Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p105
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 105/133)
Character Range: 325460–328113

that the RACA agree to restrict the RACA's activities to those that are in accordance with the RACA's security program;
 (b) that the RACA agree to the Secretary imposing a condition on the RACA's designation as a RACA relating to activities that are not in accordance with the RACA's security program;
 (c) that the RACA agree to comply with a different RACA security program;
 (d) that the RACA's designation as a RACA be revoked.
 (3) The RACA must:
 (a) notify the Secretary, in writing, of which, if any, of the actions proposed in the notice the RACA will accept; and
 (b) do so within 14 days of receiving the notice.
Note: The Secretary may revoke the RACA's designation as a RACA if the RACA does not accept a proposed action, or if the RACA accepts a proposed action but does not complete the action—see regulation 4.44B.
 (4) If:
 (a) the notice proposes that the RACA's designation as a RACA be revoked in accordance with paragraph (2)(d); and
 (b) the RACA accepts the proposed action;
the RACA is taken to have requested the Secretary to revoke the RACA's designation under regulation 4.44.

4.43D  Application for designation to be renewed
 (1) A RACA may apply, in writing, to the Secretary for the RACA's designation as a RACA to be renewed.
 (2) The application may only be made within the last 12 months of the period for which the RACA's designation is in force.
 (3) The application must:
 (a) be in the form approved, in writing, by the Secretary; and
 (b) include the information required by the form.

Further information
 (4) The Secretary may request, in writing, that the RACA provide:
 (a) further information in relation to the application; or
 (b) access for inspection of one or more of the RACA's sites to gather further information in relation to the application.
 (5) The notice must specify the period within which the further information or access is to be provided.
 (6) An inspection under paragraph (4)(b) may be conducted by any of the following:
 (a) an APS employee;
 (b) a person who is engaged as a consultant or contractor to perform services for the Department;
 (c) a law enforcement officer.
 (7) The Secretary may refuse to consider the application until the RACA provides the further information or access.

4.43E  Decision on renewal of designation application
 (1) The Secretary may, in relation to an application made by a RACA under regulation 4.43D:
 (a) renew the RACA's designation as a RACA; or
 (b) refuse to renew the RACA's designation as a RACA.

Matters to be taken into account
 (2) In making a decision on the application, the Secretary may take into account:
 (a) any further information