Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p26
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 26/27)
Character Range: 126272–129030

who made the report a receipt that sets out:
 (i) the authorisation holder's name; and
 (ii) the date the report was made; and
 (iii) the date and nature of the contravention; and
 (c) having regard to subregulation 13.360(2), determine what information contained in the report is to be included in the files or databases primarily kept for the purposes of ASRS; and
 (d) return the report to the authorisation holder who made the report.
 (3) If the Executive Director does not accept a report, he or she must, subject to regulation 13.355, return the report to the authorisation holder.

13.355  Reports relating to unlawful interference
  If a report relates to an act of unlawful interference (within the meaning of ICAO Document 9713, 'International Civil Aviation Vocabulary', as in force from time to time), the Executive Director must send it to the Aviation Security Duty Officer in the Department.

13.360  Use of information contained in reports (Act s 30DN(2)(c))
 (1) The Executive Director must not keep a copy of a report made under ASRS.
 (2) The Executive Director must ensure that, to the extent practicable, information that identifies the authorisation holder who made the report (or any person referred to in the report) is not included in any file or database primarily kept for the purposes of ASRS.
 (3) Information contained in a report of a reportable contravention (other than information that is personal information within the meaning of the Privacy Act 1988) may be disclosed by the Executive Director without the consent of the authorisation holder who made the report but only if the information is to be used for a purpose mentioned in subregulation 13.335(3).

13.365  Delegation by Executive Director
 (1) The Executive Director may, in writing, delegate to a person engaged to perform duties in the Department (whether as an APS employee, SES employee or under any other arrangement) a power (except this power of delegation), function or duty of the Executive Director under this Division.
 (2) In exercising powers, functions and duties under a delegation, the delegate must comply with any directions of the Executive Director.

Division 13.K.2—Demerit points scheme

13.370  Offences to which demerit points scheme applies (Act s 30DT)
 (1) All offences under CAR and CASR that are specified as strict liability offences are prescribed as offences to which Division 3D (Demerit points scheme) of Part III of the Act applies.
 (2) The number of points that are incurred in relation to an offence to which that Division applies are as follows:
 (a) if the maximum penalty for the offence is 10 penalty units or less—1 demerit point;
 (b) if the maximum penalty for the offence is more than 10 penalty units but less than