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 91/133)
Character Range: 289913–292706

original notice and substitutes another examination notice, the Secretary must give a copy of the examination notice as varied or substituted to the RACA or cargo examining aircraft operator.
 (6) The Secretary may vary or revoke the original notice under subregulation (4) at the Secretary's own initiative or at the written request of a RACA or cargo examining aircraft operator.

4.41K  Offence—failure to comply with an examination notice
 (1) A RACA commits an offence of strict liability if:
 (a) the Secretary has given the RACA an examination notice; and
 (b) the RACA fails to comply with the notice.
Penalty: 100 penalty units.
 (2) A cargo examining aircraft operator commits an offence of strict liability if:
 (a) the Secretary has given the operator an examination notice; and
 (b) the operator fails to comply with the notice.
Penalty for a contravention of subregulation (2): 100 penalty units.

Subdivision 4.1A.1B—Approving known consignors

4.41L  Known consignors
  For the purposes of paragraph 44C(2)(ha) of the Act, a person is a known consignor if the person:
 (a) carries on a business that engages in originating cargo; and
 (b) is approved as a known consignor under regulation 4.41N.

4.41M  Applying for approval as a known consignor
 (1) A person may apply, in writing, to the Secretary to be approved as a known consignor if the person:
 (a) carries on a business that engages in originating cargo; or
 (b) intends to carry on such a business.
 (2) The application must:
 (a) be in the form approved, in writing, by the Secretary; and
 (b) include the information required by the form.

Further information
 (3) The Secretary may request, in writing, that the applicant provide:
 (a) further information in relation to the application; or
 (b) access for inspection of one or more of the applicant's sites to gather further information in relation to the application.
 (4) The notice must specify the period within which the further information or access is to be provided.
 (5) An inspection under paragraph (3)(b) may be conducted by any of the following:
 (a) an APS employee;
 (b) a person who is engaged as a consultant or contractor to perform services for the Department;
 (c) a law enforcement officer.
 (6) The Secretary may refuse to consider the application until the applicant provides the further information or access.

4.41N  Decision on application
 (1) The Secretary may, in relation to an application made by an applicant under regulation 4.41M:
 (a) approve the applicant as a known consignor; or
 (b) refuse to approve the applicant as a known consignor.

Matters to be taken into account
 (2) In making a decision on the application, the Secretary may take into account:
 (a) any further information provided by the applicant under paragraph