Commonwealth Consolidated Regulations

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 6.38E

         (1)   This regulation does not apply to Customs and Border Protection.

         (2)   A person commits an offence if:

                (a)    the person is a VIC issuer; and

               (b)    the VIC issuer (or its agent) issues a VIC for a particular airport to a person; and

                (c)    the person to whom the VIC is issued has held a VIC for that airport for a total of 28 or more days in the previous 12 months.

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).

         (3)   If a person has held a VIC for a particular airport for less than a total of 28 days in the previous 12 months, a VIC issuer may issue a VIC for that airport to the person only if the period for which the VIC will be valid will not result in the person holding a VIC for that airport for more than a total of 28 days in a 12 month period.

Note    For exceptions to subregulations (2) and (3), see regulations 6.38G to 6.38I.

         (4)   A person commits an offence if the person:

                (a)    applies for a VIC for a particular airport; and

               (b)    the person knows that he or she has held a VIC for that airport for a total of 28 or more days in the previous 12 months.

Penalty:   20 penalty units.

         (5)   For this regulation, the following must be disregarded when working out how many days a person has held a VIC:

                (a)    a VIC issued by Customs and Border Protection;

               (b)    a VIC issued before 21 November 2011;

                (c)    a VIC issued relying on regulation 6.38G, 6.38H or 6.38I;

               (d)    a VIC issued relying on an exemption under regulation 6.38F.