3The responsibility under regulation 6.38E to comply with the 28 day rule.

3 The responsibility under regulation 6.38E to comply with the 28 day rule.  (2) A VIC issuer must ensure that the following are kept secure at all times:  (a) unissued VICs;  (b) software and systems used for producing VICs.  (3) A VIC issuer must ensure that:  (a) all areas used for producing VICs are not accessible by the general public; and  (b) access to all areas used for producing VICs is controlled by access control systems or persons employed to issue VICs.  (4) If a VIC issuer needs to use, transport, store or destroy information about VICs or VIC holders, the information must be used, transported, stored or destroyed securely.  (5) A VIC issuer must comply with the Australian Privacy Principles set out in Schedule 1 to the Privacy Act 1988 in relation to information about VICs or VIC holders. 6.40A  Obligations of VIC holder  (a) the person is a VIC holder; and  (b) the person is refused an ASIC; and  (c) the person does not, before the end of 7 working days after the person becomes aware of the refusal, inform the VIC issuer that issued the VIC, in writing, of the refusal. 6.41  Obligation of applicants for, and holders of, ASICs—conviction of aviation‑security‑relevant offence  (1A) Subregulation (1) applies if a person who is an applicant for, or the holder of, an ASIC is:  (a) convicted of and sentenced for a tier 1 offence or a tier 2 offence; or  (b) convicted of, and sentenced to imprisonment for, a tier 3 offence.  (1) Within 7 days after being sentenced, the person must notify the issuing body or the Secretary, in writing, of the following matters:  (a) his or her name, date of birth and residential address;  (b) if he or she holds one or more ASICs—the unique number of each ASIC held;  (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 hold an ASIC or to continue holding the ASIC. Note: For the meaning of aviation‑security‑relevant offence and background check, see regulation 6.01.  (2) The issuing body or the Secretary may, if not satisfied that all of the information mentioned in subregulation (1) has been provided, request that the person provide that information within 14 days.  (3) For paragraph (1)(e), consent is given if the person gives consent and information requested to confirm his or her identity to:  (a) if the person notified the issuing body under subregulation (1)—the issuing body; or  (b) if the person notified the Secretary under subregulation (1)—the Secretary.  (4) The Secretary must tell the issuing body if the person:  (a) notifies the Secretary 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. 6.41A  Obligation on issuing body notified under regulation 6.41   If an issuing body is notified under regulation 6.41 by a person who is an applicant for, or the holder of, an ASIC, the issuing body must apply to the Secretary AGD for a background check on the person before the end of 2 working days after the person:  (a) notifies his or her consent under paragraph 6.41(1)(e); and  (b) provides any information requested under subregulation 6.41(2). 6.42  Obligation of applicants for, and holders of, ASICs—change of name  (1) If a person who is an applicant for, or the holder of, an ASIC changes his or her name, he or she must notify the issuing body to which the application was made or the issuing body that issued the ASIC (as the case may be) of the change, in accordance with subregulation (2), within 30 days after the change.  (2) The person must:  (a) notify the issuing body in person; and  (b) at the same time, give the issuing body an original of a current and valid document, showing the new name, which was issued to the person by a Commonwealth, State or Territory Department or agency.  (4) The issuing body must notify AusCheck of the change of name, using the AusCheck facility, within 7 days. Note: If the person is the holder of an ASIC, the issuing body is authorised to issue a replacement ASIC—see regulation 6.35. Subdivision 6.5.4—Suspension of ASICs 6.42A  Suspension of ASICs—Secretary’s direction  (1) The Secretary may, in writing, direct an issuing body to suspend an ASIC if:  (a) the holder of the ASIC has been convicted of an aviation‑security‑relevant offence, but has not yet been sentenced for the offence; and  (b) the Secretary reasonably considers that either:  (i) the holder of the ASIC constitutes a threat to aviation security; or  (ii) there is a risk that the holder of the ASIC may use aviation in connection with serious and organised crime.  (2) In considering whether subparagraph (1)(b)(i) or (ii) applies, the Secretary must consider:  (a) the type of offence for which the holder was convicted and the circumstances in which the offence was committed; and  (b) the effect the suspension may have on the holder’s employment; and  (c) the location of the area where the holder is employed; and  (d) whether the holder is employed in a landside security zone or airside area; and  (3) If the Secretary makes a direction under subregulation (1), the Secretary must tell the Secretary AGD, in writing, about the direction. 6.42B  Suspension of ASIC by issuing body  (1) An issuing body must immediately suspend an ASIC issued by the body if directed to do so by the Secretary.  (2) As soon as practicable after the issuing body suspends the ASIC, the body must tell the holder of the ASIC, in writing, that the ASIC has been suspended and the reasons for the suspension.  (3) The suspension takes effect when the holder is told about the suspension.  (4) If the ASIC is a red ASIC or a grey ASIC, the holder of the ASIC must return the ASIC to the issuing body for the ASIC not later than 7 days after the holder is told in writing that the ASIC has been suspended.  (5) An offence against subregulation (4) is an offence of strict liability. 6.42C  Period of suspension of ASIC  (1) Unless subregulation (2) applies, the suspension of an ASIC continues until the ASIC is cancelled or expires.  (2) If:  (a) the Secretary notifies the issuing body that issued the ASIC of the outcome of a background check of the holder of the ASIC; and  (b) the issuing body is not required under regulation 6.43 to cancel the ASIC; the suspension of the ASIC ends on the day after the issuing body is notified. Note: Provisions relating to the conduct of a background check when the holder of an ASIC has been convicted of an aviation‑security‑relevant offence include regulations 6.27AA and 6.41 of these Regulations, and section 8 of the AusCheck Regulations 2017. 6.42D  Suspension of temporary ASIC  (1) This regulation applies if a person holds:  (a) an ASIC that is suspended under regulation 6.42B; and  (b) a temporary ASIC.  (2) The temporary ASIC is suspended:  (a) when the ASIC is suspended under regulation 6.42B; and  (b) for the period the ASIC is suspended. 6.42E  Report to Secretary of suspension of ASIC  (1) If an issuing body suspends an ASIC, the body must, not later than 7 days after the ASIC is suspended, tell the Secretary, in writing:  (a) about the suspension; and  (b) the name, date of birth and residential address of the holder of the ASIC; and  (c) if applicable, the name and address of the ASIC holder’s employer.  (2) The Secretary may tell the holder’s employer that the ASIC has been suspended if the Secretary considers on reasonable grounds that doing so may help to prevent unlawful interference with aviation. Subdivision 6.5.5—Cancellation and other matters concerning ASICs, VICs and TACs 6.42F  Definition issuer means the following:  (a) for an ASIC—the issuing body that issued the ASIC;  (b) for a VIC issued by an airport operator or its agent—the airport operator;  (c) for a VIC issued by a Secretary‑approved VIC issuer or its agent—the Secretary‑approved VIC issuer;  (d) for a VIC issued by the Comptroller‑General of Customs—the Comptroller‑General of Customs;  (da) for a VIC issued by the Director‑General of Security—the Director‑General of Security;  (e) for a TAC—the aircraft operator that issued the TAC. 6.43  Cancellation of ASICs  (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  (bb) the Secretary has notified the issuing body in writing that the Department has been given an adverse criminal intelligence assessment that indicates the Chief Executive Officer of the Australian Crime Commission reasonably believes that preventing the holder from holding an ASIC is necessary or desirable to prevent the use of aviation in connection with serious and organised crime; and  (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 Secretary advises the issuing body that a background check of the holder has been cancelled under section 11A of the AusCheck Regulations 2017; 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  (dc) both of the following apply:  (i) an application for a background check of the holder is made under regulation 6.27AA of these Regulations or subsection 9(2) or 16A(3) of the AusCheck Regulations 2017;  (ii) the Secretary AGD advises the issuing body under section 15A of the AusCheck Regulations 2017 that the background check is cancelled; or  (e) for a red ASIC or a grey ASIC—the holder no longer has an operational need to enter a secure area; or  (f) the issuing body finds out that the ASIC has been lost, stolen or destroyed; or  (g) the issuing body issues a replacement ASIC under regulation 6.35 for a reason referred to in subparagraph 6.35(1)(a)(iii) (change of name) or 6.35(1)(a)(iv) (operational need for replacement ASIC); or  (h) the issuing body finds out that the holder has changed his or her name, and the holder has not asked the issuing body to issue a replacement ASIC under regulation 6.35.  (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:  (c) the notice that the holder has an adverse criminal record relates to an application for a new ASIC; or  (d) the Secretary advises the issuing body that there has been no material change in the holder’s criminal history.  (3A) An issuing body commits an offence if the issuing body is required to cancel an ASIC under subregulation (2) and fails to do so.  (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), (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. Note: See section 266 of the Administrative Review Tribunal Act 2024 for the requirements for the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.  (7) Subject to subregulations (8) and (9), a cancellation under subregulation (2) or (4) takes effect when the holder is notified of it in writing.  (8) A cancellation under paragraph (2)(f) takes effect when the issuing body finds out that the ASIC has been lost, stolen or destroyed.  (9) A cancellation under paragraph (2)(g) takes effect when the replacement ASIC is issued. 6.43A  Reinstatement of cancelled ASIC—application  (1) This regulation applies if an ASIC is cancelled by an issuing body in accordance with paragraph 6.43(2)(ba) or (d).  (2) The former holder of the ASIC or the issuing body may apply to the Secretary, in writing, for the cancellation to be set aside.  (2A) However, an application must not be made if the former holder of the ASIC has been convicted of a tier 1 offence.  (3) The application must be made not later than 28 days after the former holder of the ASIC is told about the cancellation.  (4) The Secretary may, on application in writing by the former holder of the ASIC or the issuing body, extend the time for making the application.  (5) If the Secretary needs more information to deal with an application, the Secretary may ask the former holder of the ASIC or the issuing body, in writing, for the information.  (6) If the Secretary receives an application under subregulation (2), the Secretary may request information about the former holder of the ASIC from the Secretary AGD.  (7) If the Secretary has asked for more information under subregulation (5), and does not receive the information within 30 days of asking for it, the Secretary may close the application and regulations 6.43B and 6.43C do not apply. Note: Closing an application is not a refusal to issue an ASIC.  (8) The Secretary may, on application in writing by the former holder of the ASIC or the issuing body, extend the time for providing the information.  (9) If an application was closed under subregulation (7) and the Secretary extends the time in which the former holder of the ASIC or the issuing body may provide the information, the application is not reopened until the Secretary receives the information. 6.43B  Reinstatement of ASIC cancelled for qualified security assessment—Secretary’s decision  (a) an ASIC is cancelled in accordance with paragraph 6.43(2)(ba); and  (b) the Secretary receives:  (i) an application mentioned in subregulation 6.43A(2) from the former holder of the ASIC or the issuing body for the ASIC; or  (ii) any information for which the Secretary asks the former holder of the ASIC or the issuing body under subregulation 6.43A(5).  (2) If the Secretary is satisfied on reasonable grounds that setting aside the cancellation of the ASIC would not constitute a threat to aviation security, the Secretary must set aside the cancellation.  (3) If the Secretary is satisfied on reasonable grounds that setting aside the cancellation of the ASIC would constitute a threat to aviation security, the Secretary must refuse to set aside the cancellation.  (4) Subject to subregulation (5), within 30 days after the Secretary receives the application or, if subparagraph (1)(b)(ii) applies, within 30 days after the Secretary receives the information, the Secretary must:  (a) decide whether to set aside the cancellation of the ASIC; and  (b) if the Secretary decides to set aside the cancellation—tell the following persons, in writing, about the decision and any condition under regulation 6.43D to which the setting aside is subject:  (i) the former holder of the ASIC;  (c) if the Secretary refuses to set aside the cancellation:  (i) tell the former holder of the ASIC, in writing, about the decision and the reasons for it; and  (ii) if the application mentioned in subregulation 6.43A(2) was made by the issuing body—tell the issuing body, in writing, about the decision. Note: For a person’s notification and review rights in relation to a qualified security assessment, see section 38 and Division 4 of Part IV of the Australian Security Intelligence Organisation Act 1979.  (5) The Secretary may extend the period for making a decision mentioned in paragraph (4)(a) by a further period not exceeding 60 days if the Secretary:  (a) tells the person who made the application mentioned in subregulation 6.43A(2), in writing, about extending the period for making the decision; and  (b) tells the person mentioned in paragraph (a) within 30 days after the Secretary receives the application or, if subparagraph (1)(b)(ii) applies, within 30 days after the Secretary receives the requested information.  (6) If the Secretary does not make a decision mentioned in paragraph (4)(a) within the period mentioned in subregulation (4) or, if the period is extended under subregulation (5), within the extended period, the Secretary is taken to have refused to set aside the cancellation of the ASIC. 6.43C  Reinstatement of ASIC cancelled for adverse criminal record—Secretary’s decision  (a) an ASIC is cancelled in accordance with paragraph 6.43(2)(d); and  (b) the Secretary receives:  (i) an application mentioned in subregulation 6.43A(2) from the former holder of the ASIC or the issuing body for the ASIC; or  (ii) any information for which the Secretary asks the former holder of the ASIC or the issuing body under subregulation 6.43A(5).  (2) Within 30 days after the Secretary receives the application or, if subparagraph (1)(b)(ii) applies, within 30 days after the Secretary receives the information, the Secretary must:  (a) decide whether there is a threat to aviation security if the cancellation of the ASIC was set aside; and  (b) decide whether to set aside the cancellation of the ASIC; and  (c) if the Secretary decides to set aside the cancellation—tell the following persons, in writing, about the decision and any condition under regulation 6.43D to which the setting aside is subject:  (i) the former holder of the ASIC;  (d) if the Secretary refuses to set aside the cancellation:  (i) tell the former holder of the ASIC, in writing, about the decision and the reasons for it; and  (ii) if the application mentioned in subregulation 6.43A(2) was made by the issuing body—tell the issuing body, in writing, about the decision.  (3) Before making a decision mentioned in paragraph (2)(a), the Secretary must consider:  (a) the type and length of any term of imprisonment imposed on the former holder; and  (b) if the former holder has served the term, or part of the term—how long it is, and the former holder’s conduct, since the term was served; and  (c) the nature of the offence, or offences, for which the former holder was convicted; and  (d) whether the former holder was convicted of the offence before becoming the holder of an ASIC; and  (e) the effect on the former holder’s employment of cancellation of the ASIC; and  (f) the location of the secure area where the former holder was employed; and  (g) whether the former holder is or was employed in a landside security zone or airside area; and  (h) anything else relevant that the Secretary knows about.  (4) If the Secretary does not make a decision mentioned in paragraph (2)(b) within the period mentioned in subregulation (2), the Secretary is taken to have refused to set aside the cancellation of the ASIC. 6.43D  Reinstatement of ASIC subject to condition   The Secretary may set aside a cancellation mentioned in regulation 6.43B or 6.43C subject to a condition. Example: A condition that background checking is conducted at stated intervals. 6.43E  When issuing body must reinstate cancelled ASIC   If an issuing body is notified by the Secretary under subparagraph 6.43B(4)(b)(ii) or 6.43C(2)(c)(ii), the issuing body must:  (a) reinstate to the former holder his or her ASIC; and  (b) tell the Secretary AGD about the ASIC being reinstated, using the AusCheck facility. 6.43F  Cancellation of VICs and TACs  (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), (bb), (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 a red ASIC or a grey 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.  (3A) An issuer must immediately cancel a VIC issued by the issuer (or its agent) if the issuer finds out that the holder of the VIC has, at any time, been refused an ASIC.  (3B) However, subregulation (3A) does not apply if the refusal was set aside.  (4) An issuer commits an offence if the issuer is required to cancel a VIC or TAC under subregulation (1), (3) or (3A) and fails to do so.  (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. Note: See section 266 of the Administrative Review Tribunal Act 2024 for the requirements for the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.  (8) A cancellation under this regulation takes effect when the holder is notified of the cancellation. 6.44  Report of cancellation of ASICs, VICs and TACs in certain cases  (1) If an issuer cancels:  (a) an ASIC in the circumstances mentioned in paragraph 6.43(2)(c) or (d); or  (b) a VIC or TAC because the issuer finds out the holder has had an ASIC cancelled in the circumstances mentioned in paragraph 6.43(2)(c) or (d); or  (c) a VIC under subregulation 6.43F(3A); the issuer must, within 7 days of the cancellation, give the Secretary a written report that sets out the holder’s name, address and date of birth, and the reasons for the cancellation.  (1A) Subregulation (1) does not apply in relation to the residential address of a person:  (a) whose VIC was cancelled as mentioned in paragraph (1)(b) or (c); and  (b) whose residential address is not required to be on a particular register because of subregulation 6.25A(3).  (2) The Secretary may pass the information on to other issuers if the Secretary thinks that doing so will help to prevent unlawful interference with aviation or the use of aviation in connection with serious and organised crime. 6.44A  Notifying airport operator or employer of suspended or cancelled ASIC  (1) If a red ASIC or a grey ASIC is suspended or cancelled by an issuing body that is not the airport operator of the airport where the ASIC was valid, the Secretary may notify the airport operator, or the employer of the former ASIC holder, of the suspension or cancellation.  (2) If an ASIC is suspended or cancelled by an issuing body that is not the employer of the former ASIC holder, the Secretary may notify the employer of the former ASIC holder of the suspension or cancellation. 6.45  Return of red ASICs, grey ASICs, VICs and TACs that have expired etc.  (a) the person is the holder of a red ASIC or a grey ASIC; and  (b) the holder does not return the ASIC to the issuing body within 1 month after:  (i) the ASIC expires; or  (ii) the holder is notified that the ASIC has been cancelled; or  (iii) the ASIC has been damaged, altered or defaced (permanently or temporarily); or  (iv) the holder no longer has an operational need to enter the relevant secure area.  (a) the person is the holder of a VIC; and  (b) the holder does not return the VIC to the VIC issuer within 7 days after:  (i) the VIC expires, and subregulation (3) does not apply; or  (ii) the holder is notified that the VIC has been cancelled; or  (iii) the VIC has been damaged, altered or defaced (permanently or temporarily); or  (iv) the holder no longer needs to enter the relevant secure area.  (3) The holder of the VIC does not need to return the VIC to the VIC issuer within 7 days after the VIC expires if:  (a) all of the following apply:  (i) the VIC was issued by an airport operator (or its agent) or a Secretary‑approved VIC issuer (or its agent);  (ii) the issuer’s TSP sets out circumstances in which a VIC does not need to be returned to the VIC issuer within 7 days after the VIC expires;  (iii) the Secretary has approved the part of the TSP that sets out the circumstances;  (iv) one or more of the circumstances apply to the VIC holder; or  (i) the Comptroller‑General of Customs issued the VIC;  (ii) the Secretary has notified the Comptroller‑General of Customs, in writing, that, in particular circumstances, a VIC does not need to be returned to the Comptroller‑General of Customs within 7 days after the VIC expires;  (iii) one or more of the circumstances apply to the VIC holder; or  (c) all of the following apply:  (i) the Director‑General of Security issued the VIC;  (ii) the Secretary has notified the Director‑General of Security, in writing, that, in particular circumstances, a VIC does not need to be returned to the Director‑General of Security within 7 days after the VIC expires;  (iii) one or more of the circumstances apply to the VIC holder.  (4) If the holder of a VIC does not return the VIC to the VIC issuer, the VIC issuer must take reasonable steps to tell any of the following that the VIC needs to be returned:  (a) the VIC holder;  (b) the ASIC holder who supervised the VIC holder;  (c) the VIC holder’s employer.  (5) A person commits an offence if:  (a) the person is the holder of a TAC; and  (b) the holder does not return the TAC to the issuer within 7 days after:  (i) the TAC expires; or  (ii) the holder is notified that the TAC has been cancelled; or  (iii) the TAC has been damaged, altered or defaced (permanently or temporarily); or  (iv) the holder no longer needs to enter the relevant secure area.  (6) An offence under subregulation (1), (2) or (5) is an offence of strictly liability.  (7) For this regulation, if a VIC was issued by an agent of an airport operator or a Secretary‑approved VIC issuer, the VIC issuer is either the agent, or the airport operator or Secretary‑approved VIC issuer who authorised the agent. 6.46  Notification of lost, stolen or destroyed ASICs, VICs and TACs  (a) the person is the holder of a red ASIC, grey ASIC, VIC or TAC; and  (b) the ASIC, VIC or TAC has been lost, stolen or destroyed; and  (c) the holder of the ASIC, VIC or TAC knows about the loss, theft or destruction; and  (d) the holder does not, within 7 days of becoming aware of the loss, theft or destruction, give the issuing body:  (i) a copy of a police report, or other information issued by the police, regarding the theft; or  (ii) a statutory declaration setting out the circumstances of the loss or destruction.  (2) Strict liability applies to paragraph (1)(d).  (3) Subregulation (1) does not apply if the ASIC, VIC or TAC has been destroyed by the issuer that issued it. 6.47  Cancellation of ASICs, VICs or TACs at holder’s request  (1) An issuer must cancel an ASIC, a VIC or a TAC it issued if the holder of the ASIC, VIC or TAC asks the issuer to cancel it.  (2) A cancellation under subregulation (1) (other than the cancellation of a white ASIC) takes effect when the ASIC, VIC or TAC is returned to the issuer.  (3) The cancellation of a white ASIC under subregulation (1) takes effect when the issuer receives the request. 6.48  Disqualification from holding ASICs for contravening display requirements  (1) If regulation 3.03 is contravened by the holder of a red ASIC or a grey ASIC 3 times or more within a period of 2 years, he or she is disqualified from holding a red ASIC or a grey ASIC for the longer of:  (a) the remaining period of validity of the ASIC; or  (b) 1 year.  (2) The holder must return the ASIC to the issuing body within 1 month. 6.49  Minister may recall ASICs, VICs and TACs  (1) The Minister may direct in writing that all ASICs, VICs or TACs (or classes of ASICs, VICs or TACs) are cancelled.  (2) For subregulation (1), a class of ASICs, VICs or TACs may be defined by reference to the issuer that issued them or in any other way.  (3) A direction under subregulation (1) must be published:  (a) in the Gazette; and  (b) on 2 separate occasions at least 1 week apart in a daily newspaper that circulates throughout Australia, or in 2 or more daily newspapers that together circulate throughout Australia.  (4) A direction under subregulation (1) has effect 1 month after the second or last publication required by paragraph (3)(b). 6.50  Sample ASICs, VICs and TACs for training purposes  (1) An issuer may issue a sample ASIC, VIC or TAC bearing the name and image of a fictitious person, or otherwise not conforming to the design of a genuine ASIC, VIC or TAC, for use in training.  (2) A sample ASIC, VIC or TAC must be clearly marked to distinguish it from a genuine ASIC, VIC or TAC.  (3) Subject to subregulation (2), the form and content of a sample ASIC, VIC or TAC may be decided by the issuer. Division 6.6—Powers of security officers in relation to ASICs, VICs and TACs 6.52  Definition—security officer security officer means:  (b) an airport security guard; or  (c) an aviation security inspector; or  (d) an eligible customs officer. 6.53  Directions to show valid ASICs, VICs and TACs exempt person, in relation to a part of the secure area of a security controlled airport, means somebody who, under the Act or these Regulations, is not required to properly display a valid ASIC, valid VIC or valid TAC in that part of that area.  (2) Subject to subregulation (2A), if:  (a) a security officer knows, or has reason to believe, that a person who is in a part of a security controlled airport is required under these Regulations to properly display a valid ASIC, valid VIC or valid TAC; but  (b) the person is apparently not properly displaying a valid ASIC, valid VIC or valid TAC; the security officer may (unless the security officer knows the person to be an exempt person in relation to that part of the airport) direct the person to show him or her a valid ASIC, valid VIC or valid TAC.  (2A) At a security controlled airport from or to which no screened air service operates, subregulation (2) applies only during a traffic period for the airport.  (3) Before giving a person a direction under subregulation (2), a security officer must show the person:  (a) the officer’s identity card; or  (b) another appropriate form of identification.  (4) A person (other than a person who is an exempt person for the area or part) must comply with a direction of a security officer under subregulation (2).  (5) If an exempt person is given a direction by a security officer under subregulation (2), the exempt person must show the security officer identification that establishes that he or she is an exempt person. Division 6.7—Security designated authorisations 6.54  Definitions for Division issue, used in relation to a security designated authorisation, includes grant.  (2) For the purposes of this Division, an aviation security status check of a person includes:  (a) if the person is not an Australian citizen, a check as to whether the person is an unlawful non‑citizen; and  (b) a check of police records to find out whether the person has a criminal record; and  (c) a security assessment of the person.  (3) Unless the contrary intention appears:  (a) an expression used in this Division that is also used in Division 9 of Part 4 of the Act has the same meaning in this Division as in that Division of the Act; and  (b) an expression used in this Division that is also used in regulations made under the Civil Aviation Act 1988 has the same meaning in this Division as in those regulations. Note: The holder of a flight crew licence must hold a red ASIC or a grey ASIC (and therefore must have a background check done) to enter the secure area of a security controlled airport—see regulation 3.03. 6.55  Exercise of privileges of flight crew licences etc  (1) A person who holds a security designated authorisation must not perform a duty that is essential to the operation of an aircraft while the aircraft is in Australian territory if the Secretary:  (a) has determined that the person has an adverse aviation security status; and  (b) has given a copy of the determination to the person. Note: A flight crew licence is a security designated authorisation (see regulation 1.08 and section 74G of the Act).  (2) Subject to subregulation (4), a person who is over 18, and holds a security designated authorisation, must not perform a duty that is essential to the operation of an aircraft while the aircraft is in Australian territory unless:  (a) his or her aviation security status check is current; or  (b) he or she has requested an aviation security status check.  (3) For paragraph (2)(a), a person’s aviation security status check is current at a particular time if:  (a) it was carried out no more than 5 years before that time; or  (b) he or she has requested that a new check be carried out; or  (c) within the previous 2 years, he or she underwent a background check for the issue of an ASIC.  (4) If a security designated authorisation is issued to a person who is under 18, subregulation (2) does not have effect in relation to him or her until 3 months after his or her 18th birthday. 6.55A  Functions of CASA  (1) For paragraph 74H(1)(j) of the Act, CASA may collect, on behalf of the Commonwealth, any fee payable for the determination by the Secretary of the aviation security status of an applicant for, or the holder of, a security designated authorisation.  (2) For paragraph 74H(1)(k) of the Act, the function is conferred upon CASA of determining, under subsection 74G(1) of the Act, that a person has an adverse aviation security status.  (3) For paragraph 74H(1)(l) of the Act, the Director of CASA may delegate any or all of CASA’s functions and powers under this Division to a person holding, or performing the duties of, an office or position within CASA that is at a level equivalent to that of an SES employee.  (4) For paragraphs 74H(1)(k) and (m) of the Act, the following functions, incidental to the function referred to in subregulation (2), are conferred upon CASA:  (a) obtaining checks by the Australian Federal Police and the Immigration Department, and security assessments, in relation to holders of, or applicants for, security designated authorisations;  (b) assessing the results of those checks and assessments. 6.56  Request for aviation security status check  (1) The holder of a security designated authorisation, or an applicant for such an authorisation, who is over 18 may request that an aviation security status check be carried out.  (2) The application:  (a) must be in writing on the form approved by CASA for the purpose; and  (b) must be accompanied by the applicable fee prescribed by the Civil Aviation (Fees) Regulations 1995. 6.56A  Authorisation of certain disclosures of personal information  (1) For the purpose of carrying out an aviation security status check in relation to a person, CASA and the Department are authorised to disclose personal information about the person to the following:  (a) the Australian Federal Police;  (b) the Immigration Department;  (c) the Australian Security Intelligence Organisation.  (2) For that purpose, the Australian Federal Police is authorised to disclose personal information about the person to the police force or police service of each State and Territory.  (3) For the purpose of enabling CASA or the Secretary to determine a person’s aviation security status:  (a) each agency mentioned in paragraphs (1)(a), (b) and (c) is authorised to disclose personal information about the person to CASA and the Department; and  (b) the police force or police service of each State and Territory is authorised to disclose personal information about the person to the Australian Federal Police. 6.57  Flight crew licences etc—requirements in relation to issue  (1) Despite anything in regulations under the Civil Aviation Act 1988, and subject to subregulations (2) and (3), CASA is not to issue a security designated authorisation to a person unless:  (a) the person has verified his or her identity by showing CASA a Category A identification document for the person and either:  (i) a Category B identification document for the person; or  (ii) 2 Category C identification documents for the person; and  (i) he or she has shown CASA his or her Australian birth certificate, Australian passport or Australian naturalisation certificate; or  (ii) CASA is satisfied that he or she is not an unlawful non‑citizen; and  (c) an aviation security status check has shown that the person does not have an adverse criminal record; and  (d) CASA has been notified in writing that a security assessment of the person has been made, and is not adverse or qualified. Note: If the Secretary has determined that the person has an adverse aviation security status, CASA must refuse the application—see the Act, section 74G.  (2) In the case of a person who is under 18, CASA may issue the authorisation to him or her despite paragraphs (1)(c) and (d) if he or she meets the criteria in paragraphs (1)(a) and (b).  (3) In the case of a person who holds a red ASIC, or a grey ASIC, that is less than 2 years old, CASA may issue the authorisation to him or her despite anything in subregulation (1).  (4) For paragraph (1)(c), a person has an adverse criminal record if he or she:  (a) is, after 10 March 2005, convicted of an aviation‑security‑relevant offence (other than an offence against Part 2 of the Crimes (Aviation) Act 1991 or Part 5.3 of the Criminal Code) and sentenced to imprisonment; or  (b) is convicted of an offence against Part 2 of the Crimes (Aviation) Act 1991 or Part 5.3 of the Criminal Code and sentenced to imprisonment. 6.58  Secretary’s determination whether a person has adverse aviation security status  (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 Review 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 6.58A  Matters to which CASA must have regard in determining aviation security status  (1) Regulation 6.58 has effect in relation to the determination by CASA of a person’s aviation security status as if each reference in that regulation to the Secretary were a reference to CASA.  (2) In the interests of consistent decision‑making, the Secretary may give advice or directions in writing as to principles or policies to be followed in determining whether a person who has an adverse criminal record, or is the subject of a qualified security assessment, has an adverse aviation security status.  (3) In determining whether such a person has an adverse aviation security status, CASA must have regard to any such advice or directions of the Secretary. 6.58B  Notice by CASA of certain decisions   If CASA determines that a person has an adverse aviation security status, CASA must inform the Secretary of:  (a) the person’s name; and  (b) the determination and the reasons for it. 6.59  Conviction of holders of security designated authorisation of aviation‑security‑relevant offences   If the holder of a security designated authorisation is convicted of an aviation‑security‑relevant offence, he or she must notify CASA in writing of the conviction and any sentence within 7 days. Note: For the meaning of aviation‑security‑relevant offence, see regulation 6.01. Division 6.8—Miscellaneous 6.60  Fees  (1) For the purposes of paragraph 133(2)(a) of the Act, an issuing body may charge a person who asks the body to issue an ASIC a fee to recover costs and expenses reasonably incurred by the body in relation to the issue of the ASIC.  (2) A fee charged under subregulation (1) must not be such as to amount to taxation. Part 6A—Information‑gathering   6A.01  Aviation security information—statistical information about VICs  (1) For subsection 111(1) of the Act, statistical information relating to the issue of VICs is aviation security information if the information is not personal information (within the meaning of the Privacy Act 1988) or security compliance information.  (2) Without limiting subregulation (1), the statistical information may include the following:  (a) the number of VICs that were issued during a specified period;  (b) the number of people who were issued a VIC during a specified period;  (c) the number of people who were issued more than one VIC during a specified period;  (d) the number of people who were issued a VIC for more than a specified number of days during a specified period;  (e) the number of VICs that were issued during a specified period to a person without the person confirming his or her identity because the VIC issuer (within the meaning given by subregulation 6.01(1)) determined that there were exceptional circumstances under paragraph 6.38C(3)(c);  (f) the number of VICs that were issued during a specified period relying on regulation 6.38G, 6.38H or 6.38I;  (g) the number of VICs that were not returned in accordance with regulation 6.45 during a specified period;  (h) the number of VICs that were lost, stolen or destroyed during a specified period;  (i) the information mentioned in paragraphs (a) to (h) for VICs issued by an agent (within the meaning given by subregulation 6.01(1)). 6A.02  Aviation security information—information about screening points  (1) For the purposes of section 111 of the Act, the following information relating to a screening point through which persons enter a sterile area of a security controlled airport is prescribed:  (a) the screening authority that operates the screening point;  (b) the airport;  (c) the terminal at which the screening point is located;  (d) the location of the screening point within the terminal;  (e) statistical information relating to screening carried out at the screening point;  (f) without limiting paragraph (e)—the following information relating to screening carried out at the screening point:  (i) the number of persons passing through the screening point in a period;  (ii) if x‑ray equipment fitted with threat image projection software is used for the screening—the information specified by subregulation (2);  (iii) if a walk‑through metal detector is used for the screening—the information specified by subregulation (3);  (iv) if body scanning equipment is used for the screening—the information specified by subregulation (4);  (v) if explosive trace detection equipment is used for the screening—the information specified by subregulation (5). X‑ray equipment fitted with threat image projection software  (2) For the purposes of subparagraph (1)(f)(ii), the following information is specified in relation to x‑ray equipment that is fitted with threat image projection software and used for the screening:  (b) the name and version of the software;  (c) for each threat image projected by the software:  (i) the day and time the image is projected; and  (ii) the type of the threat; and  (iii) the outcome of the projection. Walk‑through metal detector  (3) For the purposes of subparagraph (1)(f)(iii), the following information is specified in relation to a walk‑through metal detector used for the screening:  (a) the make and model of the detector;  (b) the number of persons who pass through the detector in a period. Body scanning equipment  (4) For the purposes of subparagraph (1)(f)(iv), the following information is specified in relation to body scanning equipment used for the screening:  (b) the number of persons scanned using the equipment in a period;  (c) for each scan—the day and time of the scan. Explosive trace detection equipment  (5) For the purposes of subparagraph (1)(f)(v), the following information is specified in relation to explosive trace detection equipment used for the screening:  (b) the number of persons in relation to whom the equipment is used in a period;  (c) the number of double positive results occurring in a period;  (d) for each double positive result—the day and time the double positive result occurs. Part 7—Enforcement   7.01  Purpose and effect of Part  (1) For section 117 of the Act, this Part sets up an infringement notice scheme in relation to alleged offences against the Act and these Regulations as an alternative to prosecution.  (2) This Part does not:  (a) require an infringement notice to be issued to a person for an alleged offence; or  (b) affect the liability of a person to be prosecuted for an alleged offence if an infringement notice is not issued to the person for the offence; or  (c) prevent the issue of 2 or more infringement notices to a person for an alleged offence; or  (d) affect the liability of a person to be prosecuted for an alleged offence if the person does not comply with an infringement notice for the offence; or  (e) limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an offence. 7.02  Definition for Part—authorised person authorised person means:  (b) an airport security guard; or  (c) an aviation security inspector; or  (d) an eligible customs officer. 7.03  Penalty payable under infringement notice The penalty payable under an infringement notice issued under this Part for an alleged offence against the Act or these Regulations is one‑fifth of the maximum penalty that a court could impose for the offence. 7.04  Authorised persons may issue infringement notices  (1) If an authorised person (other than an eligible customs officer) believes on reasonable grounds that a person has committed an offence of strict liability against the Act or these Regulations, the authorised person may, subject to subregulation (2), issue to the person an infringement notice for the alleged offence.  (2) The authorised person must not issue an infringement notice for an alleged offence against subsection 13(1), 46(1), 47(1), 48(1), 54(1), 55(1) or 56(1) of the Act.  (3) If an authorised person who is an eligible customs officer believes on reasonable grounds that a person has committed an offence against subregulation 3.03(1), 3.07(3), 3.07(3A) or 3.12(1), the authorised person may issue to the person an infringement notice for the alleged offence. 7.05  Contents of infringement notice  (1) An infringement notice:  (a) must bear a unique number; and  (b) must state the name of the authorised person who issued it, and:  (i) if he or she is a law enforcement officer—the name of the police force or police service of which he or she is a member, protective service officer or special protective service officer; or  (ii) if he or she is an airport security guard, aviation security inspector or eligible customs officer—that fact; and  (c) must state its date of issue; and  (d) must state the full name, or the surname and initials, and the address, of the person to whom it is issued; and  (e) must give brief details of the alleged offence for which it is issued, including:  (i) the date and time of the alleged offence; and  (ii) where the alleged offence happened; and  (iii) the provision of the Act or these Regulations that was allegedly contravened; and  (f) must state the penalty for the alleged offence payable under the notice; and  (g) must state where and how that penalty can be paid (including, if the penalty can be paid by posting the payment, the place to which it should be posted); and  (h) must state that if the person to whom it is issued (the recipient) pays the penalty within 28 days after the day when the notice is served (or any longer time allowed in writing by an aviation security inspector), then (unless the infringement notice is subsequently withdrawn and any penalty paid refunded):  (i) any liability of the recipient for the alleged offence will be discharged; and  (ii) the recipient will not be prosecuted in a court for the alleged offence; and  (iii) the recipient will not be taken to have been convicted of the alleged offence; and  (i) must state the maximum penalty that a court could impose on the recipient for the alleged offence; and  (j) must state that if the recipient is prosecuted in court and found guilty of the offence, the recipient may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes; and  (k) must state how and to whom the recipient can apply to be allowed more time to pay the penalty; and  (l) must be signed by the authorised person who issued it.  (2) An infringement notice may contain any other information that the authorised person who issues it thinks necessary. 7.06  Service of infringement notices  (1) An infringement notice must be served on the person to whom it is issued.  (2) An infringement notice may be served on an individual:  (a) by giving it to the individual; or  (b) by leaving it at, or by sending it by post, telex, fax or similar facility to, the address of the place of residence or business (the relevant place) of the individual last known to the authorised person who issues it; or  (c) by giving it, at the relevant place, to someone who:  (i) lives or is employed, or apparently lives or is employed, there; and  (ii) is, or the authorised person who issues it has reason to believe is, over 16 years.  (3) An infringement notice may be served on a corporation:  (a) by leaving it at, or by sending it by post, telex, fax or similar facility to, the address of the head office, a registered office or a principal office of the corporation; or  (b) by giving it, at an office mentioned in paragraph (a), to someone who is, or the authorised person who issues it has reason to believe is, an officer or employee of the corporation. 7.07  Time for payment of penalty   The penalty stated in an infringement notice must be paid:  (a) within 28 days after the day on which the notice is served on the person to whom it is issued; or  (b) if the person applies for a further period of time in which to pay the penalty, and that application is granted—within the further period allowed; or  (c) if the person applies for a further period of time in which to pay the penalty, and the application is refused—within 7 days after the notice of the refusal is served on the person; or  (d) if the person applies for the notice to be withdrawn, and the application is refused—within 28 days after the notice of the refusal is served on the person. 7.08  Extension of time to pay penalty  (1) The person to whom an infringement notice is issued (the recipient) may apply, in writing, to an aviation security inspector for a further period of up to 28 days in which to pay the penalty stated in the notice.  (2) Within 14 days after receiving the application, the aviation security inspector must:  (a) grant or refuse a further period not longer than the period sought; and  (b) notify the recipient in writing of the decision and, if the decision is a refusal, the reasons for it.  (3) Notice of the decision may be served on the recipient in any way in which the infringement notice could have been served on the recipient. 7.09  Effect of payment of penalty  (1) If an infringement notice is not withdrawn, and the person to whom it is issued for an alleged offence pays the penalty stated in the notice:  (a) any liability of the person for the alleged offence is discharged; and  (b) the person may not be prosecuted in a court for the alleged offence; and  (c) the person is not taken to have been convicted of the alleged offence.  (2) If 2 or more infringement notices are issued to a person for the same alleged offence, the person’s liability to be prosecuted for the offence ceases if the person pays the penalty stated in any of the notices. 7.10  Withdrawal of infringement notice  (1) Before the end of 28 days after receiving an infringement notice, a person may apply, in writing, to the Secretary for the infringement notice to be withdrawn.  (2) Within 14 days after receiving the application, the Secretary must:  (a) withdraw or refuse to withdraw the notice; and  (b) notify the person in writing of the decision and, if the decision is a refusal, the reasons for the decision.  (3) If the Secretary has not approved, or refused to approve, the withdrawal of the notice within the period allowed by subregulation (2), the Secretary is taken to have refused to approve the withdrawal of the notice.  (4) Before withdrawing or refusing to withdraw a notice, the Secretary must consider:  (a) whether the person has been convicted previously of an offence against the Act or these Regulations; and  (b) the circumstances of the alleged offence stated in the notice; and  (c) whether the person has previously paid a penalty under an infringement notice issued to the person for an alleged offence of the same type as the alleged offence mentioned in the notice; and  (d) any other relevant matter.  (5) The Secretary may also withdraw an infringement notice without an application having been made. 7.11  Notice of withdrawal of infringement notices  (1) Notice of the withdrawal of an infringement notice may be served on a person in any way in which the infringement notice could have been served on the person.  (2) A notice withdrawing an infringement notice served on a person for an alleged offence:  (a) must include the following information:  (i) the full name, or surname and initials, and address of the person;  (ii) the number of the infringement notice;  (iii) the date of issue of the infringement notice; and  (b) must state that the notice is withdrawn; and  (c) if the Secretary intends to prosecute the person in a court for the alleged offence, must state that the person may be prosecuted in a court for the offence. 7.12  Refund of penalty   If an infringement notice is withdrawn after the penalty stated in it has been paid, the Commonwealth must refund the amount of the penalty to the person who paid it. 7.13  Evidence of certain matters in relation to infringement notices  (1) At the hearing of a prosecution for an offence in relation to which an infringement notice has been issued, a certificate of any of the following kinds, signed by or on behalf of the Secretary, is evidence of the facts stated in it:  (a) a certificate stating that:  (i) the infringement notice was served on the alleged offender; and  (ii) the infringement notice penalty has not been paid in accordance with this Part;  (b) a certificate stating that the notice was withdrawn on a day specified in the certificate;  (c) a certificate stating that:  (i) a further period was refused for payment of the infringement notice penalty; and  (ii) the infringement notice penalty has not been paid in accordance with this Part;  (d) a certificate stating that:  (i) the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and  (ii) the infringement notice penalty was not paid in accordance with the notice or within the further time.  (2) A certificate that purports to have been signed by or on behalf of the Secretary is presumed to have been so signed unless the contrary is proved. 7.14  Effect of certain admissions   Evidence of an admission made by a person in an application under regulation 7.10 is not admissible in proceedings against the person for the relevant alleged offence unless the person introduces the application into evidence. 7.15  Matter not to be taken into account in determining sentence   If a person to whom an infringement notice has been issued:  (a) does not pay the infringement notice penalty; and  (b) is prosecuted for, and convicted of, the alleged offence mentioned in the infringement notice; the court must not, in determining the penalty to be imposed, take into account the fact that the person did not pay the infringement notice penalty. Part 8—Reconsideration and review of decisions   8.01  Definitions ART means the Administrative Review Tribunal. ART Act means the Administrative Review Tribunal Act 2024. decision has the same meaning as in the ART Act. Tribunal means the Administrative Review Tribunal. 8.01A  Reconsideration of decisions in relation to ASICs and related matters—decisions of Secretary Decisions in relation to issuing bodies  (1) Application may be made to the Secretary for reconsideration of a decision of the Secretary:  (a) to refuse to exempt an issuing body from giving effect to its ASIC program in a particular case or respect; or  (b) to impose a condition on an exemption; or  (c) to direct an issuing body to vary its ASIC program; or  (d) to refuse to approve a variation of an issuing body’s ASIC program; or  (e) to revoke an issuing body’s authorisation; or  (f) to refuse to revoke an issuing body’s authorisation. Decisions in relation to issue, suspension and cancellation of ASICs  (2) Application may be made to the Secretary for reconsideration of a decision of the Secretary:  (a) to grant, or to refuse to grant, an issuing body an exemption from needing the relevant airport operator’s approval to issue an airport‑specific ASIC to a person for an airport under regulation 6.27A; or  (b) to refuse to approve the issuing of an ASIC; or  (c) to approve the issuing of an ASIC subject to a condition; or  (d) to give the issuing body for an ASIC a direction under subregulation 6.31(3); or  (e) to direct the suspension of an ASIC; or  (f) to refuse to set aside the cancellation of an ASIC under regulation 6.43B or 6.43C; or  (g) to set aside the cancellation of an ASIC subject to a condition under regulation 6.43D. Decisions in relation to wearing and use of ASICs  (3) Application may be made to the Secretary for reconsideration of a decision of the Secretary:  (a) to refuse to exempt somebody from displaying a valid ASIC in a secure area, or part of such an area; or  (b) to impose a condition on such an exemption. 8.01B  If Secretary makes no decision   If a person applies to the Secretary under regulation 8.01A for reconsideration of a decision and, 30 days after making the application, the Secretary has not notified the Secretary’s decision about the application to the applicant, the Secretary is taken to have refused to vary the original decision. 8.02  Review of decisions in relation to ASICs and related matters—decisions of Secretary Reconsideration decisions  (1) Applications may be made to the Tribunal for review of decisions of the Secretary under regulation 8.01A or 8.01B. Decisions in relation to adverse aviation security status  (2) Application may be made under the ART Act to the Tribunal for review of a decision of the Secretary that on the basis of a qualified security assessment, a person has an adverse aviation security status. Note: For review of a decision not to issue a security designated authorisation on grounds other than a person’s adverse aviation security status, see Part 16 of the Civil Aviation Regulations 1988. Decisions relating to alternative identification requirements  (3A) Applications may be made to the Tribunal for review of decisions of the Secretary under regulation 6.27AC to refuse to approve alternative identification requirements for a person. Decisions in relation to the substituted exercise of the powers of an issuing body  (5) Application may be made under the ART Act to the Tribunal for review of a decision of the Secretary:  (a) to authorise, or refuse to authorise, a person to perform the functions, or exercise the powers, of an issuing body; or  (b) to authorise a person to perform the functions or exercise the powers of an issuing body subject to a condition. 8.03  Review of decisions in relation to ASICs and related matters—decisions of issuing bodies   Application may be made under the ART Act to the Tribunal for review of a decision of an issuing body:  (a) to refuse to issue an ASIC to somebody; or  (b) to issue an ASIC subject to a condition; or  (c) to cancel an ASIC. 8.03A  Review of decisions in relation to known consignors  (a) to refuse to approve an applicant as a known consignor; or  (b) to revoke the approval of a person as a known consignor; or  (c) to refuse to accept amendments to a known consignor security program. 8.04  Review of decisions in relation to regulated air cargo agents  (a) to refuse to designate an applicant as a RACA; or  (b) to revoke the designation of a person as a RACA; or  (c) to refuse to accept amendments to a RACA security program. 8.05  Review of decisions in relation to AACAs  (a) to refuse to accredit a person as an AACA; or  (b) to revoke an AACA’s accreditation; or  (c) to refuse to accept amendments to an AACA security program. 8.06  Review of decisions in relation to VIC issuers   Application may be made under the ART Act to the Tribunal for review of a decision by the Secretary not to approve an aircraft operator as a VIC issuer. 8.07  Reconsideration of decisions in relation to screening requirements Applications for reconsideration  (1) A person who is given a notice under regulation 4.17A specifying a requirement in relation to screening may apply to the Secretary for reconsideration of the decision of the Secretary to specify the requirement.  (2) The application must be in writing. Reconsideration  (a) a person applies under subregulation (1) of this regulation for reconsideration of a decision; and  (b) the application is in accordance with subregulation (2); the Secretary must:  (c) reconsider the decision; and  (d) by written notice given to the person:  (i) affirm the decision; or  (ii) vary the decision; or  (iii) set aside the decision and make a decision in substitution for it.  (4) If the Secretary does not make a decision under paragraph (3)(d) within 30 days after the person makes the application, the Secretary is taken to have affirmed the decision mentioned in paragraph (3)(a) at the end of those 30 days. ART review of Secretary’s decisions  (5) Applications may be made to the Tribunal for review of decisions of the Secretary under this regulation to affirm decisions. Part 9—Miscellaneous   9.01  Threats regarding aviation security  (1) A person must not, while at a security controlled airport or on board an aircraft, engage in conduct that a reasonable person could interpret as a threat to commit an act of unlawful interference with aviation.  (1A) Subregulation (1) does not apply to an aviation security inspector who is performing a duty, or carrying out a responsibility, under or for the purposes of the Act or these Regulations. Note: A defendant bears an evidential burden in relation to the matter in subregulation (1A) (see section 13.3 of the Criminal Code). Examples of conduct for subregulation (1): Making jokes about bombs in baggage Leaving articles of baggage unattended. 9.02  Service of notices   A notice required under these Regulations may be served by fax or e‑mail. Part 10—Application and transitional matters Division 1—Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015 10.01  Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015  (1) A thing done by, or in relation to, the Australian Customs and Border Protection Service under these Regulations before 1 July 2015 has effect on and after that day as if it had been done by, or in relation to, the Comptroller‑General of Customs.  (2) Without limiting subregulation (1), if an ASIC program was in force in relation to the Australian Customs and Border Protection Service immediately before 1 July 2015, then, on and after that day, the program is taken to be in force in relation to the Department administered by the Minister administering Part XII of the Customs Act 1901. Division 2—Amendments made by the Aviation Transport Security Amendment (2015 Measures No. 1) Regulation 2015 10.02  Amendments made by the Aviation Transport Security Amendment (2015 Measures No. 1) Regulation 2015  The amendments made by Schedule 1 to the Aviation Transport Security Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to the approval of a TSP, or of proposed alterations of a TSP, under section 19, 21 or 23A of the Aviation Transport Security Act 2004 on or after 1 September 2015, whether:  (a) the TSP is given to the Secretary under that Act before, on or after that day; or  (b) the request under section 22 or 23A of that Act relating to the TSP is made before, on or after that day. Division 3—Amendments made by the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015 10.03  Amendments made by the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015   The amendments of these Regulations made by Part 1 of Schedule 1 to the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015 apply in relation to an application for an ASIC made on or after the commencement of that Part. Note: Part 1 of Schedule 1 to the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015 commenced on 15 December 2015. Division 4—Amendments made by the Aviation Transport Security Amendment (Cargo) Regulation 2016 10.04  Definitions amending Regulation means the Aviation Transport Security Amendment (Cargo) Regulation 2016. old Regulations means these Regulations as in force immediately before 1 November 2016. Subdivision B—Amendments made by Schedule 1 to the Aviation Transport Security Amendment (Cargo) Regulation 2016 10.05  Continuation of existing designations for RACAs who have a notice given under regulation 4.41J Persons to whom this regulation applies  (1) This regulation applies to a person if:  (a) immediately before 1 November 2016 the person was designated as a RACA under regulation 4.43 of the old Regulations (the previous designation); and  (b) the RACA had been given a notice under regulation 4.41J of the old Regulations; and  (c) before 1 November 2016 the notice had not been revoked for the RACA; and  (d) immediately before 1 November 2016 a TSP for the RACA was in force. Previous designations continue  (2) Subject to this regulation, the previous designation has effect, on and after 1 November 2016, as if the previous designation were a designation of the person as a RACA by the Secretary under regulation 4.43A, as inserted by Schedule 1 to the amending Regulation. Period during which designations remain in force  (a) the previous designation of a person as a RACA is taken to continue because of subregulation (2); and  (b) the TSP for the RACA would have remained in force under subsection 20(3) of the Act until on or after 1 July 2017 (the remaining period) if the amending Regulation had not been made; the previous designation has effect until the end of the remaining period, unless revoked earlier under regulation 4.44, 4.44A, 4.44B or 4.44C, as inserted by Schedule 1 to the amending Regulation.  (a) the previous designation of a person as a RACA is taken to continue because of subregulation (2); and  (b) the TSP for the RACA would have remained in force under subsection 20(3) of the Act until a day between 1 November 2016 and 30 June 2017 (the remaining period) if the amending Regulation had not been made; the previous designation has effect until the day specified by the Secretary by written notice, unless revoked earlier under regulation 4.44, 4.44A, 4.44B or 4.44C, as inserted by Schedule 1 to the amending Regulation.  (5) The Secretary:  (a) must give the notice under subregulation (4) by 15 November 2016; and 10.06  Security programs for RACAs whose designation has been continued under regulation 10.05  (1) This regulation applies to the TSP for a RACA (a previous TSP) whose designation as a RACA is continued under regulation 10.05.  (2) Subject to this regulation, the previous TSP has effect, on and after 1 November 2016, as if:  (a) the previous TSP were a RACA security program for the RACA provided by the Secretary under regulation 4.46, as amended by Schedule 1 to the amending Regulation; and  (b) the measures and procedures for handling and treating suspect cargo under subregulation 2.41(5) of the old Regulations were measures and procedures for handling high risk cargo.  (3) The Secretary may, by written notice given to the RACA, direct the RACA to vary the RACA security program that is taken to exist because of subregulation (2).  (4) In the notice, the Secretary must:  (b) specify the period within which the RACA must give the Secretary the security program as varied.  (5) Despite subregulation 4.46D(4), as inserted by Schedule 1 to the amending Regulation, the variation comes into force when the notice is given to the RACA.  (6) If the RACA does not vary the security program in accordance with the notice, the Secretary may immediately revoke the RACA’s designation as a RACA. Period during which security programs remain in force  (7) To avoid doubt, a RACA security program for a RACA that is taken to exist because of subregulation (2) has effect, and may be dealt with, for so long as the RACA is designated as a RACA. Other variation powers not affected  (8) This regulation does not limit the power of the Secretary to:  (a) vary a RACA security program under regulation 4.46B, as inserted by Schedule 1 to the amending Regulation; or  (b) direct a RACA to vary a RACA security program under regulation 4.46D, as inserted by Schedule 1 to the amending Regulation. 10.07  Transition of existing designations for RACAs who do not have a notice given under regulation 4.41J  (1) This regulation applies to a person if:  (a) immediately before 1 November 2016 the person was designated as a RACA under regulation 4.43 of the old Regulations (the previous designation); and  (i) the RACA had not been given a notice under regulation 4.41J of the old Regulations; or  (ii) before 1 November 2016 the RACA has been given a notice under regulation 4.41J of the old Regulations but the notice has been revoked for the RACA; and  (c) immediately before 1 November 2016 a TSP for the RACA was in force. Previous designations continue as AACA accreditations  (2) Subject to this regulation, the previous designation has effect, on and after 1 November 2016, as if the Secretary had accredited the person as an AACA under regulation 4.49, as amended by Schedule 1 to the amending Regulation. Period during which transitional designations remain in force  (a) a person who was a RACA is taken to be an AACA because of subregulation (2); and  (b) the TSP for the RACA would have remained in force under subsection 20(3) of the Act until on or after 1 July 2017 (the remaining period) if the amending Regulation had not been made; the accreditation of the person as an AACA has effect until the end of the remaining period, unless revoked earlier under regulation 4.51D, 4.51DA, 4.51DB or 4.51DC, as inserted by Schedule 1 to the amending Regulation.  (a) a person who was a RACA is taken to be an AACA because of subregulation (2); and  (b) the TSP for the RACA would have remained in force under subsection 20(3) of the Act until a day between 1 November 2016 and 30 June 2017 (the remaining period) if the amending Regulation had not been made; the accreditation of the person as an AACA has effect until the day specified by the Secretary by written notice, unless revoked earlier under regulation 4.51D, 4.51DA, 4.51DB or 4.51DC, as inserted by Schedule 1 to the amending Regulation.  (a) give the notice under subregulation (4) by 15 November 2016; and 10.08  Security programs for RACAs whose designation has been transitioned to accreditation as an AACA under regulation 10.07  (1) This regulation applies to the TSP for a RACA (a previous TSP) whose designation as a RACA is transitioned to accreditation as an AACA (the transitioned AACA) under regulation 10.07.  (2) Subject to this regulation, the previous TSP has effect, on and after 1 November 2016, as if:  (a) the previous TSP were an AACA security program for the transitioned AACA provided by the Secretary under regulation 4.51F, as amended by Schedule 1 to the amending Regulation; and  (b) the measures and procedures for handling and treating suspect cargo under subregulation 2.41(5) of the old Regulations were measures and procedures for handling high risk cargo.  (3) The Secretary may, by written notice given to the transitioned AACA, direct the transitioned AACA to vary the AACA security program that is taken to exist because of subregulation (2).  (4) In the notice, the Secretary must:  (b) specify the period within which the transitioned AACA must give the Secretary the security program as varied.  (5) Despite subregulation 4.51FD(3), as inserted by Schedule 1 to the amending Regulation, the variation comes into force when the notice is given to the transitioned AACA.  (6) If the transitioned AACA does not vary the security program in accordance with the notice, the Secretary may immediately revoke the transitioned AACA’s accreditation as an AACA. Period during which transitional security programs remain in force  (7) To avoid doubt, an AACA security program for an AACA that is taken to exist because of subregulation (2) has effect, and may be dealt with, for so long as the AACA is accredited as an AACA. Other variation powers not affected  (8) This regulation does not limit the power of the Secretary to:  (a) vary an AACA security program under regulation 4.51FB, as amended by Schedule 1 to the amending Regulation; or  (b) direct an AACA to vary an AACA security program under regulation 4.51FD, as amended by Schedule 1 to the amending Regulation. 10.09  Revocation of existing designations for RACAs who do not have a TSP in force immediately before 1 November 2016  (1) This regulation applies to a person if, immediately before 1 November 2016:  (a) the person was designated as a RACA under regulation 4.43 of the old Regulations (the previous designation); and  (b) a TSP for the RACA was not in force. Previous designation is revoked  (2) The previous designation is:  (a) taken to have been revoked under regulation 4.44, as amended by Schedule 1 to the amending Regulation; and  (b) the revocation has effect on 1 November 2016. 10.10  Continuation of existing accreditations for AACAs  (1) This regulation applies to a person if immediately before 1 November 2016 the person was accredited as an AACA under regulation 4.51A of the old Regulations (a previous accreditation). Previous accreditations continue  (2) Subject to this regulation, the previous accreditation has effect, on and after 1 November 2016, as if the previous accreditation were an accreditation of the person as an AACA by the Secretary under regulation 4.49, as amended by Schedule 1 to the amending Regulation. Period during which transitional accreditations remain in force  (3) The previous accreditation that is taken to continue because of subregulation (2) has effect until the day specified by the Secretary by written notice, unless revoked earlier under regulation 4.51D, 4.51DA, 4.51DB or 4.51DC, as inserted by Schedule 1 to the amending Regulation.  (4) The Secretary:  (a) must give the notice under subregulation (3) by 30 June 2017; and 10.11  Security programs for AACAs whose accreditation has been continued under regulation 10.10   The Secretary must:  (a) provide a person whose accreditation as an AACA is continued under regulation 10.10 with an AACA security program under regulation 4.51F, as amended by Schedule 1 to the amending Regulation; and  (b) do so by 15 November 2016. 10.12  Application of offence of loading cargo without security declaration   Regulation 4.41G, as amended by Schedule 1 to the amending Regulation, applies in relation to cargo that is loaded onto a prescribed aircraft on or after 1 November 2016, whether or not a security declaration for the cargo was made before that day. 10.13  Notices issued under regulation 4.41J  (a) the notice was issued under regulation 4.41J of the old Regulations; and  (b) the notice was in force immediately before 1 November 2016.  (2) Between 1 November 2016 and 30 June 2017 the notice has effect (and may be dealt with) as if the notice had been issued under:  (a) regulation 4.41J, as amended by Schedule 1 to the amending Regulation; or  (b) regulation 4.41JA, as inserted by Schedule 1 to the amending Regulation. 10.14  High risk cargo   The amendment made by item 9 in Schedule 1 to the amending Regulation applies in relation to a TSP for an operator of a prescribed air service that is prepared or varied on or after 1 November 2016. Subdivision C—Amendments made by Schedule 2 to the Aviation Transport Security Amendment (Cargo) Regulation 2016 10.15  Offence of loading cargo without security declaration—from 1 July 2017 Persons to whom this regulation applies  (1) This regulation applies in relation to cargo that:  (a) is loaded onto a prescribed aircraft on or after 1 July 2017; and  (b) is required to be examined to receive clearance. Cargo to be unloaded at a category 1 destination  (2) For the purposes of regulation 4.41G on and after 1 July 2017, if the cargo is to be unloaded at a category 1 destination, the cargo must have a security declaration that states that the cargo has been examined in accordance with a regulation 4.41JA notice. Cargo to be unloaded at a category 2 destination  (3) For the purposes of regulation 4.41G on and after 1 July 2017, if the cargo is to be unloaded at a category 2 destination, the cargo must have a security declaration that states that the cargo has been examined in accordance with either:  (a) a regulation 4.41J notice; or  (b) a regulation 4.41JA notice. Security declaration may be issued before 1 July 2017  (4) To avoid doubt, for the purposes of this regulation it does not matter whether the security declaration was issued before, on or after 1 July 2017. 10.16  Notices issued under regulation 4.41J—from 1 July 2017  (a) the notice was issued under regulation 4.41J, as amended by Schedule 1 to the amending Regulation; and  (b) the notice was in force immediately before 1 July 2017.  (2) The notice has effect (and may be dealt with) on and after 1 July 2017 as if the notice had been issued under regulation 4.41J, as amended by Schedule 2 to the amending Regulation. 10.17  Notices issued under regulation 4.41JA—from 1 July 2017  (a) the notice was issued under regulation 4.41JA, as inserted by Schedule 1 to the amending Regulation; and  (b) the notice was in force immediately before 1 July 2017.  (2) The notice has effect (and may be dealt with) on and after 1 July 2017 as if the notice had been issued under regulation 4.41JA, as amended by Schedule 2 to the amending Regulation. Division 5—Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016 10.18  Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016 and commencing 1 November 2016 ASIC programs  (1) Despite the repeal and substitution of regulation 6.06 of the old regulations by item 19 of Schedule 1 to the amending regulation, an issuing body’s ASIC program that is in effect under Part 6 of the old regulations immediately before 1 November 2016 has effect, during the issuing body’s implementation period, as if it were a program of the kind described in regulation 6.06 of the new regulations.  (2) However, subregulation (1) does not:  (a) prevent the Secretary giving a direction to an issuing body under regulation 6.09, or revoking an issuing body’s authorisation under regulation 6.19 because of the issuing body’s ASIC program, on or after 1 November 2016; or  (b) affect a direction given by the Secretary to an issuing body under regulation 6.09 before 1 November 2016 and not complied with before that day.  (3) If subregulation (1) applies to an issuing body’s ASIC program, the issuing body must give the Secretary the document required by subregulation 6.06(4) of the new regulations on 1 November 2016, or as soon as practicable afterwards.  (a) subregulation (1) applies to an issuing body’s ASIC program; and  (b) before the end of 1 December 2016, the issuing body submits to the Secretary a proposed variation of the issuing body’s ASIC program under paragraph 6.10(1)(b) for the purposes of complying with the new regulations; regulation 6.10 applies in relation to the proposed variation as if each reference to 30 days in subregulation 6.10(3) were a reference to 60 days. Requirement to retain records and documents  (5) The amendment made by item 32 of Schedule 1 to the amending regulation applies in relation to:  (a) an application for an ASIC made to an issuing body on or after 1 November 2016; and  (b) an ASIC issued as a result of such an application. Person directly involved in the issue of ASICs  (6) Subject to subregulation (7), the amendments made by items 26, 27 and 42 of Schedule 1 to the amending regulation apply to an issuing body on and after 1 November 2016.  (7) The amendments made by items 26, 27 and 42 of Schedule 1 to the amending regulation apply, in relation to a person who was directly involved in the issue of ASICs at any time within the period of 2 years ending on 1 November 2016, at the earlier of the following times (but not before 1 November 2016):  (a) the end of 2 years after the last day of the month in which the person’s most recent background check applied for under regulation 6.27AA of the old regulations was completed;  (b) the start of 1 August 2017. Application for a VIC by a person who has been refused an ASIC  (8) The amendments made by items 70, 80, 81, 82 and 83 of Schedule 1 to the amending regulation apply in relation to refusals of ASICs on or after 1 November 2016. Definitions  (9) In this regulation: amending regulation means the Transport Security Legislation Amendment (Identity Security) Regulation 2016. implementation period, in relation to an issuing body, means the period that begins on 1 November 2016 and ends:  (a) if, before the end of 1 December 2016, the issuing body submits to the Secretary a proposed variation of the issuing body’s ASIC program under paragraph 6.10(1)(b) for the purposes of complying with the new regulations—at the end of the earlier of the following days:  (i) the day the Secretary approves the variation in accordance with regulation 6.10;  (ii) 1 February 2017; or  (b) otherwise—at the end of 1 December 2016. new regulations means these Regulations as in force on and after 1 November 2016. Note: 1 November 2016 is the day Part 1 of Schedule 1 to the amending regulation commences. old regulations means these Regulations as in force immediately before 1 November 2016. 10.19  Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016 and commencing 1 August 2017   The amendments made by Part 2 of Schedule 1 to the Transport Security Legislation Amendment (Identity Security) Regulation 2016 apply in relation to applications for ASICs, and applications for VICs, made on or after 1 August 2017. Division 6—Amendments made by the Transport Security Legislation Amendment (Security Assessments) Regulation 2016 10.20  Amendments made by the Transport Security Legislation Amendment (Security Assessments) Regulation 2016  (1) The amendments made by items 1, 2, 3, 5, 6 and 7 of Schedule 1 to the Transport Security Legislation Amendment (Security Assessments) Regulation 2016 apply in relation to:  (a) an application for an ASIC made to an issuing body on or after 1 November 2016; and  (b) an ASIC issued as a result of such an application.  (2) The amendment made by item 4 of Schedule 1 to the Transport Security Legislation Amendment (Security Assessments) Regulation 2016 applies in relation to the issue of a VIC on or after 1 November 2016. Division 7—Amendments made by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016 10.21  Amendments made by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016  (1) Subject to subregulation (2), the amendments of these Regulations made by Schedule 1 to the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016 apply in relation to the following:  (a) a decision of the Secretary made on or after 1 November 2016 to revoke the authorisation of a body as an issuing body (including such a decision made on the basis of matters that arose before that day);  (b) any other event referred to in subregulation 6.22(1) that occurs on or after 1 November 2016.  (2) The amendments of these Regulations made by Schedule 1 to the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016 apply in relation to an application for the Secretary to revoke the authorisation of a body as an issuing body made on or after 1 November 2016. Division 8—Amendments made by the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016 10.22  Amendments made by the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016  (1) Despite the amendment of regulation 3.16 of these Regulations by Schedule 2 to the amending Regulation, subregulation 3.16(4) of these Regulations has effect during the period of 3 years starting on the commencement day as if it required a sign to be either:  (a) in the form set out in that subregulation; or  (b) in the form set out in subregulation 3.16(4) of the old regulations.  (2) Despite the amendment of regulations 3.22, 3.23 and 3.24 of these Regulations by Schedule 2 to the amending Regulation, paragraphs 3.22(3)(c), 3.23(3)(c) and 3.24(3)(c) of these Regulations have effect during the period of 4 months starting on the commencement day as if they required a sign to be:  (a) for the purposes of paragraph 3.22(3)(c)—either:  (i) in the form set out in subregulation 3.22(4) or regulation 3.24A of these Regulations; or  (ii) in the form set out in subregulation 3.22(4) of the old regulations; and  (b) for the purposes of paragraph 3.23(3)(c)—either:  (i) in the form set out in subregulation 3.23(4) or regulation 3.24A of these Regulations; or  (ii) in the form set out in subregulation 3.23(4) of the old regulations; and  (c) for the purposes of paragraph 3.24(3)(c)—either:  (i) in the form set out in subregulation 3.24(4) or regulation 3.24A of these Regulations; or  (ii) in the form set out in subregulation 3.24(4) of the old regulations.  (3) The amendments of these Regulations made by Schedule 3 to the amending Regulation apply in relation to the approval of a TSP, or of proposed alterations of a TSP, under section 19, 21 or 23A of the Act on or after the commencement day whether:  (a) the TSP is given to the Secretary under the Act before, on or after the commencement day; or  (b) the request under section 22 or 23A of the Act relating to the TSP is made before, on or after the commencement day. amending Regulation means the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016. commencement day means the day the amending Regulation commences. old regulations means these Regulations as in force immediately before the commencement day. Division 9—Amendments made by the Aviation Transport Security Amendment (Persons in Custody) Regulations 2017 10.23  Amendments made by the Aviation Transport Security Amendment (Persons in Custody) Regulations 2017   The amendments made by items 2 to 4 of Schedule 1 to the Aviation Transport Security Amendment (Persons in Custody) Regulations 2017 apply in relation to the approval of a TSP, or of proposed alterations of a TSP, under section 19, 21 or 23A of the Act on or after the day the Schedule commences, whether:  (a) the TSP is given to the Secretary under the Act before, on or after that day; or  (b) the request under section 22 or 23A of the Act relating to the TSP is made before, on or after that day. Division 10—Amendments made by the Aviation Transport Security Amendment (Airside Security—2017 Measures No. 1) Regulations 2017 10.24  Definitions amending regulations means the Aviation Transport Security Amendment (Airside Security—2017 Measures No. 1) Regulations 2017. Note: Schedule 1 to the amending regulations commences on the day after those regulations are registered, and Schedule 2 to those regulations commences on the day after the end of the period of 3 months beginning on the day those regulations are registered (see section 2 to the amending regulations). implementation day for an aviation industry participant for a security restricted area: see regulation 10.27. implementation plan: see subregulation 10.30(1). Subdivision B—Amendments made by Schedule 1 to the amending regulations 10.25  TSPs—requirements about enhanced inspection areas   The repeal of regulation 2.18A, subregulations 2.32(3) and (4) and regulation 2.35A by Schedule 1 to the amending regulations applies in relation to the approval of a TSP, or of proposed alterations of a TSP, under section 19, 21 or 23A of the Act on or after the commencement of that Schedule whether:  (a) the TSP is given to the Secretary under the Act before, on or after that commencement; or  (b) the request under section 22 or 23A of the Act relating to the TSP is made before, on or after that commencement. 10.26  Savings provision—security restricted areas already in force   Despite the repeal and substitution of regulation 3.01 by Schedule 1 to the amending regulations, that regulation as in force immediately before the commencement of that Schedule continues to apply (as if that repeal and substitution had not happened) to an airside security zone that was in force as a security restricted area immediately before that commencement. Subdivision C—Amendments made by Schedule 2 to the amending regulations 10.27  Implementation day for aviation industry participants   For the purposes of this Subdivision, the implementation day for an aviation industry participant for a security restricted area is worked out in accordance with the following table.   - Implementation day for an aviation industry participant for a security restricted area - Item For this kind of aviation industry participant … the implementation day for the security restricted area is … - 1 an airport operator or aircraft operator that has given an implementation plan for the security restricted area in accordance with subregulation 10.30(2) the effect of which has not been cancelled under subregulation 10.30(7) the first day after the end of the period of 12 months starting on the later of:(a) the commencement of Schedule 2 to the amending regulations; and(b) the day the implementation plan is given to the Secretary - 2 an airport operator or aircraft operator that has given an implementation plan for the security restricted area in accordance with subregulation 10.30(2) the effect of which has been cancelled under subregulation 10.30(7) the day after notice of the cancellation is given to the airport operator or aircraft operator - 3 an airport operator or aircraft operator that is given a notice under subparagraph 10.30(2)(b)(ii) but does not give an implementation plan for the security restricted area by the end of the period specified in the notice the first day after the end of the period specified in the notice - 4 an airport operator or aircraft operator not covered by item 1, 2 or 3 in relation to the security restricted area the day on which Schedule 2 to the amending regulations commences - 5 an aviation industry participant other than an airport operator or aircraft operator the first day after the end of the period of 6 months starting on the commencement of Schedule 2 to the amending regulations 10.28  Security programs—requirements about security restricted areas at designated airports TSPs for airport operators and aircraft operators  (1) Regulations 2.18A and 2.35A, as inserted by Schedule 2 to the amending regulations, apply in relation to the approval under section 19, 21 or 23A of the Act of:  (a) a TSP for an airport operator or aircraft operator that relates to a security restricted area at a designated airport; or  (b) proposed alterations of such a TSP; if the TSP is given under the Act, or the request under section 22 or 23A of the Act relating to the TSP is made, on or after:  (c) the implementation day for the airport operator or aircraft operator for the security restricted area (unless paragraph (d) applies); or  (d) if the Secretary, by written notice given to the airport operator or aircraft operator, determines that a later day would be more appropriate for operator for the security restricted area—the day specified in the notice.  (a) a TSP for an airport operator or aircraft operator that relates to a security restricted area at a designated airport is given under the Act, or a request under section 22 or 23A of the Act relating to such a TSP is made, before the day applicable under paragraph (1)(c) or (d); and  (b) the TSP, or the proposed alterations of the TSP, complies with regulations 2.18A and 2.35A (as inserted by Schedule 2 to the amending regulations) in relation to the security restricted area; then those regulations apply in relation to the approval under section 19, 21 or 23A of the Act of the TSP, or the proposed alterations, so far as they relate to the security restricted area. RACA security programs  (3) Subregulation 4.46(2), as amended by Schedule 2 to the amending regulations, applies in relation to:  (a) the designation of a person as a RACA under regulation 4.43A, if the application for the designation is made under regulation 4.43 on or after the commencement of that Schedule; and  (b) the variation of a RACA security program on or after the commencement of that Schedule, even if the security program was in force before that commencement. 10.29  Requirements for security restricted areas at designated airports  (1) Paragraphs 3.16B(5)(d) and (e), as inserted by Schedule 2 to the amending regulations, do not apply in relation to a person’s entry into a security restricted area until:  (a) if there is only one responsible aviation industry participant for the security restricted area—the responsible aviation industry participant’s implementation day for the security restricted area; or  (b) if there are 2 or more responsible aviation industry participants for the security restricted area—the last occurring implementation day for those responsible aviation industry participants for the security restricted area.  (2) Regulation 3.16C, as inserted by Schedule 2 to the amending regulations, applies in relation to a responsible aviation industry participant for a security restricted area on or after:  (a) the responsible aviation industry participant’s implementation day for the security restricted area (unless paragraph (b) applies); or  (b) if the Secretary, by written notice given to the responsible aviation industry participant, determines that a later day would be more appropriate for the participant for the security restricted area—the day specified in the notice.  (3) Regulation 3.16D, as inserted by Schedule 2 to the amending regulations, applies in relation to the entry of a person or vehicle into a security restricted area through an access control point controlled by an aviation industry participant if the entry occurs on or after:  (a) the aviation industry participant’s implementation day for the security restricted area (unless paragraph (b) applies); or  (b) if the Secretary, by written notice given to the aviation industry participant, determines that a later day would be more appropriate for the participant for the security restricted area—the day specified in the notice.  (4) Regulation 3.16E, as inserted by Schedule 2 to the amending regulations, applies in relation to a responsible aviation industry participant for a security restricted area on and after:  (a) the aviation industry participant’s implementation day for the security restricted area (unless paragraph (b) applies); or  (b) if the Secretary, by written notice given to the aviation industry participant, determines that a later day would be more appropriate for the participant for the security restricted area—the day specified in the notice. Airside security awareness training  (5) Regulation 3.16H, as inserted by Schedule 2 to the amending regulations, applies in relation to an aviation industry participant and a security restricted area on and after:  (a) the commencement of that Schedule (unless paragraph (b) applies); or  (b) if the Secretary, by written notice given to the aviation industry participant, determines that a later day would be more appropriate for the participant for the security restricted area—the day specified in the notice.  (6) For the purposes of subregulation (5), a person may be a regular employee (within the meaning of regulation 3.16H) of an aviation industry participant because of entries into a security restricted area at a designated airport that occur before, on or after the commencement of Schedule 2 to the amending regulations. Record‑keeping  (7) Regulation 3.16J, as inserted by Schedule 2 to the amending regulations, applies in relation to an aviation industry participant as follows:  (a) for a record that is required to be prepared under subregulation 3.16J(1) in relation to a security restricted area—from the time that regulation 3.16D (as inserted by that Schedule) applies in relation to the participant in relation to the area (see subregulation (3) of this regulation);  (b) for a record that is required to be prepared under subregulation 3.16J(4) in relation to a security restricted area—from the time that regulation 3.16E (as inserted by that Schedule) applies in relation to the participant in relation to the area (see subregulation (4) of this regulation);  (c) for a record that is required to be prepared under subregulation 3.16J(5) in relation to a security restricted area—from the time that regulation 3.16H (as inserted by that Schedule) applies in relation to the participant in relation to the area (see subregulation (5) of this regulation). 10.30  Implementation plans Giving implementation plans  (1) An airport operator or an aircraft operator (the relevant operator) may give the Secretary a plan (the implementation plan) for a security restricted area at a designated airport that complies with subregulations (3) and (4) and, if applicable, subregulation (5). Note: The effect of giving an implementation plan for a security restricted area is, broadly, to delay the application of the amendments made by Schedule 2 to the amending regulations in relation to the relevant operator. Time by which implementation plan is to be given  (2) The implementation plan must be given to the Secretary:  (a) before the commencement of Schedule 2 to the amending regulations; or  (b) if the Secretary:  (i) is satisfied that the relevant operator requires a longer period (not exceeding 3 months after that commencement) to prepare the implementation plan; and  (ii) gives the relevant operator written notice of that period before that commencement;   before the end of the period specified in the notice. Content of implementation plans—general  (3) The implementation plan must set out requirements for the relevant operator to enable the relevant operator to progressively achieve compliance with Subdivision 3.3.3 (as inserted by Schedule 2 to the amending regulations) in relation to the area during the period that:  (a) starts on the day the implementation plan is given to the Secretary; and  (b) ends just before the relevant operator’s implementation day. Note: The effect of the implementation plan may be cancelled under subregulation (7) if the relevant operator fails to comply with a requirement of the plan.  (4) The implementation plan must have the effect that the relevant operator will achieve compliance with particular provisions of that Subdivision as soon as reasonably practicable during that period, having regard to the relevant operator’s operational and fiscal requirements. Content of implementation plans—access control points  (5) If the relevant operator is an airport operator, the implementation plan must identify the location of points of entry into the security restricted area that are to be access control points for the purposes of these regulations for the security restricted area during the period:  (a) starting when the implementation plan is given to the Secretary; and  (b) ending when a TSP for the airport operator comes into force that complies with subregulation 2.18A(2) (as inserted by the amending regulations). These regulations have effect accordingly. Varying implementation plans  (6) The relevant operator may vary the implementation plan with the written agreement of the Secretary. Cancelling the effect of implementation plans for non‑compliance  (7) The Secretary may, by written notice given to the relevant operator, cancel the effect of the implementation plan if the Secretary is satisfied that the relevant operator has failed to comply with a requirement of the implementation plan that applies to the relevant operator. Note: If the effect of the implementation plan is cancelled, the relevant operator’s implementation day for the security restricted area becomes the day after notice of the cancellation is given to the relevant operator: see item 2 of the table in regulation 10.27. Division 11—Amendments made by the Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018 10.31  Amendments made by the Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018  (1) Despite the amendments of these Regulations by Schedule 1 to the amending regulations, an ASIC or a temporary ASIC that was:  (a) issued under the old regulations; and  (b) in force immediately before the commencement time; continues to be valid and in force (and subject to the same conditions) on and after the commencement time until the end of the period for which it was issued under the old regulations, unless it is suspended or cancelled in accordance with these Regulations before the end of that period.  (2) Despite the amendments of regulations 6.33 and 6.37 of these Regulations by Schedule 1 to the amending regulations, regulations 6.33 and 6.37 of these Regulations have effect for an issuing body during the body’s transition period as if they required an ASIC or a temporary ASIC to be, and authorised the body to issue an ASIC or temporary ASIC:  (a) for a permanent ASIC—in the form set out in regulation 6.33 of the old regulations; and  (b) for a temporary ASIC—in the form set out in regulation 6.37 of the old regulations.  (3) If a temporary ASIC is issued by an issuing body as mentioned in paragraph (2)(b) during the body’s transition period, then regulation 6.37A of the old regulations applies in relation to the temporary ASIC during the body’s transition period rather than regulation 6.37AC. amending regulations means the Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018. commencement time means the time when this regulation commences. old regulations means these Regulations as in force immediately before the commencement time. transition period, for an issuing body, means the period starting at the commencement time and ending at the earlier of the following times:  (a) at the end of 3 months starting at the commencement time;  (b) at the time the Secretary first gives the issuing body an approved form under regulation 6.34 or 6.37AA. Division 12—Amendments made by the Aviation Transport Security Amendment (Carriage of Powders) Regulations 2018 10.32  Definitions amending Regulations means the Aviation Transport Security Amendment (Carriage of Powders) Regulations 2018. 10.33  Transitional—sign at LAGs screening point (carriage of powders)   Despite the amendment made by item 17 of Schedule 1 to the amending Regulations, regulation 4.22QL of these Regulations has effect during the period of 1 month starting on the commencement of that item as if the regulation required a sign to be:  (a) in the form set out in subregulation 4.22QL(1) or (2); or  (b) in the form set out in subregulation 4.22P(1) or (2) of the old Regulations. Division 13—Amendments made by the Transport Security Legislation Amendment (2019 Measures No. 1) Regulations 2019 10.34  Requirements for TSPs   The amendments of these Regulations made by Schedule 1 to the Transport Security Legislation Amendment (2019 Measures No. 1) Regulations 2019 apply in relation to the approval of a TSP, or of proposed alterations of a TSP, under section 19, 21 or 23A of the Act on or after 1 July 2019, whether:  (a) the TSP is given to the Secretary under the Act before, on or after 1 July 2019; or  (b) the request under section 22 or 23A of the Act relating to the TSP is made before, on or after 1 July 2019. Division 14—Amendments made by the AusCheck Legislation Amendment (2019 Measures No. 1) Regulations 2019 10.35  Applications for additional background checks   For the purposes of paragraph 6.27AA(1)(b), as inserted by the AusCheck Legislation Amendment (2019 Measures No. 1) Regulations 2019, it does not matter whether the previous application was made before, on or after 1 July 2019. Division 15—Amendments made by the Aviation Transport Security Amendment (Landside Security) Regulations 2019 10.36  Amendments made by the Aviation Transport Security Amendment (Landside Security) Regulations 2019   The amendments made by items 2 to 4 of Schedule 1 to the Aviation Transport Security Amendment (Landside Security) Regulations 2019 apply in relation to the approval of a TSP, or of proposed alterations of a TSP, under section 19, 21 or 23A of the Act on or after the day that Schedule commences, whether:  (a) the TSP is given to the Secretary under the Act before, on or after that day; or  (b) the request under section 22 or 23A of the Act relating to the TSP is made before, on or after that day. Division 16—Amendments made by the Aviation Transport Security Amendment (Domestic Cargo) Regulations 2020 10.37  Definitions amended Regulations means these Regulations as amended by the amending Regulations. amending Regulations means the Aviation Transport Security Amendment (Domestic Cargo) Regulations 2020. old Regulations means these Regulations as in force immediately before 1 July 2020. 10.38  Saving provision—regulation 4.41JA notices   A regulation 4.41JA notice that was in force immediately before 1 July 2020 continues to have effect (and may be dealt with) on and after 1 July 2020 as if it were an examination notice given under subregulation 4.41J(2) of the amended Regulations. 10.39  Application—request for revocation   The amendment of regulation 4.41JB of the old Regulations made by item 39 of Schedule 1 to the amending Regulations does not apply in relation to a request made before 1 July 2020. 10.40  Saving of certain security declarations  (a) a security declaration is issued under the old Regulations in relation to international cargo in the period commencing 1 June 2020 and ending on 30 June 2020; and  (b) the security declaration is in force immediately before 1 July 2020; and  (c) the cargo to which the security declaration relates is kept continuously secure from the time the cargo receives clearance until it is loaded onto an aircraft.  (2) The security declaration remains in force according to its terms on and after 1 July 2020 as if it were a security declaration issued under regulation 4.41D of the amended Regulations. Division 17—Amendments made by the Transport Security Legislation Amendment (Foreign Officials) Regulations 2021 10.41  Amendments made by the Transport Security Legislation Amendment (Foreign Officials) Regulations 2021   The amendments of these Regulations made by Schedule 1 to the Transport Security Legislation Amendment (Foreign Officials) Regulations 2021 do not apply in relation to an ASIC in force immediately before the commencement of that Schedule. Division 18—Amendments made by the Aviation Transport Security Amendment (Screening Information) Regulations 2021 10.42  Amendments made by the Aviation Transport Security Amendment (Screening Information) Regulations 2021  (1) Regulations 4.40 and 4.41 apply in relation to screening carried out on or after 1 August 2021.  (2) For the purposes of regulation 6A.02, it does not matter whether screening occurred before, on or after 1 August 2021. Division 19—Amendments made by the Aviation Transport Security Amendment (Domestic Air Cargo—Regional Airports) Regulations 2021 10.43  Application of new paragraph 4.41A(2)(c)   Paragraph 4.41A(2)(c), as added by Part 1 of Schedule 2 to the Aviation Transport Security Amendment (Domestic Air Cargo—Regional Airports) Regulations 2021, applies to cargo that is to be loaded onto an aircraft after the commencement of that Part. 10.44A  Application of amended paragraph 4.41A(2)(c)   Paragraph 4.41A(2)(c), as amended by Part 2 of Schedule 2 to the Aviation Transport Security Amendment (Domestic Air Cargo—Regional Airports) Regulations 2021, applies to cargo that is to be loaded onto an aircraft after the commencement of that Part. Division 20—Amendments made by the Transport Security Legislation (Serious Crime) Regulations 2021 10.44  Definitions amended Regulations means these Regulations as amended by the amending Regulations. amending Regulations means the Transport Security Legislation (Serious Crime) Regulations 2021. convicted has the same meaning as in Part 6 of the amended Regulations. 10.45  Continued application of old Regulations   Despite the amendments made to these Regulations by the amending Regulations, the old Regulations continue to apply in relation to the following:  (a) an application for a background check made before the commencement of the amending Regulations;  (b) an application made to the Secretary under regulation 6.29 that:  (i) is made before the commencement of the amending Regulations; or  (ii) relates to the outcome of a background check to which the old Regulations apply;  (c) an application made to the Secretary under regulation 6.43A before the commencement of the amending Regulations. 10.46  Obligation to report past conviction for aviation‑security‑relevant offence  (1) This regulation applies in relation to a person who is the holder of, or an applicant for, an ASIC when the amending Regulations commence if:  (a) before that commencement, the person was:  (i) convicted of and sentenced for a tier 1 offence or a tier 2 offence (within the meaning of Part 6 of the amended Regulations); or  (ii) convicted of, and sentenced to imprisonment for, a tier 3 offence (within the meaning of Part 6 of the amended Regulations); and  (b) the offence was not an aviation‑security‑relevant offence within the meaning of Part 6 of the old Regulations.  (2) The person must notify the issuing body for the ASIC or the Secretary, in writing, of the matters in paragraphs 6.41(1)(a) to (e) in relation to the offence within 30 days after the day the amending Regulations commence.  (a) the person is required to notify an issuing body or the Secretary under subregulation (2) in relation to an offence; and  (b) the person fails to comply with the requirement.  (4) The following provisions of the amended Regulations apply in relation to notification under subregulation (2) of this regulation as if it were notification under subregulation 6.41(1) of the amended Regulations:  (a) paragraph 6.27AA(1)(c);  (b) subregulations 6.41(2) to (4);  (c) regulation 6.41A;  (d) paragraph 6.43(2)(db). Division 21—Amendments made by the Transport Security Legislation Amendment (Issuing Body Reform) Regulations 2022 10.47  Definitions amending Regulations means the Transport Security Legislation Amendment (Issuing Body Reform) Regulations 2022. 10.48  Continued authorisation as issuing body   The repeal, by the amending Regulations, of regulation 6.16 does not affect the continuity of an authorisation as an issuing body that was in force immediately before that repeal. Note: The Secretary can revoke the authorisation of an issuing body under regulation 6.19 or 6.19A. 10.49  Outstanding applications for authorisation as issuing body will lapse   Without limiting the effect of the repeal of regulation 6.16 by the amending Regulations, the repeal applies in relation to an application for authorisation as an issuing body made before the commencement of the amending Regulations if a decision on the application under subregulation 6.16(2) was not made before that commencement. 10.50  Secretary’s discretion to revoke authorisation as issuing body   Despite the amendments made by the amending Regulations, regulation 6.19A continues to apply, in relation to a notice given under subregulation 6.19A(2), or an application made under regulation 6.20, before the commencement of the amending Regulations, as if those amendments had not been made. 10.51  Review of certain decisions of Secretary made under old Regulations   Despite the amendments made by the amending Regulations, regulation 8.02 continues to apply, in relation to a decision referred to in paragraph 8.02(1)(a) or (b) of the old Regulations that was made before the commencement of the amending Regulations, as if those amendments had not been made. Division 22—Amendments made by the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 10.52  Application of amendments made by Schedule 1   Despite the amendments made by Schedule 1 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022, Part 8 continues to apply, in relation to any decision mentioned in regulation 8.02 (as in force immediately before the commencement of that Schedule) made before that commencement, as if those amendments had not been made. 10.53  Application of amendments made by Schedule 2  (1) The amendments of regulation 6.27AA made by Schedule 2 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 apply in relation to any application for a background check made after the commencement of that Schedule.  (2) The amendments of regulation 6.28 made by Schedule 2 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 apply in relation to any issue of an ASIC if the application for the background check on the applicant for the issue of the ASIC is made after the commencement of that Schedule.  (3) The amendment of regulation 6.43 made by Schedule 2 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 applies in relation to any ASIC issued before or after the commencement of that Schedule.  (4) The amendment of regulation 6.43F made by Schedule 2 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 applies in relation to any ASIC cancelled after the commencement of this Schedule, whether the ASIC, VIC or TAC was issued before or after that commencement. Division 23—Amendments made by the Transport Security Legislation Amendment (Criminal Intelligence Threshold) Regulations 2023 10.54  Application of amendments made by the Transport Security Legislation Amendment (Criminal Intelligence Threshold) Regulations 2023  (1) The amendments of regulation 6.28 made by Schedule 1 to the Transport Security Legislation Amendment (Criminal Intelligence Threshold) Regulations 2023 apply in relation to any issue of an ASIC if the application for the background check on the applicant for the issue of the ASIC (the relevant person) is made after the commencement of that Schedule (the commencement time).  (2) The amendments of regulation 6.28 made by Schedule 1 to the Transport Security Legislation Amendment (Criminal Intelligence Threshold) Regulations 2023 also apply in relation to any issue of an ASIC if:  (a) the application for the background check on the relevant person is made before the commencement time; and  (b) the Secretary does not, before the commencement time, notify in writing the issuing body mentioned in that regulation whether or not an adverse criminal intelligence assessment of the relevant person has been given to the Secretary.  (3) The amendments of regulation 6.43 made by Schedule 1 to the Transport Security Legislation Amendment (Criminal Intelligence Threshold) Regulations 2023 apply in relation to any ASIC issued before or after the commencement time. Division 24—Amendments made by the Aviation Transport Security Amendment (Air Cargo Security Declaration) Regulations 2023 10.55  Application of amendments made by the Aviation Transport Security Amendment (Air Cargo Security Declaration) Regulations 2023   The amendment of paragraph 4.41D(1)(c) made by Schedule 1 to the Aviation Transport Security Amendment (Air Cargo Security Declaration) Regulations 2023 applies in relation to security declarations issued on or after 1 July 2023. Division 25—Amendments made by the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 10.56  Application of amendments made by the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026  (1) The amendment of paragraph 6.27AA(3)(c) made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 applies in relation to an application for a background check made on or after the commencement of that Part.  (2) The amendments of regulation 6.28 made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to the issue of an ASIC on or after the commencement of that Part.  (3) The amendment of subparagraph 6.42A(1)(b)(ii) made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 applies in relation to a direction made on or after the commencement of that Part.  (4) The amendments of paragraph 6.43(2)(bb) made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to a cancellation of an ASIC on or after the commencement of that Part, whether the ASIC was issued before, on or after that commencement.  (5) The amendment of subregulation 6.44(2) made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 applies in relation to a cancellation of an ASIC, VIC or TAC on or after the commencement of that Part, whether the ASIC, VIC or TAC was issued before, on or after that commencement.