Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p113
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 113/133)
Character Range: 345278–348024

If:
 (a) a RACA security program is in force for a RACA; and
 (b) either:
 (i) the Secretary is no longer satisfied that the security program adequately addresses the requirements set out in subregulation 4.46(2); or
 (ii) the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation;
the Secretary may, by written notice given to the RACA, direct the RACA to vary the security program.
Note: The Secretary may also vary the security program himself or herself, or the RACA may request the Secretary to vary the security program—see regulations 4.46B and 4.46E.
 (2) However, the Secretary must not give a direction under subregulation (1) unless the Secretary is satisfied that the security program, as varied, would adequately address the requirements set out in subregulation 4.46(2).
 (3) In the notice, the Secretary must:
 (a) set out the variation; and
 (b) specify the period within which the RACA must give the Secretary the security program as varied.
 (4) If the RACA gives the Secretary the security program:
 (a) varied in accordance with the direction; and
 (b) within the specified period, or within any further period allowed by the Secretary;
the Secretary must, by written notice given to the RACA, approve the variation. The variation comes into force when the notice is given.
Note 1: As the security program is not replaced, the variation does not affect the period for which the security program is in force. Regulation 4.46A deals with the period for which a RACA security program is in force.
Note 2: If the RACA does not vary the security program in accordance with the notice the RACA's designation as a RACA may be revoked—see regulation 4.44B.

4.46E  RACA may request Secretary to vary RACA security program
 (1) A RACA may request the Secretary to vary the RACA security program for the RACA.
 (2) The request must:
 (a) be in writing; and
 (b) provide details of the proposed variation; and
 (c) include reasons why the proposed variation is being requested.

4.46F  Consideration of request to vary RACA security program
 (1) The Secretary may, in relation to a request made by a RACA, under subregulation 4.46E(1), to vary the RACA security program for the RACA:
 (a) approve the request; or
 (b) refuse the request.

Matters to be taken into account
 (2) In making a decision on the request, the Secretary must take into account the following:
 (a) whether the RACA's security program, as proposed to be varied, addresses the requirements set out in subregulation 4.46(2);
 (b) existing circumstances as they relate to aviation security;
 (c) the current use of the RACA security program (if any) by a business