Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p40
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 40/105)
Character Range: 492222–495139

Category D identification document; and
 (c) state the reason why the person cannot satisfy the requirement or requirements; and
 (d) set out alternative identification requirements; and
 (e) if the alternative identification requirements relate to another document or other documents—include a copy of that document or those documents; and
 (f) include any other information that may assist the Secretary in making a decision about whether to approve the alternative identification requirements.
 (3) In making a decision to approve, or refuse to approve, alternative identification requirements, the Secretary must consider the following matters:
 (a) the extent to which the issuing body can show evidence of the identity of the person;
 (b) the reason why the person cannot satisfy the requirement or requirements;
 (c) whether the alternative identification requirements proposed are sufficient to enable the Secretary AGD to conduct a background check.
 (4) If the Secretary requires further information to consider the application, the Secretary may request the issuing body to give the further information.
 (5) The Secretary must, in writing and within 30 days after receiving the application or, if further information is requested, within 30 days after receiving the further information:
 (a) approve, or refuse to approve, the alternative identification requirements for the person; and
 (b) notify the issuing body of the decision; and
 (c) if the decision is a refusal—notify the issuing body of the reasons for the refusal.
Note: See section 266 of the Administrative Review Tribunal Act 2024 for the requirements for the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.
 (6) If the Secretary has not made a decision on the application within the period mentioned in subregulation (5), the Secretary is taken to have refused to approve the application.

Alternative identification requirements—classes of persons
 (7) If the Secretary is satisfied that a class of persons may be unable to meet one or more requirements under paragraph 6.27AB(2)(a), the Secretary may approve alternative identification requirements in relation to those requirements for the class of persons.

6.28  ASICs—issue
 (1) Subject to subregulations (3), (4), (4A) and (4D) and regulations 6.29, 6.31 and 6.35, an issuing body may issue an ASIC to a person only if:
 (a) the person has an operational need for an ASIC; and
 (b) the issuing body is satisfied of the person's identity, after verifying the person's identity in accordance with regulation 6.27AB; and
 (c) the issuing body is satisfied that the person is not an unlawful non‑citizen; and
 (d) the issuing body has received a notice from the Secretary AGD stating that:
 (i) the Secretary AGD has conducted an assessment under the AusCheck scheme to decide if