Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p83
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 83/105)
Character Range: 594515–597242

is convicted of an offence against Part 2 of the Crimes (Aviation) Act 1991 or Part 5.3 of the Criminal Code and sentenced to imprisonment.

6.58  Secretary's determination whether a person has adverse aviation security status
 (1) This regulation sets out what the Secretary must consider in determining that a person has, or does not have, an adverse aviation security status.
 (2) If the person is an unlawful non‑citizen, the Secretary must determine that the person has an adverse aviation security status.
 (3) If a security assessment of the person was adverse, the Secretary must determine that the person has an adverse aviation security status.
Note: If an adverse or qualified security assessment about a person is provided to a Commonwealth body, the body must notify the person in writing within 14 days (including a copy of the assessment) and must notify him or her how to apply to the Administrative Review Tribunal for review of the assessment—see the Australian Security Intelligence Organisation Act 1979, section 38.
 (4) If a security assessment of the person was qualified, the Secretary must consider the reasons for the assessment being qualified, and whether the holding of a security designated authorisation by the person would constitute a threat to aviation security.
 (5) If the person has an adverse criminal record (within the meaning given by subregulation 6.57(4)), the Secretary must consider:
 (a) the nature of the offence the person was convicted of; and
 (b) the length of the term of imprisonment imposed on him or her; and
 (c) if he or she has served the term, or part of the term—how long it is, and his or her conduct and employment history, since he or she did so; and
 (d) if the whole of the sentence was suspended—how long the sentence is, and his or her conduct and employment history, since the sentence was imposed; and
 (e) anything else relevant that the Secretary knows about.

6.58A  Matters to which CASA must have regard in determining aviation security status
 (1) Regulation 6.58 has effect in relation to the determination by CASA of a person's aviation security status as if each reference in that regulation to the Secretary were a reference to CASA.
 (2) In the interests of consistent decision‑making, the Secretary may give advice or directions in writing as to principles or policies to be followed in determining whether a person who has an adverse criminal record, or is the subject of a qualified security assessment, has an adverse aviation security status.
 (3) In determining whether such a person has an adverse aviation security status, CASA must have regard to any such advice or directions of the Secretary.

6.58B  Notice by CASA of certain decisions