Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p25
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 25/133)
Character Range: 124884–127475

all times the person is in the secure area, he or she is escorted by a person who is properly displaying a valid ASIC.

3.08  Persons exempted by Secretary from requirement to display ASIC
 (1) Despite regulation 3.03, somebody to whom the Secretary has given an exemption under this regulation need not display an ASIC in a secure area.
 (2) A person may apply, in writing, to the Secretary for a written exemption from displaying an ASIC in such an area.
 (3) Within 30 days after receiving an application, the Secretary must:
 (a) give or refuse the exemption; and
 (b) notify the person in writing of the decision and, if the decision is a refusal, the reasons for it.
 (4) On the Secretary's own initiative, the Secretary may give a person, or all persons in a specified class, exemption from displaying an ASIC in a secure area.
 (5) Before giving or refusing an exemption, the Secretary must consider:
 (a) why the exemption is necessary; and
 (b) the likely effect of the proposed exemption on aviation security at the airport; and
 (c) how long the proposed exemption will last, if it is given; and
 (d) anything else relevant that the Secretary knows about.
 (6) The Secretary may give an exemption:
 (a) for a particular period and subject to a condition or conditions mentioned in the exemption; or
 (b) limited to part of such an area of a particular airport.
 (7) If the Secretary gives an exemption to all persons in a specified class, the Secretary must publish a notice of the exemption in the Gazette.
 (8) To avoid doubt, an exemption under this regulation does not authorise the holder to:
 (a) pass through a screening point without being screened; or
 (b) enter a secure area or a prescribed aircraft otherwise than through a screening point.

3.08A  Foreign officials who display white ASIC
 (1) Despite regulation 3.03, a foreign official need not display a valid ASIC in a secure area if, while the foreign official is in the secure area, the foreign official:
 (a) is properly displaying a white ASIC; and
 (b) is escorted by a person who is properly displaying a valid ASIC.
 (2) A person who is the holder of a valid ASIC, and is escorting a foreign official who holds a white ASIC in a secure area, must not leave the foreign official unsupervised while the foreign official is in the area unless the supervision of the foreign official is taken over by another person who is displaying a valid ASIC.
Penalty: 5 penalty units.
 (3) A contravention of subregulation (2) is an offence of strict liability.
 (4) A foreign official who is the holder of a white ASIC,