Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p43
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 43/105)
Character Range: 499692–502286

ASIC on a condition, but must notify the holder in writing what the condition is.
 (6) In particular, a condition may be that a background check of the holder be conducted more often than required by these Regulations.
Note: See regulation 6.32 for when the ASIC must expire.

6.29  ASICs—application to Secretary if person has adverse criminal record or is disqualified
 (1) An issuing body or a person may apply to the Secretary, in writing, for permission for an ASIC to be issued to the person if:
 (a) the person is not eligible to be issued an ASIC because he or she:
 (i) has an adverse criminal record; or
 (ii) is disqualified under regulation 6.48 from holding an ASIC; and
 (b) the only other reason (if any) the person is not eligible is that the person does not have an operational need for an ASIC; and
 (c) the person has not been convicted of a tier 1 offence.
Note: If the person does not have an operational need for an ASIC, an ASIC must not be issued until the person has an operational need (see subregulation (7)).
 (1A) An application under subregulation (1) must be made:
 (a) for an issuing body—before the end of 28 days after the issuing body was given advice about the background check of the person under Subdivision A of Division 5 of Part 2 of the AusCheck Regulations 2017; or
 (b) for the person—before the end of 28 days after the person:
 (i) was advised or informed under Subdivision A of Division 5 of Part 2 of AusCheck Regulations 2017 that the person has an unfavourable criminal history (within the meaning of those regulations); or
 (ii) is disqualified under regulation 6.48 from holding an ASIC.
 (1B) The Secretary may, on application in writing by an issuing body or the person, extend the time for making the application.
 (2) If the Secretary needs more information to deal with an application, the Secretary may ask the issuing body or the person, in writing, to provide the information.
 (2A) The Secretary may request information about the person from the Secretary AGD.
 (2B) If the Secretary has asked for more information under subregulation (2), and does not receive the information within 30 days of asking for it, the Secretary may close the application and subregulations (3) and (4) do not apply.
Note: Closing an application is not a refusal to issue an ASIC.
 (2C) The Secretary may, on application in writing by an issuing body or the person, extend the time for providing the information.
 (2D) If an application was closed under subregulation (2B) and the Secretary extends the time in which the issuing body or person may provide