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Fact Sheet: ASIC Enhancements 1 December 2010

In December 2009, the then Minister for Infrastructure, Transport, Regional Development and Local Government launched the National Aviation Policy White Paper. The White Paper contains a series of new measures to strengthen and enhance the ASIC scheme and streamline its administrative processes. In order to implement a number of the enhancements announced in the White Paper the Aviation Transport Security Regulations 2005 will be amended in two phases. The first phase commenced on 1 December 2010 and included changes to:

ASIC holders reporting convictions

ASIC holders are required to inform their issuing body or AusCheck within seven days if they are convicted of an ASRO and sentenced. To increase the incentive for ASIC holders to report ASROs, the maximum penalty for failure to report a relevant conviction will increase from $2,200 to $5,500.

When reporting a conviction, ASIC holders will be required to advise their name, date of birth, address, ASIC number/s, the court attended and the date of conviction. They will also need to advise whether they consent to a new background check, any unfavourable results of those checks being forwarded to their issuing body and their identity being verified. Notification must be in writing.

If a person does not provide consent or fails to provide any further information as required under the Regulations, their ASIC will be cancelled.

Further information on reporting ASROs is also available on the ASRO Fact Sheet. If a holder or issuing body is unsure if a holder has been convicted of an ASRO, they can contact AusCheck for further information.

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Suspension of ASICs

If a person has been convicted of an ASRO and has not yet been sentenced, the Secretary may direct an issuing body to suspend the ASIC until the sentence has been handed down and it can be determined if the person has an adverse criminal record.

The issuing body must confirm with the Secretary within seven days that they have complied with the direction and suspended the ASIC.

100 penalty units will apply to an issuing body who fails to either immediately suspend an ASIC or notify the ASIC holder of the suspension as soon as practicable.

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Subsequent background checks

When an issuing body is informed by an ASIC holder that they have been convicted of an ASRO and sentenced, the issuing body must apply to AusCheck for an additional background check on the person.

Before applying for the background check the issuing body must ensure that the person has given all of the required information and provided consent for a background check to occur. If the ASIC holder has not given all of the required information, the issuing body must request the ASIC holder provide the relevant information to them within 7 days.

A penalty of up to 100 penalty units may apply to an issuing body who fails to apply for a background check within two days of receiving the information on an ASRO.

The Secretary can also request AusCheck conduct an additional background check on an ASIC holder if the Secretary suspects the person may no longer be eligible for an ASIC or may be a threat to aviation security. The Secretary can take into account information from issuing bodies, the AFP or other relevant sources.

Please note that if additional background checks determine that a person does not have an adverse criminal record and that they remain eligible for the ASIC, the ASIC expiry date will not increase because a new background check has been performed. The expiry remains the same as the originally issued ASIC.

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ASIC cancellation provisions

If an ASIC holder who has disclosed an ASRO does not provide consent to a new background check, the issuing body must cancel the holder's ASIC.

If the holder does not provide any relevant requested information within 7 days, the issuing body must cancel the ASIC.

If AusCheck notifies the issuing body that an ASIC holder has reported an ASRO but either not provided consent or failed to provide all the relevant information. The issuing body must cancel the holders ASIC.

If a subsequent background check on a person determines that the ASIC holder has an adverse criminal record, the issuing body must cancel the ASIC.

The issuing body must also cancel an ASIC of a person if the Secretary or AusCheck notifies them that the holder has a qualified security assessment (ASIO security check).

If the additional background check determines that a person has a qualified criminal record and the persons ASIC expires later than one year from the date of the original background check (the checks that were conducted when the person applied for the ASIC), the issuing body must cancel the ASIC though may reissue an ASIC with the new shorter expiry date if that date has not yet passed.

100 penalty units will apply to an issuing body who fails to cancel an ASIC when required.

Applicants who have their ASICs cancelled may be able to apply to the Secretary of the Department within 28 days of the cancellation to have their ASIC reinstated.

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Applications for discretionary ASICs

Currently, an individual who has been deemed ineligible for an ASIC due to having an adverse criminal record has the opportunity to apply to the Secretary of the Department for a discretionary ASIC through their issuing body.

The new Regulations allow an applicant, or issuing body, to apply directly to the Secretary for:

  • the issue of a discretionary ASIC if they cannot be issued with an ASIC due to having an adverse criminal record; or
  • to have their ASIC reinstated if their ASIC was cancelled due to having an adverse criminal record or a qualified security assessment.

The application must be received by the Secretary within 28 days of the individual or the issuing body receiving notice of the adverse criminal record from AusCheck or of the holder being informed about their ASIC being cancelled.

The Secretary may grant an extension to this time limit under exceptional circumstances.

The Secretary must make a decision on the application within 30 days of receiving the application or any additional information that the Secretary requests. In the case of a qualified security assessment, the Secretary may extend the decision making timeframe by up to 90 days if necessary.

For further information on how to apply for a discretionary ASIC or on how to apply to have a cancelled ASIC reinstated please contact the Identity Security Section within the Office of Transport Security on 02 6274 7111 or email idsecurity@infrastructure.gov.au.

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Replacement ASICs

Currently, if an ASIC is cancelled, a person must reapply for a new background check in order to be issued with an ASIC by another issuing body. This is deemed unnecessary under certain circumstances, particularly for holders that are required to surrender their ASICs if changing employers.

The proposed Regulations would allow another issuing body to reissue an ASIC, if the original ASIC was cancelled after 1 December 2010 due to:

  • a lack of operational need;
  • because of a condition placed on it that the ASIC be returned if the holder changed employer;
  • the person requested the ASIC be cancelled; or
  • the ASIC had a shorter expiry than the background check originally allowed (i.e. short term ASICs for contractors).

An ASIC will only be able to be reissued for the remaining life of the original background check and if the following conditions are met:

  • the individual has returned the cancelled/expired ASIC to the original issuing body;
  • has applied for the reissue of the ASIC within 12 months of the ASIC being cancelled;
  • the person gives the new issuing body a statutory declaration that he or she has not been convicted of any ASROs since the initial background check and notifies the issuing body of any relevant circumstances that may have changed since the background check was completed (for instance, change of name, address, employer etc); and
  • the issuing body registers the reissue of the ASIC in the AusCheck database.

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AusCheck Database and Issuing body Registers

To reflect common practice and to ensure the AusCheck database is utilised when necessary, if an issuing body issues, reissues or cancels an ASIC, the AusCheck database must be updated. A penalty of up to 10 penalty units applies if the issuing body fails to use the AusCheck database when issuing or cancelling an ASIC.

ASIC Register

If a cancelled ASIC is reinstated or the cancellation set aside, an issuing body must record in their ASIC register the date the cancellation is set aside and the date the issuing body returns the ASIC to the person.

If an ASIC is suspended, an issuing body must record in their ASIC register the date the holder is told about the suspension, the date the holder returns the ASIC and if the suspension ends (and the person is found to still be eligible for an ASIC), the date the ASIC is returned to the holder.

The ASIC register is separate to the requirement to use the AusCheck database.

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ASIC expiry date

Individuals whose background checks are completed by AusCheck on or after 1 December 2010 will have a maximum ASIC expiry date that is two years from the last day of the month in which the background checks were completed. This will give an ASIC holder a full two years before the ASIC expires. For example, a background check that was completed on 2 July 2011 will generally have an expiry of 31 July 2013 (provided the person does not have a qualified criminal record).

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ASIC display exemptions

State and Territory ambulance officers that are facilitating patients on and off air ambulances, such as the Royal Flying Doctors Service, currently have a temporary exemption from the display of an ASIC or VIC provided that they are supervised by an ASIC holder. The exemption has been made permanent and also includes the transportation of time critical medical cargo such as organs or specialised medical equipment.

Officers of ambulance, rescue, or fire services who are responding to an emergency in an airside area or any airside security zone are currently exempt from displaying an ASIC or VIC. This exemption has been expanded to include employees, contractors or volunteers of emergency services, and persons under the direction of emergency personnel, who are responding to emergencies that are on or off the airport. This exemption is not intended to apply to people who require frequent access to an airport unless they are responding to an emergency.

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Further Information

The Regulation amendments can be found at the Comlaw website.

The legislation establishing the ASIC regime is the Aviation Transport Security Regulations 2005 and the Aviation Transport Security Act 2004. A compiled copy of the Regulations incorporating the new amendments should be available on the Comlaw website from 1 December 2010.

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Last Updated: 13 March, 2012