Secretary may direct participants to vary programs
21 Secretary may direct participants to vary programs
If:
a transport security program for an aviation industry participant is in force; and
the Secretary is no longer satisfied that the program adequately addresses the relevant requirements under Division 4;
the Secretary may, by written notice given to the participant, direct the participant to vary the program.
However, the Secretary must not give a direction under subsection (1) unless the Secretary is satisfied that the program, as varied, would adequately address the relevant requirements under Division 4.
In the notice, the Secretary must:
set out the variation; and
specify the period within which the participant must give the Secretary the program as varied.
If the participant gives the Secretary the program:
varied in accordance with the direction; and
within the specified period, or within any further period allowed by the Secretary;
the Secretary must, by written notice given to the participant, approve the variation. The variation comes into force when the notice is given.
As the program is not replaced, the variation does not affect the period for which the program is in force. Subsection 20(3) deals with the period a transport security program is in force.
A transport security program is approved on 1 January 2008. The Secretary does not specify in the notice of approval the period it is to be in force.
On 1 March 2011 a variation to the program comes into force.
The program (as now varied) will cease to be in force at the end of 31 December 2012 unless it is replaced or cancelled before then.
If the participant does not give the Secretary the program:
varied in accordance with the direction; and
within the specified period, or within any further period allowed by the Secretary;
the Secretary must, by written notice given to the participant, cancel the approval of the program.
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