Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p42
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 42/105)
Character Range: 497258–499920

body that issued the ASIC; or
 (ii) the cancelled ASIC was lost, stolen or destroyed, and the person has complied with regulation 6.46; and
 (c) within 12 months after the cancellation:
 (i) the person gives the issuing body a statutory declaration that states:
 (A) the reason why his or her ASIC was cancelled; and
 (B) that, since his or her background checks were completed, he or she has not been convicted of an aviation‑security‑relevant offence; and
 (C) any relevant circumstances of the person that have changed since his or her background checks were completed; and
 (ii) the issuing body lodges a request for the issue of an ASIC using the facility made available by the Secretary AGD in accordance with the AusCheck facility.
 (4B) An issuing body commits an offence if the issuing body issues an ASIC in contravention of subregulation (4A).
Penalty: 50 penalty units.
 (4C) An offence against subregulation (4B) is an offence of strict liability.
 (4D) Subject to subregulation (4G), an issuing body may issue an ASIC to a person if:
 (a) the person held an ASIC that:
 (i) has expired; and
 (ii) had an expiry date less than the maximum period permitted for the person by regulation 6.32; and
 (b) unless the ASIC was a white ASIC, the person has complied with regulation 6.45 or 6.46; and
 (c) within 12 months after the expiry of the ASIC:
 (i) the person gives the issuing body a statutory declaration that states:
 (A) that, since his or her background checks were completed, he or she has not been convicted of an aviation‑security‑relevant offence; and
 (B) any relevant circumstances of the person that have changed since the expired ASIC was issued; and
 (ii) the issuing body lodges a request for the issue of an ASIC using the Auscheck facility.
 (4E) An issuing body commits an offence if the issuing body issues an ASIC in contravention of subregulation (4D).
Penalty: 50 penalty units.
 (4F) An offence against subregulation (4E) is an offence of strict liability.
 (4G) Before an ASIC is issued under subregulation (4A) or (4D), the issuing body must ensure that:
 (a) the person meets the criteria in paragraphs (1)(a), (b) and (c); and
 (b) if the cancelled or expired ASIC was issued subject to a condition under subregulation 6.29(6) or regulation 6.43D—the ASIC to be issued is subject to the same condition.
Note: See regulation 6.32 for when the ASIC must expire.
 (5) An issuing body may issue an ASIC on a condition, but must notify the holder in writing what the condition is.
 (6) In particular, a condition may be that a background check of the holder be conducted more often than required by these Regulations.
Note: See