Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p60
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 60/105)
Character Range: 539536–542004

(5) For this regulation, the following must be disregarded when working out how many days a person has held a VIC:
 (a) a VIC issued by the Comptroller‑General of Customs;
 (b) a VIC issued by the Director‑General of Security;
 (c) a VIC issued relying on regulation 6.38G, 6.38H or 6.38I;
 (d) a VIC issued relying on an exemption under regulation 6.38F.

6.38EA  The 28 day rule—additional rules for Secretary‑approved VIC issuers
 (1) A person commits an offence if:
 (a) the person is a Secretary‑approved VIC issuer who is approved to issue VICs in more than one airport; and
 (b) the Secretary‑approved VIC issuer (or its agent) issues a VIC to a person; and
 (c) the person to whom the VIC is issued has held a VIC, issued by or on behalf of the Secretary‑approved VIC issuer, for any of those airports for a combined total of 28 or more days in the previous 12 months.
Penalty: 50 penalty units.
Example: If a Secretary‑approved VIC issuer has, in the previous 12 months, issued a VIC to a person for an airport for a total of 18 days, and issued a VIC to the person for another airport for a total of 10 days, the issuer has issued a VIC to the person for any of the airports for a combined total of 28 days in the previous 12 months.
Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).
 (2) A person commits an offence if the person:
 (a) applies to a Secretary‑approved VIC issuer for a VIC; and
 (b) the person knows that he or she has held a VIC, issued by or on behalf of the Secretary‑approved VIC issuer, for a total of 28 or more days in the previous 12 months.
Penalty: 20 penalty units.
 (3) Subregulation (4) applies if:
 (a) a Secretary‑approved VIC issuer (or its agent) issues VICs for a particular airport during a particular month; and
 (b) any of the VICs were issued to a person who, by the last day of the month, had held a VIC for the airport for a total of 20 or more days in the previous 12 months; and
 (c) screened air services are operated from the airport.
 (4) The Secretary‑approved VIC issuer must give to the operator of the airport, by the seventh day of the following month, the following details in relation to each VIC mentioned in paragraph (3)(b):
 (a) the name, date of birth and address of the person to whom the VIC was issued; and
 (b) the date the VIC was issued; and
 (c) how many days the VIC is valid for.
 (4A) Paragraph (4)(a) does