Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p59
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 59/105)
Character Range: 537338–539767

(4) A person commits an offence if:
 (a) the person is a Secretary‑approved VIC issuer; and
 (b) the Secretary‑approved VIC issuer (or its agent) issues a VIC:
 (i) that is valid in more than 1 airport in Australia; or
 (ii) that is valid in an airport for which the person is not approved to issue VICs.
Penalty: 50 penalty units.
Note: A Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).

Period of validity of VIC
 (5) Subject to subregulations (6) and (7), a VIC issuer must not issue a VIC that is valid for more than 28 days.
 (6) The Comptroller‑General of Customs must not issue a VIC:
 (a) that is valid for more than 24 hours; or
 (b) that is valid in more than 1 airport.
 (7) The Director‑General of Security must not issue a VIC:
 (a) that is valid for more than 24 hours; or
 (b) that is valid in more than 1 airport.

6.38E  The 28 day rule—VICs issued for particular airport
 (1) This regulation does not apply to the Comptroller‑General of Customs or the Director‑General of Security.
 (2) A person commits an offence if:
 (a) the person is a VIC issuer; and
 (b) the VIC issuer (or its agent) issues a VIC for a particular airport to a person; and
 (c) the person to whom the VIC is issued has held a VIC for that airport for a total of 28 or more days in the previous 12 months.
Penalty: 50 penalty units.
Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).
 (3) If a person has held a VIC for a particular airport for less than a total of 28 days in the previous 12 months, a VIC issuer may issue a VIC for that airport to the person only if the period for which the VIC will be valid will not result in the person holding a VIC for that airport for more than a total of 28 days in a 12 month period.
Note: For exceptions to subregulations (2) and (3), see regulations 6.38G to 6.38I.
 (4) A person commits an offence if the person:
 (a) applies for a VIC for a particular airport; and
 (b) the person knows that he or she has held a VIC for that airport for a total of 28 or more days in the previous 12 months.
Penalty: 20 penalty units.
 (5) For this regulation, the following must be disregarded when working out how many days a person has held a VIC:
 (a) a VIC issued by the Comptroller‑General of Customs;
 (b) a VIC issued by the Director‑General of Security;
 (c)