Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p70
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 70/105)
Character Range: 563110–565798

in accordance with the body's ASIC program or this Division; or
 (b) the Secretary has notified the issuing body in writing that a security assessment of the holder was adverse; or
 (ba) the Secretary or the Secretary AGD has notified the issuing body in writing that the holder is the subject of a qualified security assessment; or
 (bb) the Secretary has notified the issuing body in writing that the Department has been given an adverse criminal intelligence assessment that indicates the person issuing the assessment reasonably believes that preventing the holder from holding an ASIC is necessary or desirable to prevent the use of aviation in connection with serious crime; and
 (c) the body finds out that the holder is or has become an unlawful non‑citizen; or
 (d) subject to subregulation (2A), the issuing body has received a notice from the Secretary AGD that the holder has an adverse criminal record; or
 (da) the Secretary advises the issuing body that a background check of the holder has been cancelled under section 11A of the AusCheck Regulations 2017; or
 (db) the holder does not consent to a background check or does not comply with subregulation 6.41(1) and, if requested, subregulation 6.41(2); or
 (dc) both of the following apply:
 (i) an application for a background check of the holder is made under regulation 6.27AA of these Regulations or subsection 9(2) or 16A(3) of the AusCheck Regulations 2017;
 (ii) the Secretary AGD advises the issuing body under section 15A of the AusCheck Regulations 2017 that the background check is cancelled; or
 (e) for a red ASIC or a grey ASIC—the holder no longer has an operational need to enter a secure area; or
 (f) the issuing body finds out that the ASIC has been lost, stolen or destroyed; or
 (g) the issuing body issues a replacement ASIC under regulation 6.35 for a reason referred to in subparagraph 6.35(1)(a)(iii) (change of name) or 6.35(1)(a)(iv) (operational need for replacement ASIC); or
 (h) the issuing body finds out that the holder has changed his or her name, and the holder has not asked the issuing body to issue a replacement ASIC under regulation 6.35.
 (2A) For paragraph (2)(d), an issuing body must not cancel an ASIC that was:
 (a) issued with the Secretary's approval under regulation 6.29; or
 (b) reinstated under regulation 6.43C;
if:
 (c) the notice that the holder has an adverse criminal record relates to an application for a new ASIC; or
 (d) the Secretary advises the issuing body that there has been no material change in the holder's criminal history.
 (3A) An issuing body commits an offence if the issuing body is required to cancel an ASIC under subregulation (2) and fails to