Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p56
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 56/105)
Character Range: 530360–532933

(b) the person does not hold an ASIC.
Penalty: 20 penalty units.
 (2) A VIC issuer that is a Commonwealth agency, the Comptroller‑General of Customs, or the Director‑General of Security, must not allow a person to be directly involved in the issue of VICs if the person does not hold an ASIC.

6.38  Issue of VICs
 (1) Subject to subregulations (1A) and (2), a VIC issuer may issue a VIC to a person if and only if:
 (a) he or she needs to enter the secure area of a security controlled airport for a lawful purpose; and
 (b) he or she will be supervised by the holder of a valid ASIC while in the area.
 (1A) The Comptroller‑General of Customs may only issue a VIC to a person in the circumstances mentioned in subregulation (1) if the person is:
 (a) a law enforcement officer; or
 (b) an officer or employee of ASIO or the Australian Secret Intelligence Service; or
 (c) an officer of the Commonwealth or of a State or Territory government.
 (2) The Director‑General of Security may issue a VIC to a person in the circumstances mentioned in subregulation (1) only if the person is an officer or employee of ASIO.
 (3) Despite subparagraph 6.26A(2)(b)(iii), a VIC holder who is supervised by a representative of a prescribed air service, being a representative who holds an ASIC, may access:
 (a) an aircraft engaged in a prescribed air service; or
 (b) passengers boarding, or intending to board, such an aircraft; or
 (c) anything being loaded, or to be loaded, on board such an aircraft.
 (4) A VIC issuer must not issue a VIC in contravention of subregulation (1).
Penalty: 50 penalty units.
Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).
 (5) A contravention of subregulation (4) is an offence of strict liability.

Persons to whom VIC cannot be issued
 (6) A VIC issuer must not knowingly issue a VIC to a person who:
 (a) has been refused an ASIC; or
 (b) is the holder of an ASIC that has been suspended under regulation 6.42A; or
 (c) was the holder of an ASIC that was cancelled under paragraph 6.43(2)(b), (ba), (bb), (d) or (db).
Penalty: 100 penalty units.
Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).
 (7) A person commits an offence if:
 (a) the person applies for a VIC; and
 (b) the person declares that he or she has not:
 (i) been refused an ASIC; or
 (ii) had an ASIC suspended or cancelled because he or she had an adverse criminal record; and
 (c) the person knows that the