Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p71
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 71/105)
Character Range: 565563–568260

Secretary advises the issuing body that there has been no material change in the holder's criminal history.
 (3A) An issuing body commits an offence if the issuing body is required to cancel an ASIC under subregulation (2) and fails to do so.
Penalty: 100 penalty units.
 (4) An issuing body may cancel an ASIC issued by the body if:
 (a) the holder contravenes Subdivision 3.2.1, or a condition of the ASIC; or
 (b) the ASIC is altered or defaced (permanently or temporarily).
 (4A) An issuing body may cancel an ASIC issued by the body if:
 (a) the ASIC included a condition that it would be cancelled if the holder changed employer, contractor for services or volunteer organisation; and
 (b) the holder changed employer, contractor for services or volunteer organisation.
 (5) For paragraph (4)(a), the issuing body must consider:
 (a) the kind and seriousness of each contravention; and
 (b) whether the holder has previously contravened Subdivision 3.2.1 or a condition of the ASIC.
 (6) As soon as practicable after an issuing body cancels an ASIC under subregulation (2), (4) or (4A), the issuing body must:
 (a) tell the holder, in writing, that the card has been cancelled and the reasons for the cancellation; and
 (b) tell the Secretary AGD about the cancellation, using the AusCheck facility.
Penalty: 10 penalty units.
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.
 (7) Subject to subregulations (8) and (9), a cancellation under subregulation (2) or (4) takes effect when the holder is notified of it in writing.
 (8) A cancellation under paragraph (2)(f) takes effect when the issuing body finds out that the ASIC has been lost, stolen or destroyed.
 (9) A cancellation under paragraph (2)(g) takes effect when the replacement ASIC is issued.

6.43A  Reinstatement of cancelled ASIC—application
 (1) This regulation applies if an ASIC is cancelled by an issuing body in accordance with paragraph 6.43(2)(ba) or (d).
 (2) The former holder of the ASIC or the issuing body may apply to the Secretary, in writing, for the cancellation to be set aside.
 (2A) However, an application must not be made if the former holder of the ASIC has been convicted of a tier 1 offence.
 (3) The application must be made not later than 28 days after the former holder of the ASIC is told about the cancellation.
 (4) The Secretary may, on application in writing by the former holder of the ASIC or the issuing body, extend the time for making the application.
 (5) If the Secretary needs more