Commonwealth Consolidated Regulations

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 6.27AA

         (1)   An issuing body may apply to the Secretary AGD for a background check on:

                (a)    an applicant for an ASIC, if the issuing body proposes to issue an ASIC to the person; or

               (b)    a person employed by the issuing body to issue ASICs; or

                (c)    the holder of an ASIC who has notified the issuing body under regulation 6.41.

         (2)   An issuing body may apply to the Secretary AGD for a background check on a person employed by the issuing body to issue ASICs:

                (a)    before the person begins to issue ASICs; and

               (b)    every 2 years afterwards.

         (3)   The Secretary may apply to the Secretary AGD for a background check on the holder of an ASIC if the Secretary considers on reasonable grounds that the holder:

                (a)    has been convicted of an aviation-security-relevant offence; or

               (b)    constitutes a threat to aviation security.

         (4)   In considering the matter mentioned in paragraph (3) (a) or (b), the Secretary must take into account:

                (a)    any information given to the Secretary by the holder of the ASIC or the issuing body of the ASIC; and

               (b)    any information given to the Secretary by the Secretary AGD or a law enforcement agency (however described) about the holder; and

                (c)    anything else relevant that the Secretary knows about.