Commonwealth Consolidated Regulations

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 6.29

         (1)   If a person is not eligible to be issued an ASIC only because he or she:

                (a)    has an adverse criminal record; or

               (b)    is disqualified under regulation 6.48 from holding an ASIC;

an issuing body or the person may apply to the Secretary, in writing, for approval to issue an ASIC to the person.

      (1A)   An application under subregulation (1) must be made:

                (a)    for an issuing body -- before the end of 28 days after the issuing body is advised of the outcome of the applicant's background check under regulation 9 of the AusCheck Regulations 2007 ; or

               (b)    for the person -- before the end of 28 days after the person:

                          (i)    is told under subregulation 8 (6) of the AusCheck Regulations 2007 that the advice of the outcome of his or her background check would include unfavourable criminal history advice; or

                         (ii)    is disqualified under regulation 6.48 from holding an ASIC.

      (1B)   The Secretary may, on application in writing by an issuing body or the person, extend the time for making the application.

         (2)   If the Secretary needs more information to deal with an application, the Secretary may ask the issuing body or the person, in writing, to provide the information.

      (2A)   The Secretary may request information about the person from the Secretary AGD.

      (2B)   If the Secretary has asked for more information under subregulation (2), and does not receive the information within 30 days of asking for it, the Secretary may close the application and subregulations (3) and (4) do not apply.

Note    Closing an application is not a refusal to issue an ASIC.

      (2C)   The Secretary may, on application in writing by an issuing body or the person, extend the time for providing the information.  

      (2D)   If an application was closed under subregulation (2B) and the Secretary extends the time in which the issuing body or person may provide the information, the application is not reopened until the Secretary receives the information.

         (3)   Within 30 days after receiving an application (or, if the Secretary has asked for information under subregulation (2), after receiving the information), the Secretary must:

                (a)    decide whether to approve, or refuse to approve, the issuing of the ASIC; and

               (b)    if the Secretary decides to approve the issuing of the ASIC -- tell the following persons, in writing, about the decision:

                          (i)    the person who applied for the ASIC;

                         (ii)    the issuing body;

                        (iii)    the Secretary AGD; and

                (c)    if the Secretary decides to refuse to approve the issuing of the ASIC:

                          (i)    tell the person who applied for the ASIC, in writing, about the decision and the reasons for it; and

                         (ii)    if the application mentioned in subregulation (1) was made by an issuing body -- tell the issuing body, in writing, about the decision.

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.

         (4)   If the Secretary has not approved, or refused to approve, the issue of the ASIC within the period allowed by subregulation (3), the Secretary is taken to have refused to approve the issue of the ASIC.

         (5)   Before approving or refusing to approve the issue of the ASIC to a person who is not eligible to be issued an ASIC only because the person's adverse criminal record prevents him or her being issued with an ASIC, the Secretary must consider:

                (a)    the nature of the offence the person was convicted of; and

               (b)    the length of the term of imprisonment imposed on him or her; and

                (c)    if he or she has served the term, or part of the term -- how long it is, and his or her conduct and employment history, since he or she did so; and

               (d)    if the whole of the sentence was suspended -- how long the sentence is, and his or her conduct and employment history, since the sentence was imposed; and

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

         (6)   The Secretary may give an approval subject to a condition, but must notify the issuing body and the person in writing what the condition is.