Commonwealth Consolidated Regulations

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 6.43F

         (1)   An issuer must immediately cancel a VIC or TAC issued by the issuer (or its agent) if the issuer finds out that:

                (a)    the VIC or TAC was not issued in accordance with this Division; or

               (b)    if the issuer is an airport operator or a Secretary-approved VIC issuer -- the VIC or TAC was not issued in accordance with the TSP of the issuer; or

                (c)    the VIC or TAC holder has, at any time, had an ASIC cancelled under paragraph 6.43 (2) (b), (c), (d) or (db).

         (2)   However, paragraph (1) (c) does not apply if the cancellation was set aside and the ASIC reinstated.

         (3)   An issuer must cancel a VIC or TAC issued by the issuer (or its agent) if:

                (a)    the holder of the VIC or TAC also holds an ASIC; and

               (b)    the issuer finds out that the Secretary has directed the issuing body that issued the ASIC to suspend the ASIC under regulation 6.42A.

         (4)   An issuer commits an offence if the issuer is required to cancel a VIC or TAC under subregulation (1) or (3) and fails to do so.

Penalty:   100 penalty units.

         (5)   An issuer may cancel a VIC or TAC issued by the issuer (or its agent) if:

                (a)    the holder of the VIC or TAC contravenes Subdivision 3.2.1; or

               (b)    if the card is a VIC -- the holder of the VIC contravenes a condition of the VIC; or

                (c)    the VIC or TAC is altered or defaced (permanently or temporarily).

         (6)   For paragraphs (5) (a) and (b), the issuer must consider:

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

               (b)    whether the holder of the VIC or TAC has previously contravened Subdivision 3.2.1 or a condition of any ASIC or VIC the person has held.

         (7)   As soon as practicable after an issuer cancels a VIC or TAC under this regulation, the issuer must tell the holder of the VIC or TAC that the VIC or TAC has been cancelled and the reasons for the cancellation.

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.

         (8)   A cancellation under this regulation takes effect when the holder is notified of the cancellation.