Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p104
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 104/133)
Character Range: 323037–325690

taken to have refused to designate the applicant as a RACA at the end of that period.
 (6) Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (5).

Stopping the clock
 (7) If the Secretary has requested:
 (a) further information under paragraph 4.43(3)(a); or
 (b) access for inspection of one or more of the applicant's sites under paragraph 4.43(3)(b);
then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.43(3), by the number of days falling within the period:
 (c) starting on the day on which the notice was given; and
 (d) ending on:
 (i) the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or
 (ii) if the information or access was not provided within the period specified in the notice—the last day of that period.

4.43B  Duration of designation
 (1) A RACA's designation as a RACA commences on the day specified in the notice under subregulation 4.43A(3).
 (2) The day specified in the notice must not be earlier than:
 (a) the day the notice is given; or
 (b) if the applicant is not already carrying on a business that includes the handling, or making arrangements for the transport, of cargo—the day on which the applicant commences carrying on such a business.
 (3) The designation continues in force until the earlier of:
 (a) the end of the period specified in the notice; or
 (b) if the designation is revoked under regulation 4.44, 4.44A, 4.44B or 4.44C—the day the designation is revoked.
Note: If a RACA applies for the RACA's designation to be renewed before the end of the period mentioned in paragraph (a), the designation continues in force until a decision is made on the renewal application—see regulation 4.43F.
 (4) The period specified in the notice must be at least 12 months, but not more than 5 years, after the day on which the designation commences.

4.43C  Action by Secretary in relation to designation
 (1) If there is a change to a RACA's operations resulting in the RACA no longer carrying on business in accordance with the requirements of the RACA's security program, the Secretary may issue a notice, in writing, to the RACA in accordance with subregulation (2).
 (2) The notice may propose one or more of the following actions:
 (a) that the RACA agree to restrict the RACA's activities to those that are in accordance with the RACA's security program;
 (b) that the RACA agree to the Secretary imposing a condition on the RACA's designation as a RACA relating to