Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p65
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 65/105)
Character Range: 551045–553664

the airport or airports concerned; and
 (d) anything else relevant that the Secretary knows about.
 (7) The Secretary may give an approval subject to a condition, but must notify the requesting VIC issuer in writing what the condition is.

VICs issued by airport operators and aircraft operators
 (7A) A VIC issuer (other than the Comptroller‑General of Customs or the Director‑General of Security) may issue VICs in a form that is different from that set out in regulation 6.39 if the Secretary has approved the different form.
 (7B) The Secretary is taken to have approved the different form for subregulation (7A) if:
 (a) the VIC issuer's TSP sets out the different form; and
 (b) the Secretary has approved the part of the TSP that sets out the different form.
 (7C) If the VIC issuer is an agent of an airport operator or Secretary‑approved VIC issuer, the agent may only issue VICs in a form that is different from that set out in regulation 6.39 if:
 (a) the airport operator's or Secretary‑approved VIC issuer's TSP sets out:
 (i) the different form; and
 (ii) that the agent will issue VICs in the different form; and
 (b) the Secretary has approved the part of the TSP that sets out the different form and states that the agent will issue VICs in the different form.

Offence
 (8) A person commits an offence if:
 (a) the person is a VIC issuer; and
 (b) the Secretary has approved a different form for VICs issued by that VIC issuer; and
 (c) the VIC issuer:
 (i) issues a VIC that does not comply with either the different form or the form set out in regulation 6.39; or
 (ii) contravenes a condition of the approval of the different form.
Penalty: 50 penalty units.
Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).
 (9) An offence under subregulation (8) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (10) A person commits an offence if:
 (a) the person is a VIC issuer; and
 (b) the VIC issuer is an airport operator or a Secretary‑approved VIC issuer; and
 (c) the VIC issuer's TSP states that the VIC issuer (or its agent) must not issue a VIC in the form set out in regulation 6.39; and
 (d) the VIC issuer (or its agent) issues a VIC in the form set out in regulation 6.39.
Penalty: 50 penalty units.
Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).

Subdivision 6.5.3A—Obligations of VIC issuer, VIC holder, ASIC holder or issuing body

6.40  Obligations of VIC issuer
 (1)