Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p114
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 114/133)
Character Range: 347771–350473

the RACA's security program, as proposed to be varied, 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 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 variation into the security program; and
 (b) provide the varied security program to the RACA with the notice under subregulation (3); and
 (c) specify in the notice the day on which the varied security program 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.

Deemed refusal of request
 (6) If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made, the Secretary is taken to have refused the request at the end of the 90 day period.
 (7) Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (6).

4.46G  Offence—failure to comply with RACA security program
  A RACA commits an offence of strict liability if:
 (a) there is a RACA security program in force for the RACA; and
 (b) the RACA fails to comply with the security program.
Penalty: 100 penalty units.

4.46H  Offence—disclosing RACA security program information without consent
  A person commits an offence if:
 (a) the person discloses information; and
 (b) the information is about the content of a RACA security program for a RACA; and
 (c) the person does not have the consent of the RACA to disclose the information.
Penalty: 50 penalty units.

Subdivision 4.1A.3—Accrediting accredited air cargo agents

4.47  Accredited air cargo agents
  For paragraph 44C(2)(j) of the Act, a person is an AACA if:
 (a) the person carries on a business that includes the handling, or making arrangements for the transport, of cargo; and
 (b) the person is accredited by the Secretary as an AACA under this Subdivision.

4.48  Applying for accreditation as an AACA
 (1) A person may apply, in writing, to the Secretary to be accredited as an AACA if the person:
 (a) carries on a business that includes the handling, or making arrangements for the transport, of