Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p111
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 111/133)
Character Range: 340291–343065

program for the RACA remains in force for so long as the RACA is designated as a RACA.

4.46B  Secretary may vary RACA security program
 (1) If:
 (a) a RACA security program is in force for a RACA; and
 (b) either:
 (i) the Secretary is no longer satisfied that the security program adequately addresses the requirements set out in subregulation 4.46(2); or
 (ii) the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation;
the Secretary:
 (c) may vary the security program; and
 (d) must provide a copy of the varied security program to the RACA.
Note: The Secretary may also direct the RACA to vary the security program, or the RACA may request the Secretary to vary the security program—see regulations 4.46D and 4.46E.
 (2) However, the Secretary must not vary the security program under subregulation (1) unless the Secretary is satisfied that the security program, as varied, would adequately address the requirements set out in subregulation 4.46(2).
 (3) The RACA must, within 14 days of receiving the varied security program (the response period):
 (a) notify the Secretary, in writing, that the RACA accepts the varied security program; or
 (b) request the Secretary, in writing, to amend the varied security program; or
 (c) both:
 (i) notify the Secretary, in writing, that the RACA rejects the varied security program; and
 (ii) request the Secretary to revoke, under regulation 4.44, the RACA's designation as a RACA.
 (4) If, within the response period, the RACA notifies the Secretary that the RACA accepts the varied security program, the varied security program comes into force 14 days after the day the RACA notifies the Secretary of the acceptance.
Note: The variation does not affect the period for which the security program is in force—see regulation 4.46A.
 (5) If, within the response period, the RACA requests the Secretary to amend the varied security program, the RACA must give the Secretary:
 (a) written details of the proposed amendment; and
 (b) written reasons why the proposed amendment is being requested.
 (6) If, within the response period, the RACA does not take any of the actions mentioned in subregulation (3), the varied security program comes into force 14 days after the end of the response period.
Note: The variation does not affect the period for which the security program is in force—see regulation 4.46A.

4.46C  Consideration of request to amend RACA security program as varied by the Secretary
 (1) The Secretary may, in relation to a request made by a RACA, under paragraph 4.46B(3)(b), to amend a varied RACA security program:
 (a) approve the request; or
 (b) refuse the request.

Matters to be taken into account