Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p125
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 125/133)
Character Range: 375096–377807

AACA scheme;
 (d) any other matter the Secretary considers relevant.

Notice of decision
 (3) The Secretary must:
 (a) notify the AACA, in writing, of the decision; and
 (b) do so within 14 days of making the decision.
 (4) If the decision is to refuse the request, the notice must include the reasons for the decision.

Approved requests
 (5) If the Secretary approves the request, the Secretary must:
 (a) incorporate the variation into the security program; and
 (b) provide the varied security program to the AACA with the notice under subregulation (3); and
 (c) specify in the notice the day on which the varied security program comes into force (which must not be earlier than the day of the notice).
Note: The variation does not affect the period for which the security program is in force—see regulation 4.51FA.

Deemed refusal of request
 (6) If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made, the Secretary is taken to have refused the request at the end of the 90 day period.
 (7) Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (6).

Subdivision 4.1A.5—Offences

4.51G  AACA must comply with security program
 (1) An AACA commits an offence if:
 (a) there is an AACA security program that is currently in force for the AACA; and
 (b) the AACA fails to comply with the program.
Penalty: 50 penalty units.
 (4) Subregulation (1) is an offence of strict liability.

4.51H  Offence—disclosing AACA security program information without consent
  A person commits an offence if:
 (a) the person discloses information; and
 (b) the information is about the content of an AACA security program for an AACA; and
 (c) the person does not have the consent of the AACA to disclose the information.
Penalty: 50 penalty units.

Subdivision 4.1A.6—Other matters

4.51J  Offence—disclosure of information
 (1) A person commits an offence if:
 (a) the person is an aviation industry participant (other than a known consignor, a RACA or an AACA); and
 (b) the person discloses to another person details about the airline or flight on which particular cargo will be carried; and
 (c) the disclosure is not in accordance with a security program.
Penalty: 50 penalty units.
 (2) If:
 (a) an aviation industry participant (other than a known consignor, a RACA or an AACA) discloses to another person details about the airline or flight on which particular cargo will be carried; and
 (b) the disclosure is in accordance with a security program;
the aviation industry participant must:
 (c) make a record of the person who is given the airline or flight information; and
 (d) keep the record for 90 days.
 (3)