Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p44
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 44/105)
Character Range: 502052–504650

in writing by an issuing body or the person, extend the time for providing the information.
 (2D) If an application was closed under subregulation (2B) and the Secretary extends the time in which the issuing body or person may provide the information, the application is not reopened until the Secretary receives the information.
 (3) Within 30 days after receiving an application (or, if the Secretary has asked for information under subregulation (2), after receiving the information), the Secretary must:
 (a) decide whether to approve, or refuse to approve, the issuing of the ASIC; and
 (b) if the Secretary decides to approve the issuing of the ASIC—tell the following persons, in writing, about the decision:
 (i) the person who applied for the ASIC;
 (ii) the issuing body;
 (iii) the Secretary AGD; and
 (c) if the Secretary decides to refuse to approve the issuing of the ASIC:
 (i) tell the person who applied for the ASIC, in writing, about the decision and the reasons for it; and
 (ii) if the application mentioned in subregulation (1) was made by an issuing body—tell the issuing body, in writing, about the decision.
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.
 (4) If the Secretary has not approved, or refused to approve, the issue of the ASIC within the period allowed by subregulation (3), the Secretary is taken to have refused to approve the issue of the ASIC.
 (5) Before approving or refusing to approve the issue of the ASIC to a person who is not eligible to be issued an ASIC only because the person's adverse criminal record prevents him or her being issued with an ASIC, 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) The Secretary may give an approval subject to a condition, but must notify the issuing body and the person in writing what the condition is.

Applicant who does not have an operational need
 (7) If the Secretary approves the issue of an ASIC to a person