Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p90
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 90/133)
Character Range: 287374–290168

matter the Secretary considers relevant.
 (5) The Secretary must give an examination notice to a RACA or cargo examining aircraft operator if the notice provides that the notice is to be given to the RACA or operator and the Secretary is satisfied on reasonable grounds that:
 (a) the RACA or operator is capable of examining cargo in accordance with the notice; and
 (b) the RACA or operator intends to examine cargo in accordance with the notice; and
 (c) giving the notice to the RACA or operator is in the interests of safeguarding against unlawful interference with aviation.
 (5A) An examination notice may make different provision in relation to cargo with respect to different circumstances.
 (6) A RACA or cargo examining aircraft operator that has been given an examination notice may, for the purposes of examining cargo, open, deconsolidate or unpack the cargo (whether or not the owner of the cargo, or any other person, has consented).

4.41JB  Revocation or variation of examination notice

Revocation on request
 (1) The Secretary must, in writing, revoke an examination notice given to a RACA or a cargo examining aircraft operator if the RACA or operator requests the Secretary, in writing, to revoke the notice.

Revocation for cause
 (2) The Secretary may, in writing, revoke an examination notice given to a RACA or cargo examining aircraft operator if the Secretary is satisfied on reasonable grounds that:
 (a) the RACA or operator:
 (i) is not capable of examining cargo in accordance with the notice; or
 (ii) is not examining cargo in accordance with the notice; or
 (b) revoking the notice is in the interests of safeguarding against unlawful interference with aviation.
 (3) If the Secretary revokes an examination notice under subregulation (2), the Secretary must give a copy of the revocation to the RACA or cargo examining aircraft operator.

Variation or revocation to correct errors or omissions
 (4) If the Secretary is satisfied that an examination notice (the original notice) given to a RACA or cargo examining aircraft operator contains an error or omission, the Secretary may, for the purpose of correcting the error or omission, in writing:
 (a) vary the original notice; or
 (b) revoke the original notice and substitute another examination notice;
and, where the Secretary does so, the varied or substituted examination notice has effect as if it had been given at the time the original notice was given.
 (5) If, under subregulation (4), the Secretary varies the original notice, or revokes the original notice and substitutes another examination notice, the Secretary must give a copy of the examination notice as varied or substituted to the RACA or cargo examining aircraft operator.
 (6) The Secretary may vary or revoke the original notice under