Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p28
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 28/105)
Character Range: 462963–465701

body is no longer a person that may appropriately be authorised to issue ASICs; or
 (b) the body no longer controls a secure area, or part of a secure area, of a security controlled airport, and does not reasonably require on‑going access to such an area or part of an area; or
 (c) the ASICs being issued by the body can more appropriately be issued by an airport operator; or
 (d) the body's ASIC program does not adequately address a matter mentioned in subregulation 6.06(2) and it is unlikely that a direction under regulation 6.09 will make the program adequately address the matter; or
 (e) allowing the body's authorisation to continue would be likely to be a significant threat to aviation security; or
 (f) the body does not comply with a direction of the Secretary under regulation 6.09.
 (3) The Secretary may revoke the authorisation of an issuing body if the body contravenes:
 (a) this Part; or
 (b) a condition of its authorisation; or
 (c) its ASIC program.
 (4) In making a decision under subregulation (3), the Secretary must consider:
 (a) the kind and seriousness of the contravention; and
 (b) whether the issuing body has previously contravened this Part, a condition of its authorisation or its ASIC program.
 (5) As soon as practicable after revoking the authorisation of a body under this regulation, the Secretary must notify the body in writing of the revocation and the reasons for the revocation.
Note: See section 266 of the Administrative Review Tribunal Act 2024 for the requirements for the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.
 (6) The revocation takes effect when written notice of the revocation is given to the body.

6.19A  Secretary's discretion to revoke authorisation
 (1) The Secretary may revoke the authorisation of a body (the relevant body) as an issuing body:
 (a) on the Secretary's own initiative; or
 (b) on application by the relevant body under regulation 6.20.
 (2) If the Secretary intends to revoke the authorisation of the relevant body under this regulation on the Secretary's own initiative, the Secretary must:
 (a) give the relevant body written notice of the Secretary's intention to revoke the authorisation; and
 (b) invite the relevant body to respond within 14 days.
 (3) Before deciding whether to revoke the authorisation under this regulation, the Secretary may consider the following matters:
 (a) the number of ASICs issued by the relevant body that:
 (i) are in effect; or
 (ii) are suspended under regulation 6.42B; or
 (iii) have been cancelled or have expired, but may be reinstated; or
 (iv) have been cancelled or have expired, if another ASIC