Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p74
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 74/105)
Character Range: 573165–575813

(ii) the issuing body;
 (iii) the Secretary AGD; and
 (d) if the Secretary refuses to set aside the cancellation:
 (i) tell the former holder of the ASIC, in writing, about the decision and the reasons for it; and
 (ii) if the application mentioned in subregulation 6.43A(2) was made by the issuing body—tell the issuing body, in writing, about the decision.
 (3) Before making a decision mentioned in paragraph (2)(a), the Secretary must consider:
 (a) the type and length of any term of imprisonment imposed on the former holder; and
 (b) if the former holder has served the term, or part of the term—how long it is, and the former holder's conduct, since the term was served; and
 (c) the nature of the offence, or offences, for which the former holder was convicted; and
 (d) whether the former holder was convicted of the offence before becoming the holder of an ASIC; and
 (e) the effect on the former holder's employment of cancellation of the ASIC; and
 (f) the location of the secure area where the former holder was employed; and
 (g) whether the former holder is or was employed in a landside security zone or airside area; and
 (h) anything else relevant that the Secretary knows about.
 (4) If the Secretary does not make a decision mentioned in paragraph (2)(b) within the period mentioned in subregulation (2), the Secretary is taken to have refused to set aside the cancellation of the ASIC.

6.43D  Reinstatement of ASIC subject to condition
  The Secretary may set aside a cancellation mentioned in regulation 6.43B or 6.43C subject to a condition.
Example: A condition that background checking is conducted at stated intervals.

6.43E  When issuing body must reinstate cancelled ASIC
  If an issuing body is notified by the Secretary under subparagraph 6.43B(4)(b)(ii) or 6.43C(2)(c)(ii), the issuing body must:
 (a) reinstate to the former holder his or her ASIC; and
 (b) tell the Secretary AGD about the ASIC being reinstated, using the AusCheck facility.
Penalty: 10 penalty units.

6.43F  Cancellation of VICs and TACs
 (1) An issuer must immediately cancel a VIC or TAC issued by the issuer (or its agent) if the issuer finds out that:
 (a) the VIC or TAC was not issued in accordance with this Division; or
 (b) if the issuer is an airport operator or a Secretary‑approved VIC issuer—the VIC or TAC was not issued in accordance with the TSP of the issuer; or
 (c) the VIC or TAC holder has, at any time, had an ASIC cancelled under paragraph 6.43(2)(b), (bb), (c), (d) or (db).
 (2) However, paragraph (1)(c) does not apply if the cancellation was set aside and the ASIC reinstated.
 (3) An issuer must cancel a VIC or TAC