to set aside the cancellation of an ASIC under regulation 6.43B or 6.43C; or
 (g) to set aside the cancellation of an ASIC subject to a condition under regulation 6.43D.

Decisions in relation to wearing and use of ASICs
 (3) Application may be made to the Secretary for reconsideration of a decision of the Secretary:
 (a) to refuse to exempt somebody from displaying a valid ASIC in a secure area, or part of such an area; or
 (b) to impose a condition on such an exemption.

8.01B  If Secretary makes no decision
  If a person applies to the Secretary under regulation 8.01A for reconsideration of a decision and, 30 days after making the application, the Secretary has not notified the Secretary's decision about the application to the applicant, the Secretary is taken to have refused to vary the original decision.

8.02  Review of decisions in relation to ASICs and related matters—decisions of Secretary

Reconsideration decisions
 (1) Applications may be made to