Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 19

  (1)   If the Secretary is satisfied that the program adequately addresses the relevant requirements under Division   4, the Secretary must:

  (a)   approve the program; and

  (b)   give the participant written notice of the approval.

  (2)   If the Secretary is not satisfied that the program adequately addresses the relevant requirements under Division   4, the Secretary must:

  (a)   refuse to approve the program; and

  (b)   give the participant written notice of the refusal.

  (3)   In determining whether the program adequately addresses the relevant requirements under Division   4, the Secretary may take account of existing circumstances as they relate to aviation security.

Failure to approve program within consideration period

  (4)   If:

  (a)   an aviation industry participant gives the Secretary a transport security program; and

  (b)   the Secretary does not approve, or refuse to approve, the program within the consideration period;

the Secretary is taken to have refused to approve the program at the end of that period.

Note:   An aviation industry participant may apply to the Administrative Review Tribunal for review of a decision to refuse to approve a transport security program under subsection   (2) or (4): see section   126.

Secretary may request further information

  (5)   The Secretary may, by written notice given to the participant within the consideration period, request the participant to give the Secretary specified information relevant to the approval of the program.

  (6)   The notice must specify a period of not more than 45 days within which the information must be given. However, if more than one notice is given to the participant under subsection   (5), the total of the periods specified in the notices must not exceed 45 days.

Consideration period

  (7)   The consideration period is the period of 60 days starting on the day on which the Secretary received the program, extended, for each notice given under subsection   (5), by the number of days falling within the period:

  (a)   starting on the day on which the notice was given; and

  (b)   ending on:

  (i)   the day on which the information requested in that notice was received by the Secretary; or

  (ii)   if the information was not given within the period specified in that notice--the last day of that period.