Commonwealth Consolidated Regulations

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 6.19

         (1)   If an issuing body is the operator of a security controlled airport, the Secretary must revoke the body's authorisation as an issuing body if in the opinion of the Secretary:

                (a)    the body's ASIC program is apparently no longer adequate to give effect to a program purpose and it is unlikely that a direction under regulation 6.09 will make the program adequate for that purpose; or

               (b)    allowing the body's authorisation to continue would be likely to be a significant threat to aviation security; or

                (c)    the body does not comply with a direction of the Secretary under regulation 6.09.

         (2)   If an issuing body is not the operator of a security controlled airport, the Secretary must revoke the body's authorisation if in the opinion of the Secretary:

                (a)    the body is no longer a person that may appropriately be authorised to issue ASICs; or

               (b)    the body no longer controls a secure area, or part of a secure area, of a security controlled airport, nor reasonably requires on-going access to such an area or part of an area; or

                (c)    the ASICs being issued by the body can more appropriately be issued by an airport operator; or

               (d)    allowing the body's authorisation to continue would be likely to be a significant threat to aviation security; or

                (e)    the body's ASIC program is apparently no longer adequate to give effect to a program purpose, and it is unlikely that a direction under regulation 6.09 will make the program adequate for that purpose; or

                (f)    the body does not comply with a direction of the Secretary under regulation 6.09.

         (3)   The Secretary may revoke the authorisation of an issuing body if the body contravenes:

                (a)    this Part; or

               (b)    a condition of its authorisation; or

                (c)    its ASIC program.

         (4)   For subregulation (3), the Secretary must consider:

                (a)    the kind and seriousness of the contravention; and

               (b)    whether the issuing body has previously contravened this Part or a condition of its authorisation or ASIC program.

         (5)   As soon as practicable after revoking the authorisation of a body under this regulation, the Secretary must notify the body in writing of the revocation and the reasons for the revocation.

Note    Section 27A of the Administrative Appeals Tribunal Act 1975 requires a person who makes a reviewable decision to give a person whose interests are affected by the decision notice of the making of the decision and of the person's right to have the decision reviewed.

         (6)   The revocation takes effect when written notice of the revocation is given to the body.