Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:5:p8
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 5 (pt 8/10)
Character Range: 671236–674200

Legislation (Serious Crime) Regulations 2021.
convicted has the same meaning as in Part 6 of the amended Regulations.
old Regulations means these Regulations as in force immediately before the commencement of the amending Regulations.

10.45  Continued application of old Regulations
  Despite the amendments made to these Regulations by the amending Regulations, the old Regulations continue to apply in relation to the following:
 (a) an application for a background check made before the commencement of the amending Regulations;
 (b) an application made to the Secretary under regulation 6.29 that:
 (i) is made before the commencement of the amending Regulations; or
 (ii) relates to the outcome of a background check to which the old Regulations apply;
 (c) an application made to the Secretary under regulation 6.43A before the commencement of the amending Regulations.

10.46  Obligation to report past conviction for aviation‑security‑relevant offence
 (1) This regulation applies in relation to a person who is the holder of, or an applicant for, an ASIC when the amending Regulations commence if:
 (a) before that commencement, the person was:
 (i) convicted of and sentenced for a tier 1 offence or a tier 2 offence (within the meaning of Part 6 of the amended Regulations); or
 (ii) convicted of, and sentenced to imprisonment for, a tier 3 offence (within the meaning of Part 6 of the amended Regulations); and
 (b) the offence was not an aviation‑security‑relevant offence within the meaning of Part 6 of the old Regulations.
 (2) The person must notify the issuing body for the ASIC or the Secretary, in writing, of the matters in paragraphs 6.41(1)(a) to (e) in relation to the offence within 30 days after the day the amending Regulations commence.
 (3) A person commits an offence if:
 (a) the person is required to notify an issuing body or the Secretary under subregulation (2) in relation to an offence; and
 (b) the person fails to comply with the requirement.
Penalty: 20 penalty units.
 (4) The following provisions of the amended Regulations apply in relation to notification under subregulation (2) of this regulation as if it were notification under subregulation 6.41(1) of the amended Regulations:
 (a) paragraph 6.27AA(1)(c);
 (b) subregulations 6.41(2) to (4);
 (c) regulation 6.41A;
 (d) paragraph 6.43(2)(db).

Division 21—Amendments made by the Transport Security Legislation Amendment (Issuing Body Reform) Regulations 2022

10.47  Definitions
  In this Division:
amending Regulations means the Transport Security Legislation Amendment (Issuing Body Reform) Regulations 2022.
old Regulations means these Regulations as in force immediately before the commencement of the amending Regulations.

10.48  Continued authorisation as issuing body
  The repeal, by the amending Regulations, of regulation 6.16 does not affect the continuity of an authorisation as an issuing body that was in force immediately before that repeal.
Note: