Commonwealth Consolidated Regulations

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 6.38

         (1)   Subject to subregulation (1A), a VIC issuer may issue a VIC to a person if and only if:

                (a)    he or she needs to enter the secure area of a security controlled airport for a lawful purpose; and

               (b)    he or she will be supervised by the holder of a valid ASIC while in the area.

      (1A)   Customs and Border Protection may only issue a VIC to a person in the circumstances mentioned in subregulation (1) if the person is:

                (a)    a law enforcement officer; or

               (b)    an officer or employee of ASIO or the Australian Secret Intelligence Service; or

                (c)    an officer of the Commonwealth or of a State or Territory government.

         (3)   Despite subparagraph 6.26A (2) (b) (iii), a VIC holder who is supervised by a representative of a prescribed air service, being a representative who holds an ASIC, may access:

                (a)    an aircraft engaged in a prescribed air service; or

               (b)    passengers boarding, or intending to board, such an aircraft; or

                (c)    anything being loaded, or to be loaded, on board such an aircraft.

         (4)   A VIC issuer must not issue a VIC in contravention of subregulation (1).

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)   A contravention of subregulation (4) is an offence of strict liability.

Persons to whom VIC cannot be issued

         (6)   A VIC issuer must not knowingly issue a VIC to a person who:

                (a)    has been refused an ASIC; or

               (b)    is the holder of an ASIC that has been suspended under regulation 6.42A; or

                (c)    was the holder of an ASIC that was cancelled under paragraph 6.43 (2) (b), (ba), (d) or (db).

Penalty:   100 penalty units.

Note    An airport operator or Secretary-approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G (5).

         (7)   A person commits an offence if:

                (a)    the person applies for a VIC; and

               (b)    the person declares that he or she has not:

                          (i)    been refused an ASIC; or

                         (ii)    had an ASIC suspended or cancelled because he or she had an adverse criminal record; and

                (c)    the person knows that the declaration is not true.

Penalty:   20 penalty units.