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Civil Aviation Act 2023

Aviation security - Designations and security checks - Security checks of persons

128: Review procedure for adverse security check determination

You could also call this:

"What happens if someone thinks you're a security risk and how you can respond"

Illustration for Civil Aviation Act 2023

If the Director thinks you might be a security risk, they must tell you in writing why they think that. They must also give you 20 working days to get legal help, respond to what they said, or give them new information. The Director will then look at what you said and the information they already had, and make a final decision about whether you are a security risk. They will tell you their final decision and why they made it. They will also tell anyone else affected by the decision, but they won't tell them why they made it. You can find more information about this in section 129 if it applies to your situation.

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Topics:
Transport and travel > Air travel
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127: Reconsideration of security check determination, or

"The Director can rethink a security check decision if new information comes up."

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129: Review procedure for adverse security check determination made wholly or partly on recommendation under Intelligence and Security Act 2017, or

"What to do if you disagree with a security check decision made about you"

Part 5Aviation security
Designations and security checks: Security checks of persons

128Review procedure for adverse security check determination

  1. If the Director proposes to make an adverse security check determination with respect to a person (other than a determination to which section 129 applies), the Director must—

  2. advise the person in writing of the proposed determination and the reasons for the proposed determination; and
    1. give the person written notice that, within 20 working days of the date of the notice, the person may—
      1. seek legal advice or assistance with respect to the proposed determination:
        1. respond to, comment on, or make submissions on the proposed determination:
          1. provide new information relevant to the proposed determination; and
          2. give the person written notice of the date on which the proposed determination will, unless the Director decides otherwise, be made (which must be a date that is as soon as practicable after the expiry of the 20-working-day period referred to in paragraph (b)); and
            1. consider any response, comment, submission, or new information that the person provides along with the information on which the proposed determination was made; and
              1. make a final determination and inform—
                1. the person of the final determination and the reasons for the final determination; and
                  1. any other affected party of the final determination, but not the reasons for the final determination.

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