Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p112
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 112/133)
Character Range: 342829–345517

the Secretary
 (1) The Secretary may, in relation to a request made by a RACA, under paragraph 4.46B(3)(b), to amend a varied RACA security program:
 (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 varied RACA security program, as proposed to be amended, 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 varied RACA security program (if any) by a business of the kind carried on by the RACA;
 (d) the efficient administration of the RACA scheme;
 (e) any other matter the Secretary considers relevant.

Notice of decision
 (3) The Secretary must:
 (a) notify the RACA, in writing, of the decision; and
 (b) do so within 14 days of making the decision.
 (4) If the decision is to refuse the request, the notice must include the reasons for the decision.

Approved requests
 (5) If the Secretary approves the request, the Secretary must:
 (a) incorporate the amendment into the varied security program; and
 (b) provide the varied security program, as amended, to the RACA with the notice under subregulation (3); and
 (c) specify in the notice the day on which the varied security program, as amended, comes into force (which must not be earlier than the day of the notice).
Note: The variation does not affect the period for which the security program is in force—see regulation 4.46A.

Refused requests
 (6) If the Secretary refuses the request, the varied security program comes into force on the day specified in the notice under subregulation (3) (which must not be earlier than the day of the notice).
Note: The variation does not affect the period for which the security program is in force—see regulation 4.46A.

Deemed refusal of request
 (7) If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made:
 (a) the Secretary is taken to have refused the request; and
 (b) the varied security program comes into force at the end of the 90 day period.
Note: The variation does not affect the period for which the security program is in force—see regulation 4.46A.
 (8) Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (7).

4.46D  Secretary may direct RACAs to vary security programs
 (1) 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