Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p31
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 31/105)
Character Range: 470474–473240

and if the new issuing body does so:
 (a) subject to paragraph (b), anything done by or in relation to the original issuing body in relation to the transferred ASIC application is taken, for the purposes of the new issuing body dealing with the application under this Part, to have been done by or in relation to the new issuing body; but
 (b) the new issuing body may disregard anything done by or in relation to the original issuing body in relation to the transferred ASIC application for the purposes of dealing with the application under this Part, if the new issuing body considers it appropriate to do so.
Note: For example, the new issuing body may continue to process a transferred ASIC application, and may issue the ASIC applied for, in reliance on identification documents provided to the original issuing body. However, the new issuing body may choose not to rely on the documents, and may require the applicant to provide identification documents again, if the new issuing body considers it appropriate to do so.

Transfer of records and documents to new issuing body
 (7) The original issuing body must transfer to the new issuing body:
 (a) the original issuing body's register of ASICs, to the extent that the register relates to transferred ASICs; and
 (b) any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007) in the original issuing body's possession that relate to:
 (i) transferred ASICs; or
 (ii) transferred ASIC applications.

Transfer of records and documents to Secretary
 (8) The original issuing body must transfer to the Secretary any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007) that subregulation 6.24(2) requires the original issuing body to retain, other than records or documents transferred to a new issuing body (if any) under subregulation (7) of this regulation.
Note: Subregulation (8) applies whether or not there is a new issuing body.

6.22A  Transitional issuing bodies
 (1) The Secretary may, in writing, declare an issuing body to be a transitional issuing body.
 (2) If the Secretary declares an issuing body to be a transitional issuing body, the following apply to the body:
 (a) beginning on the day after the Secretary makes the declaration, the transitional issuing body:
 (i) must not issue a new ASIC unless the issuing body received the application for the ASIC before the issuing body was declared to be a transitional issuing body; and
 (ii) must not apply to the Secretary AGD for a background check, other than under regulation 6.41A;
 (b) the transitional issuing body continues to be the issuing body for any