Commonwealth Consolidated Regulations

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 6.43

         (2)   An issuing body must immediately cancel an ASIC issued by the body if:

                (a)    the body finds out that the ASIC was not issued in accordance with the body's ASIC program or this Division; or

               (b)    the Secretary has notified the issuing body in writing that a security assessment of the holder was adverse; or

              (ba)    the Secretary or the Secretary AGD has notified the issuing body in writing that the holder is the subject of a qualified security assessment; or

                (c)    the body finds out that the holder is or has become an unlawful non-citizen; or

               (d)    subject to subregulation (2A), the issuing body has received a notice from the Secretary AGD that the holder has an adverse criminal record; or

             (da)    the issuing body has received a notice from the Secretary AGD that the holder has a qualified criminal record and the holder's ASIC is to expire later than 1 year after the last day of the month in which the background check, undertaken when the holder applied for his or her ASIC, was completed; or

             (db)    the holder does not consent to a background check or does not comply with subregulation 6.41 (1) and, if requested, subregulation 6.41 (2); or

                (e)    the holder no longer has an operational need to enter a secure area.

      (2A)   For paragraph (2) (d), an issuing body must not cancel an ASIC that was:

                (a)    issued with the Secretary's approval under regulation 6.29 ; or

               (b)    reinstated under regulation 6.43C;

if the notice that the holder has an adverse criminal record relates to an application for a new ASIC.

         (3)   An issuing body must cancel an ASIC issued by the body to a person who was, at the time of issue, under 18, if, by 3 months after the person's 18th birthday, he or she has not given the issuing body a signed consent to:

                (a)    a criminal records check; and

               (b)    a security assessment.

      (3A)   An issuing body commits an offence if the issuing body is required to cancel an ASIC under subregulation (2) or (3) and fails to do so.

Penalty:   100 penalty units.

         (4)   An issuing body may cancel an ASIC issued by the body if:

                (a)    the holder contravenes Subdivision 3.2.1, or a condition of the ASIC; or

               (b)    the ASIC is altered or defaced (permanently or temporarily).

      (4A)   An issuing body may cancel an ASIC issued by the body if:

                (a)    the ASIC included a condition that it would be cancelled if the holder changed employer, contractor for services or volunteer organisation; and

               (b)    the holder changed employer, contractor for services or volunteer organisation.

         (5)   For paragraph (4) (a), the issuing body must consider:

                (a)    the kind and seriousness of each contravention; and

               (b)    whether the holder has previously contravened Subdivision 3.2.1 or a condition of the ASIC.

         (6)   As soon as practicable after an issuing body cancels an ASIC under subregulation (2), (3), (4) or (4A), the issuing body must:

                (a)    tell the holder, in writing, that the card has been cancelled and the reasons for the cancellation; and

               (b)    tell the Secretary AGD about the cancellation, using the AusCheck facility.

Penalty:   10 penalty units.

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.

         (7)   A cancellation under subregulation (2), (3) or (4) takes effect when the holder is notified of it in writing.