Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p41
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 41/105)
Character Range: 494904–497494

is satisfied that the person is not an unlawful non‑citizen; and
 (d) the issuing body has received a notice from the Secretary AGD stating that:
 (i) the Secretary AGD has conducted an assessment under the AusCheck scheme to decide if the person has an adverse criminal record; and
 (ii) based on the criminal history, the person does not have an adverse criminal record; and
 (e) the issuing body has been notified in writing that a security assessment of the person has been made, and:
 (i) the assessment was not adverse; or
 (ii) if the assessment was qualified—the issuing body has received a notice from the Secretary that an ASIC may be issued because the person is not a threat to aviation security; and
 (ea) the issuing body has been notified in writing by the Secretary that the Department has not been given an adverse criminal intelligence assessment that indicates the person issuing the assessment reasonably believes that preventing the person proposed to be issued an ASIC from holding an ASIC is necessary or desirable to prevent the use of aviation in connection with serious crime; and
 (f) the person is not disqualified under regulation 6.48 from holding an ASIC.
Penalty: 50 penalty units.
 (2) An offence against subregulation (1) is an offence of strict liability.
 (3) The issuing body may issue an ASIC to a person who is under 18 if:
 (a) the person meets the criteria in paragraphs (1)(a), (b), (c), (e), (ea) and (f); and
 (b) in the case of a person who was under 14 at the time the application for the ASIC was made—the application was accompanied by a written consent, given by a parent or guardian of the person, for the issuing body to perform its functions, and exercise its powers, in relation to the issuing of the ASIC (including by applying for a background check of the person).
 (4) The issuing body may issue an ASIC to a person who holds a security designated authorisation that is less than 2 years old if the person meets the criteria in paragraphs (1)(d), (e), (ea) and (f).
 (4A) Subject to subregulation (4G), an issuing body may issue an ASIC to a person if:
 (a) the person had his or her ASIC cancelled under paragraph 6.43(2)(e) or subregulation 6.43(4A) or 6.47(1); and
 (b) if the cancelled ASIC was a red ASIC or a grey ASIC, either:
 (i) the person has returned the cancelled ASIC to the issuing body that issued the ASIC; or
 (ii) the cancelled ASIC was lost, stolen or destroyed, and the person has complied with regulation 6.46; and
 (c) within 12 months after the cancellation:
 (i) the person gives the issuing body a statutory