Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p58
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 58/105)
Character Range: 534974–537562

engages in conduct that is inconsistent with the approved reasons for entry.

6.38C  Proof of identity
 (1) A VIC issuer must not issue a VIC to a person unless the person confirms his or her identity:
 (a) by showing the VIC issuer a Category B identification document for the person; or
 (c) in the manner specified by the Secretary in an instrument made for this paragraph.
 (3) However, the person does not need to confirm his or her identity if:
 (a) the person is a person mentioned in paragraph 4.12(1)(a), (b) or (c); or
 (c) the VIC issuer determines that there are exceptional circumstances.
Example for paragraph (c): There is a plumbing or electrical emergency and the person who is to fix the problem has forgotten to bring his or her identification documents.
 (4) A person commits an offence if:
 (a) the person is a VIC issuer; and
 (b) the VIC issuer (or its agent) issues a VIC to a person (the VIC holder); and
 (c) at the time of issue, the VIC holder does not confirm his or her identity in accordance with subregulation (1); and
 (d) the VIC holder is not exempt from confirming his or her identity under subregulation (3).
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) If a VIC issuer issues a VIC to a person and the person did not confirm his or her identity at the time of issue because the VIC issuer determined that there were exceptional circumstances, the VIC issuer must:
 (a) record, in writing, the circumstances under which the VIC was issued; and
 (b) maintain the record for 24 months; and
 (c) allow an aviation security inspector to inspect the record on request during normal business hours.

6.38D  Particulars of VICs

Conditions
 (1) A VIC issuer may issue a VIC subject to a condition.
 (2) The VIC issuer must notify the VIC holder of the condition in writing or orally.

VIC only valid in specific airport
 (3) A person commits an offence if:
 (a) the person is an airport operator; and
 (b) the airport operator (or its agent) issues a VIC:
 (i) that is valid in more than one airport in Australia; or
 (ii) for an airport that is not operated by the airport operator.
Penalty: 50 penalty units.
Note: An airport operator is responsible for the actions of its agents under subregulation 6.37G(5).
 (4) A person commits an offence if:
 (a) the person is a Secretary‑approved VIC issuer; and
 (b) the Secretary‑approved VIC issuer (or its agent) issues a VIC:
 (i) that is valid in more than 1 airport in Australia; or
 (ii)