Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p64
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 64/105)
Character Range: 548588–551289

a designated airport, the VIC must contain:
 (a) the image of the VIC holder as mentioned in paragraph (2)(c); and
 (b) the given name and surname of the VIC holder as mentioned in paragraph (2)(d); and
 (c) the expiry date of the VIC as mentioned in paragraph (2)(i).
 (5) Unless the Secretary has approved otherwise, a VIC issuer must not issue a VIC that does not comply with subregulations (1) to (4A).
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).
 (6) An offence under subregulation (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (7) The discretionary information area at the bottom of a VIC may be used by the VIC issuer for its own purposes.

6.39A  Secretary's approval of the issue of VICs in other forms

VICs issued by the Comptroller‑General of Customs or Director‑General of Security
 (1) The Comptroller‑General of Customs or the Director‑General of Security (the requesting VIC issuer) may apply to the Secretary for approval to issue VICs in a form other than that set out in regulation 6.39.
 (2) The application must be in writing and must set out:
 (a) the proposed form of VICs; and
 (b) the reasons for the proposed differences.
 (3) If the Secretary needs more information to deal with an application, the Secretary may ask the requesting VIC issuer, in writing, to provide the information.
 (4) Within 30 days after receiving an application (or, if the Secretary has asked for information under subregulation (3), after receiving the information), the Secretary:
 (a) must approve, or refuse to approve, in writing, the issue of VICs in the proposed form; and
 (b) must notify the requesting VIC issuer in writing of the decision and, if the decision is a refusal, the reasons for the decision.
 (5) If the Secretary has not approved, or refused to approve, the issue of VICs in the proposed form within the period allowed by subregulation (4), the Secretary is taken to have refused to approve the issue of VICs in the proposed form.
 (6) Before approving or refusing to approve the issue of VICs in the proposed form, the Secretary must consider:
 (a) the justification offered for the difference; and
 (b) the likely effect of the difference on aviation security in Australia generally; and
 (c) the likely effect of the difference on aviation security at the airport or airports concerned; and
 (d) anything else relevant that the Secretary knows about.
 (7) The Secretary may give an approval subject to a condition, but must notify the requesting VIC issuer in writing what the condition is.

VICs