Commonwealth Consolidated Regulations

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AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 6.41

Obligation of ASIC holders -- conviction of aviation- security-relevant offence

         (1)   If the holder of an ASIC is convicted and sentenced for an aviation-security-relevant offence, the holder must notify the issuing body or the Secretary AGD in writing of the following matters within 7 days:

                (a)    his or her name, date of birth and residential address;

               (b)    the number of his or her ASIC or ASICs;

                (c)    the date he or she was convicted and sentenced;

               (d)    the court in which he or she was convicted;

                (e)    whether he or she gives consent for:

                          (i)    his or her identity to be confirmed; and

                         (ii)    a new background check to be undertaken; and

                        (iii)    the outcome of the background check to be provided to the issuing body, if the outcome will adversely affect his or her ability to continue holding the ASIC.

Penalty:   50 penalty units.

Note    For the meaning of aviation-security-relevant offence and background check , see regulation 6.01.

         (2)   The issuing body or the Secretary AGD may, if not satisfied that all of the information mentioned in subregulation (1) has been provided, request that the holder provide that information within 14 days.

         (3)   For paragraph (1) (e), consent is given if the holder gives consent and information requested to confirm his or her identity to:

                (a)    if the holder notified the issuing body under subregulation (1) -- the issuing body; or

               (b)    if the holder notified the Secretary AGD under subregulation (1) -- the Secretary AGD.

         (4)   The Secretary AGD must tell the issuing body if the holder:

                (a)    notifies the Secretary AGD under subregulation (1); and

               (b)    does not:

                          (i)    give his or her consent under paragraph (1) (e); or

                         (ii)    comply with:

                                   (A)     all of the requirements of subregulation  (1); and

                                   (B)     any request under subregulation (2) within 14 days after the request.



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