Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p103
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 103/133)
Character Range: 320513–323255

person may apply, in writing, to the Secretary to be designated as a RACA if the person intends to carry on a business that includes:
. (a) the handling, or making arrangements for transport, of cargo to be carried on a prescribed aircraft; and
 (b) the examination, in accordance with an examination notice, of cargo to be carried on a prescribed aircraft.
 (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.

4.43A  Decision on application
 (1) The Secretary may, in relation to an application made by an applicant under regulation 4.43:
 (a) designate the applicant as a RACA; or
 (b) refuse to designate the applicant as a RACA.

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 4.43(3)(a); and
 (b) any further information obtained as a result of any inspections carried out under paragraph 4.43(3)(b); and
 (c) any other information the Secretary considers relevant.

Notice of decision
 (3) The Secretary must:
 (a) notify the applicant, in writing, of the decision; and
 (b) do so within 90 days of the application being made.
Note: If the Secretary designates the applicant as a RACA:
(a) the notice must include the duration of the designation—see regulation 4.43B; and
(b) the Secretary must also provide the applicant with a RACA security program—see regulation 4.46.
 (4) If the decision is to refuse the application, the notice must include the reasons for the decision.

Deemed refusal of application
 (5) If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is 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