Commonwealth Consolidated Regulations

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 6.19A

         (1)   The Secretary may revoke the authorisation of a body (the relevant body ) as an issuing body:

                (a)    on the Secretary's own initiative; or

               (b)    on application by the relevant body under regulation 6.20.

         (2)   This regulation does not apply to the Secretary's power to revoke authorisations under regulation 6.19.

         (3)   If the Secretary is considering revoking the authorisation of an issuing body on the Secretary's own initiative, the Secretary must give the relevant body written notice inviting the relevant body to respond within 14 days.

         (4)   Before deciding whether to revoke an authorisation, the Secretary must consider the following matters:

                (a)    the number of ASICs the relevant body has issued, or is taken to be the issuing body for, that:

                          (i)    are valid; or

                         (ii)    have been suspended under regulation 6.42B; or

                        (iii)    have been cancelled or have expired, but:

                                   (A)     the ASIC may be reinstated; or

                                   (B)     another ASIC may be issued to the former holder without a further background check being conducted; 

               (b)    whether there are any applications for ASICs that the relevant body is yet to approve or refuse to approve;

                (c)    whether there is another issuing body that can be the issuing body for the ASICs issued, or taken to be issued, by the relevant body;

               (d)    whether the relevant body should be a transitional issuing body under regulation 6.22A;

                (e)    any information given to the Secretary by the Secretary AGD about the following:

                          (i)    any applications mentioned in paragraph (b);

                         (ii)    any applications for ASICs that have been approved by the relevant body but the ASIC has not yet been issued;

                        (iii)    the effect the revocation of the body's authorisation may have on operations;

                (f)    if the relevant body has responded to a notice under subregulation (3) -- the relevant body's response, including whether the relevant body wants to continue to be an issuing body;

               (g)    any other relevant information available to the Secretary.

         (5)   If the Secretary decides to revoke, or refuse to revoke, a body's authorisation, the Secretary must give the body written notice of the Secretary's decision and the reasons for the decision.

Note    If the body applied for the revocation, the Secretary must make the decision and give the body written notice within 30 days of receiving the application -- see subregulation 6.20 (2).

         (6)   If the Secretary decides to revoke a body's authorisation and there are ASICs mentioned in paragraph (4) (a) that the body has issued, or is taken to be the issuing body for, the Secretary must:

                (a)    under regulation 6.22, decide which other issuing body will be the issuing body for those ASICs; or

               (b)    declare the body to be a transitional issuing body under regulation 6.22A. 

         (7)   For subregulation (6), before deciding which of paragraphs (6) (a) and (b) will apply, the Secretary must consider the matters mentioned in paragraphs (4) (a), (b), (c), (f) and (g).

         (8)   If:

                (a)    the Secretary decides to revoke a body's authorisation; and

               (b)    the body is not the issuing body for any ASICs mentioned in paragraph (4) (a), or paragraph (6) (a) applies;

the revocation takes effect on the day the Secretary makes the decision.

         (9)   The Secretary must tell the Secretary AGD if the Secretary decides to revoke a body's authorisation.