Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p93
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 93/105)
Character Range: 619106–621855

the designation of a person as a RACA; or
 (c) to refuse to accept amendments to a RACA security program.

8.05  Review of decisions in relation to AACAs
  Application may be made under the ART Act to the Tribunal for review of a decision by the Secretary:
 (a) to refuse to accredit a person as an AACA; or
 (b) to revoke an AACA's accreditation; or
 (c) to refuse to accept amendments to an AACA security program.

8.06  Review of decisions in relation to VIC issuers
  Application may be made under the ART Act to the Tribunal for review of a decision by the Secretary not to approve an aircraft operator as a VIC issuer.

8.07  Reconsideration of decisions in relation to screening requirements

Applications for reconsideration
 (1) A person who is given a notice under regulation 4.17A specifying a requirement in relation to screening may apply to the Secretary for reconsideration of the decision of the Secretary to specify the requirement.
 (2) The application must be in writing.

Reconsideration
 (3) If:
 (a) a person applies under subregulation (1) of this regulation for reconsideration of a decision; and
 (b) the application is in accordance with subregulation (2);
the Secretary must:
 (c) reconsider the decision; and
 (d) by written notice given to the person:
 (i) affirm the decision; or
 (ii) vary the decision; or
 (iii) set aside the decision and make a decision in substitution for it.
 (4) If the Secretary does not make a decision under paragraph (3)(d) within 30 days after the person makes the application, the Secretary is taken to have affirmed the decision mentioned in paragraph (3)(a) at the end of those 30 days.

ART review of Secretary's decisions
 (5) Applications may be made to the Tribunal for review of decisions of the Secretary under this regulation to affirm decisions.

Part 9—Miscellaneous

9.01  Threats regarding aviation security
 (1) A person must not, while at a security controlled airport or on board an aircraft, engage in conduct that a reasonable person could interpret as a threat to commit an act of unlawful interference with aviation.
Penalty: 50 penalty units.
 (1A) Subregulation (1) does not apply to an aviation security inspector who is performing a duty, or carrying out a responsibility, under or for the purposes of the Act or these Regulations.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (1A) (see section 13.3 of the Criminal Code).
 (2) An offence against subregulation (1) is an offence of strict liability.
Examples of conduct for subregulation (1):
Making jokes about bombs in baggage
Leaving articles of baggage unattended.

9.02  Service of notices
  A notice required under these Regulations may be served by fax or e‑mail.