Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p96
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 96/105)
Character Range: 626705–629369

has been continued under regulation 10.05
 (1) This regulation applies to the TSP for a RACA (a previous TSP) whose designation as a RACA is continued under regulation 10.05.
 (2) Subject to this regulation, the previous TSP has effect, on and after 1 November 2016, as if:
 (a) the previous TSP were a RACA security program for the RACA provided by the Secretary under regulation 4.46, as amended by Schedule 1 to the amending Regulation; and
 (b) the measures and procedures for handling and treating suspect cargo under subregulation 2.41(5) of the old Regulations were measures and procedures for handling high risk cargo.
 (3) The Secretary may, by written notice given to the RACA, direct the RACA to vary the RACA security program that is taken to exist because of subregulation (2).
 (4) In the notice, the Secretary must:
 (a) set out the variation; and
 (b) specify the period within which the RACA must give the Secretary the security program as varied.
 (5) Despite subregulation 4.46D(4), as inserted by Schedule 1 to the amending Regulation, the variation comes into force when the notice is given to the RACA.
 (6) If the RACA does not vary the security program in accordance with the notice, the Secretary may immediately revoke the RACA's designation as a RACA.

Period during which security programs remain in force
 (7) To avoid doubt, a RACA security program for a RACA that is taken to exist because of subregulation (2) has effect, and may be dealt with, for so long as the RACA is designated as a RACA.

Other variation powers not affected
 (8) This regulation does not limit the power of the Secretary to:
 (a) vary a RACA security program under regulation 4.46B, as inserted by Schedule 1 to the amending Regulation; or
 (b) direct a RACA to vary a RACA security program under regulation 4.46D, as inserted by Schedule 1 to the amending Regulation.

10.07  Transition of existing designations for RACAs who do not have a notice given under regulation 4.41J
 (1) This regulation applies to a person if:
 (a) immediately before 1 November 2016 the person was designated as a RACA under regulation 4.43 of the old Regulations (the previous designation); and
 (b) either:
 (i) the RACA had not been given a notice under regulation 4.41J of the old Regulations; or
 (ii) before 1 November 2016 the RACA has been given a notice under regulation 4.41J of the old Regulations but the notice has been revoked for the RACA; and
 (c) immediately before 1 November 2016 a TSP for the RACA was in force.

Previous designations continue as AACA accreditations
 (2) Subject to this regulation, the previous designation has effect, on and after 1 November