Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p30
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 30/105)
Character Range: 468024–470696

regulation 6.19A the authorisation of the body as an issuing body.
 (2) Within 30 days after receiving the written application, the Secretary must:
 (a) decide to revoke, or refuse to revoke, the applicant's authorisation as an issuing body; and
 (b) give the applicant written notice under subregulation 6.19A(4).
Note: If the Secretary decides to revoke the applicant's authorisation as an issuing body and there are ASICs or applications referred to in paragraph 6.19A(5)(a) or (b), the Secretary must also make a decision under regulation 6.22.
 (3) If the Secretary does not make a decision about an application within the 30 days referred to in subregulation (2), the Secretary is taken to have refused to revoke the applicant's authorisation at the end of that period.

6.22  Responsibility for ASICs, applications and records if body ceases to be an issuing body
 (1) This regulation applies in relation to a body (the original issuing body) that was an issuing body if:
 (a) the Secretary revokes the authorisation of the body as an issuing body under regulation 6.19 or 6.19A; or
 (b) the body ceases to exist; or
 (c) for any other reason, the body no longer performs the functions or exercises the powers of an issuing body.
 (2) The Secretary may decide that another issuing body (the new issuing body) is to be the issuing body for:
 (a) any ASICs (transferred ASICs) issued by the original issuing body that:
 (i) are in effect; or
 (ii) are suspended under regulation 6.42B; or
 (iii) have been cancelled or have expired, but may be reinstated; or
 (iv) have been cancelled or have expired, if another ASIC may be issued to the former holder without a further background check being conducted; and
 (b) any applications for ASICs (transferred ASIC applications) made to the original issuing body in relation to which the original issuing body:
 (i) has applied to the Secretary AGD for a background check (whether or not the background check has been completed); but
 (ii) has not yet issued, or refused to issue, an ASIC.

Transferred ASICs and transferred ASIC applications
 (4) A transferred ASIC is not affected by the original issuing body no longer being an issuing body.
 (5) The new issuing body is not responsible for the actions of the original issuing body in relation to a transferred ASIC.
 (6) The new issuing body may continue to deal with a transferred ASIC application as if it had been made to the new issuing body, and if the new issuing body does so:
 (a) subject to paragraph (b), anything done by or in relation to the original issuing body in relation to the transferred ASIC application is taken, for the purposes of the new issuing