Commonwealth Consolidated Regulations

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 6.58

         (1)   This regulation sets out what the Secretary must consider in determining that a person has, or does not have, an adverse aviation security status.

         (2)   If the person is an unlawful non-citizen, the Secretary must determine that the person has an adverse aviation security status.

         (3)   If a security assessment of the person was adverse, the Secretary must determine that the person has an adverse aviation security status.

Note    If an adverse or qualified security assessment about a person is provided to a Commonwealth body, the body must notify the person in writing within 14 days (including a copy of the assessment) and must notify him or her how to apply to the Administrative Appeals Tribunal for review of the assessment -- see the Australian Security Intelligence Organisation Act 1979 , section 38.

         (4)   If a security assessment of the person was qualified, the Secretary must consider the reasons for the assessment being qualified, and whether the holding of a security designated authorisation by the person would constitute a threat to aviation security.

         (5)   If the person has an adverse criminal record (within the meaning given by subregulation 6.57 (4)), the Secretary must consider:

                (a)    the nature of the offence the person was convicted of; and

               (b)    the length of the term of imprisonment imposed on him or her; and

                (c)    if he or she has served the term, or part of the term -- how long it is, and his or her conduct and employment history, since he or she did so; and

               (d)    if the whole of the sentence was suspended -- how long the sentence is, and his or her conduct and employment history, since the sentence was imposed; and

                (e)    anything else relevant that the Secretary knows about.