Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p95
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 95/105)
Character Range: 624206–626944

In this Division:
amending Regulation means the Aviation Transport Security Amendment (Cargo) Regulation 2016.
old Regulations means these Regulations as in force immediately before 1 November 2016.

Subdivision B—Amendments made by Schedule 1 to the Aviation Transport Security Amendment (Cargo) Regulation 2016

10.05  Continuation of existing designations for RACAs who have a notice given under regulation 4.41J

Persons to whom this regulation applies
 (1) This regulation applies to a person if:
 (a) immediately before 1 November 2016 the person was designated as a RACA under regulation 4.43 of the old Regulations (the previous designation); and
 (b) the RACA had been given a notice under regulation 4.41J of the old Regulations; and
 (c) before 1 November 2016 the notice had not been revoked for the RACA; and
 (d) immediately before 1 November 2016 a TSP for the RACA was in force.

Previous designations continue
 (2) Subject to this regulation, the previous designation has effect, on and after 1 November 2016, as if the previous designation were a designation of the person as a RACA by the Secretary under regulation 4.43A, as inserted by Schedule 1 to the amending Regulation.

Period during which designations remain in force
 (3) If:
 (a) the previous designation of a person as a RACA is taken to continue because of subregulation (2); and
 (b) the TSP for the RACA would have remained in force under subsection 20(3) of the Act until on or after 1 July 2017 (the remaining period) if the amending Regulation had not been made;
the previous designation has effect until the end of the remaining period, unless revoked earlier under regulation 4.44, 4.44A, 4.44B or 4.44C, as inserted by Schedule 1 to the amending Regulation.
 (4) If:
 (a) the previous designation of a person as a RACA is taken to continue because of subregulation (2); and
 (b) the TSP for the RACA would have remained in force under subsection 20(3) of the Act until a day between 1 November 2016 and 30 June 2017 (the remaining period) if the amending Regulation had not been made;
the previous designation has effect until the day specified by the Secretary by written notice, unless revoked earlier under regulation 4.44, 4.44A, 4.44B or 4.44C, as inserted by Schedule 1 to the amending Regulation.
 (5) The Secretary:
 (a) must give the notice under subregulation (4) by 15 November 2016; and
 (b) must not specify a day before the notice is given.

10.06  Security programs for RACAs whose designation has been continued under regulation 10.05
 (1) This regulation applies to the TSP for a RACA (a previous TSP) whose designation as a RACA is continued under regulation 10.05.
 (2) Subject to this regulation, the previous TSP has effect, on