Document ID: chunk:federal_register_of_legislation:C2024C00432:section:23a
Version: federal_register_of_legislation:C2024C00432
Segment Type: section
Provision Reference: s 23A
Character Range: 45780–48252

23A  Secretary may approve alterations of programs
 (1) An aviation industry participant may, in writing, request the Secretary to approve proposed alterations of a transport security program. The request must set out the proposed alterations.
 (2) If the Secretary is satisfied:
 (a) that it is appropriate to deal with all the proposed alterations under this section; and
 (b) that the program as proposed to be altered adequately addresses the relevant requirements under Division 4;
the Secretary must:
 (c) approve the alterations; and
 (d) give the participant written notice of the approval.
 (3) If the Secretary is not satisfied:
 (a) that it is appropriate to deal with all the proposed alterations under this section; or
 (b) that the program as proposed to be altered adequately addresses the relevant requirements under Division 4;
the Secretary must:
 (c) refuse to approve the alterations; and
 (d) give the participant written notice of the refusal.
 (4) In determining whether the program as proposed to be altered adequately addresses the relevant requirements under Division 4, the Secretary may take account of existing circumstances as they relate to aviation security.
 (5) If the Secretary approves alterations of a program, the alterations come into force at the time specified in the notice of approval.
Note: As the program is not replaced, the alterations do not affect the period for which the program is in force. Subsection 20(3) deals with the period a transport security program is in force.
Example: A transport security program is approved on 1 January 2008. The Secretary does not specify in the notice of approval the period it is to be in force.
 On 1 March 2011 alterations to the program come into force.
 The program (as now altered) will cease to be in force at the end of 31 December 2012 unless it is replaced or cancelled before then.
 (6) However, the alterations come into force when the notice is given if:
 (a) the time specified in the notice is earlier than the time at which the notice was given; or
 (b) no time is specified in the notice as the time when the alterations come into force.
 (7) If:
 (a) an aviation industry participant requests the Secretary to approve alterations of a transport security program; and
 (b) the Secretary does not approve, or refuse to approve, the alterations within the period of 60 days after the request was given;
the Secretary is taken to have refused to approve the alterations.