a statement outlining the risk context or threat situation for each facility;

identification and evaluation of important assets, infrastructure and operations that need to be protected;

identification of possible risks or threats to assets, infrastructure and operations, and the likelihood and consequences of their occurrence;

identification of existing security measures, procedures and operations;

identification of weaknesses (including human factors) in the infrastructure, policies and procedures;

identification, selection and prioritisation of possible risk treatments (for example, counter-measures and procedural changes that need to be implemented) and their effectiveness in reducing risk levels and vulnerabilities.

the types of vessels or aircraft used, and the types of cargoes transported, in operations to and from each offshore facility; and

any special risks or threats associated with the vessels, aircraft and cargoes.

the knowledge, skills and other requirements for the security-related aspects of their positions; and

the training or qualifications that satisfy the requirements referred to in paragraph (a); and

the training that must be given to such personnel.

measures to prevent unauthorised carriage or possession of weapons or prohibited items on a facility or on board vessels or aircraft interfacing with a facility;

measures to prevent unauthorised access to:

an offshore security zone established within and around a security regulated offshore facility; or

a ship security zone declared to operate around a security regulated ship while the ship is in the vicinity of a security regulated offshore facility and is engaged in any activity in relation to the facility;

procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations at a facility;

procedures for responding to security threats or breaches of security occurring during any interface between a vessel or aircraft and a facility;

procedures for responding to any security directions given by the Secretary;

procedures for evacuation of each facility in case of security threats or breaches of security;

procedures for drills and exercises associated with the plan;

procedures for interfacing with the security activities of other maritime industry participants and operators of any aircraft that may land on or near a facility;

procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to a facility;

procedures for reporting occurrences which threaten the security of a facility;

measures to ensure the security of the information contained in the plan;

measures to ensure the security of cargo and of cargo handling equipment at a facility;

procedures in case the ship security alert system of a ship is activated while it is near a facility;

procedures to be followed when an offshore facility is directly connected to, or engaging in any activity with, a vessel such as a floating hotel, mobile drilling unit or construction barge.

the boundaries of the zone; and

the security measures and procedures to be taken to control access into the zone by people, aircraft or things; and

steps to be taken to inform people that an offshore facility zone is in force and that entry into the zone without authority is an offence; and

the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (b) and (c).

the boundaries of the zone; and

the security measures and procedures to be taken to control access into the zone by people, vessels, aircraft or things; and

steps to be taken to inform people that an offshore water-side zone is in force and that entry into the zone without authority is an offence; and

the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (b) and (c).

(a) the activities of the service provider are covered by the offshore security plan for an offshore facility operator (the covering plan) and the service provider has agreed in writing to the activities being covered by the covering plan; or

both of the following apply:

(i) the activities of the service provider are covered by a maritime security plan, or a transport security program within the meaning given in the Aviation Transport Security Act 2004;

the service provider has reviewed the plan and, if necessary, amended it to ensure that the provider satisfies the relevant requirements for offshore service providers under these Regulations.

the knowledge, skills and other requirements for the security-related aspects of their positions; and

the training or qualifications that satisfy the requirements referred to in paragraph (a); and

the training that must be given to such personnel.

measures to prevent unauthorised carriage or possession of weapons or prohibited items at a supply base of the service provider or on board vessels or aircraft operated by the service provider;

measures to prevent unauthorised access to a supply base of, or a vessel or aircraft operated by, the service provider;

procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations of the offshore service provider;

procedures for responding to security threats or breaches of security occurring during any interface between a vessel or aircraft and a facility;

procedures for responding to any security directions given by the Secretary;

procedures for evacuation of a supply base of the service provider in case of security threats or breaches of security;

procedures for drills and exercises associated with the plan;

procedures for interfacing with the security activities of vessels and offshore facilities serviced by the service provider;

procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to a relevant facility and to the service provider;

procedures for reporting occurrences which threaten the security of the offshore facility or the offshore service provider;

measures to ensure the security of the information contained in the plan;

measures to ensure security of passengers, cargo and cargo handling equipment under the control of the offshore service provider;

procedures in case the ship security alert system of a ship is activated while interfacing with the service provider.

an MSIC is issued to identify a person who has been the subject of a background check; and

a maritime industry participant must not allow a person to enter, or remain in, a maritime security zone unless the person:

is properly displaying a blue MSIC or a temporary MSIC; or

is escorted by a person who is properly displaying a blue MSIC or a temporary MSIC; and

an issuing body must not allow a person to be directly involved in the issue of blue MSICs or white MSICs unless the person holds a blue MSIC or a white MSIC.

the display of MSICs; and

issuing bodies for MSICs; and

the issue of an MSIC to a person; and

the expiry, suspension and cancellation of MSICs; and

the issuing and display of temporary MSICs.

for a person who was born in Australia—either of the following:

the person’s Australian birth certificate;

(ii) a notice given to the person under Australian Citizenship Act 2007; orsection 37 of the

for any other person—a valid document that provides evidence of the start of the person’s identity in Australia.

Category B identification document, for a person, means a current and valid document issued to the person by a Commonwealth, State or Territory Department or agency, or by a government of a foreign country or an agency of a government of a foreign country, that provides photographic proof of the person’s identity and includes the person’s signature.

Category C identification document, for a person, means a current and valid document that provides evidence of the person’s use of identity while operating in the community (which may be a community outside Australia).

Category D identification document, for a person, means a valid document that provides evidence of the person’s current residential address (which may be a residential address outside Australia) and is less than 6 months old.

Commonwealth authority means:

a Commonwealth department; or

a body established for a public purpose by or under a law of the Commonwealth.

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.

conviction (of a person for an offence) has the meaning given by subsection 85ZM(1) of the Crimes Act 1914, but does not include: a spent conviction (within the meaning given by subsection 85ZM(2) of that Act) if Division 3 of Part VIIC of that Act applies to the person; or a conviction for an offence of which, under a law relating to pardons or quashed convictions, the person is taken never to have been convicted. have been quashed (see section 85ZT); or are spent (see section 85ZV). directly involved in the issue of MSICs: a person is directly involved in the issue of MSICs if the person performs any of the following activities: accepting applications for MSICs; applying for background checks under this Division; receiving documents given to an issuing body in person in accordance with this Division; verifying identification documents for the purposes of this Division; printing or producing MSICs; issuing MSICs, including considering whether criteria for the issue of MSICs are satisfied and whether MSICs are to be issued with conditions; storing equipment associated with the production of MSICs; destroying MSICs that are no longer required, including expired or cancelled MSICs. exempt person, in relation to a maritime security zone, or a part of a maritime security zone, means a person who under the Act or these Regulations, is not required to properly display a valid MSIC in the zone or that part of the zone.

a spent conviction (within the meaning given by subsection 85ZM(2) of that Act) if Division 3 of Part VIIC of that Act applies to the person; or

a conviction for an offence of which, under a law relating to pardons or quashed convictions, the person is taken never to have been convicted.

have been quashed (see section 85ZT); or

are spent (see section 85ZV).

directly involved in the issue of MSICs: a person is directly involved in the issue of MSICs if the person performs any of the following activities:

accepting applications for MSICs;

applying for background checks under this Division;

receiving documents given to an issuing body in person in accordance with this Division;

verifying identification documents for the purposes of this Division;

printing or producing MSICs;

issuing MSICs, including considering whether criteria for the issue of MSICs are satisfied and whether MSICs are to be issued with conditions;

storing equipment associated with the production of MSICs;

destroying MSICs that are no longer required, including expired or cancelled MSICs.

exempt person, in relation to a maritime security zone, or a part of a maritime security zone, means a person who under the Act or these Regulations, is not required to properly display a valid MSIC in the zone or that part of the zone.

foreign official means any of the following: a member of the diplomatic staff (including the head) of a diplomatic mission established in Australia; a member of the consular staff (including the head) of a consular post established in Australia; any other member of the staff of such a diplomatic mission or consular post. holder, of an MSIC or a temporary MSIC, means the person to whom it is issued.

a member of the diplomatic staff (including the head) of a diplomatic mission established in Australia;

a member of the consular staff (including the head) of a consular post established in Australia;

any other member of the staff of such a diplomatic mission or consular post.

holder, of an MSIC or a temporary MSIC, means the person to whom it is issued.

identification document means any of the following: a Category A identification document; a Category B identification document; a Category C identification document; a Category D identification document; any other document used to identify a person for the purposes of this Division.

a Category A identification document;

a Category B identification document;

a Category C identification document;

a Category D identification document;

any other document used to identify a person for the purposes of this Division.

imprisonment includes periodic detention, home-based detention and detention until the rising of a court, but does not include an obligation to perform community service.

issuing body means a person or body: that is authorised to issue MSICs; or that is a transitional issuing body.

that is authorised to issue MSICs; or

that is a transitional issuing body.

maritime-security-relevant offence means an offence mentioned in an item of a table in Schedule 1 against a law of: the Commonwealth, a State or Territory; or a foreign country or part of a foreign country.

the Commonwealth, a State or Territory; or

a foreign country or part of a foreign country.

MSIC means a blue MSIC or a white MSIC.

MSIC applicant means a person who has applied for the issue of an MSIC in accordance with regulation 6.08B.

MSIC plan, for an issuing body, means a plan of the kind described in regulation 6.07Q, and includes a plan of that kind as varied under regulation 6.07S or 6.07T.

qualified security assessment has the meaning given by subsection 35(1) of the Australian Security Intelligence Organisation Act 1979.

Secretary AGD means the Secretary who is responsible for administering the AusCheck scheme.

security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.

sentence includes a suspended sentence.

temporary MSIC means an identity document issued under regulation 6.08K.

tier 1 offence means a maritime-security-relevant offence mentioned in the table in clause 1 of Schedule 1.

tier 2 offence means a maritime-security-relevant offence mentioned in the table in clause 2 of Schedule 1.

tier 3 offence means a maritime-security-relevant offence mentioned in the table in clause 3 of Schedule 1.

transitional issuing body means a body declared by the Secretary under subregulation 6.07ZB(1) to be a transitional issuing body.

white MSIC means a white maritime security identification card, in a form approved under subregulation 6.08J(3), issued under this Division.

has been convicted of a tier 1 offence or a tier 2 offence; or

has been convicted of, and sentenced to imprisonment for, a tier 3 offence.

it is issued in accordance with this Division; and

it is not expired, suspended or cancelled; and

it is not altered or defaced (permanently or temporarily); and

the person who shows or displays it is the person to whom it was issued.

the person is wearing the MSIC as required by this regulation; and

the whole of the front of the MSIC is clearly visible at all times that it is being worn.

attached, at or above the waist, to the front or side of his or her clothing;

on a band around his or her upper arm.

the person is required to be directly involved in the issue of MSICs for an issuing body; or

the person is an employee of a Commonwealth agency who is required to be directly involved in making decisions relating to the issuing of MSICs; or

the person is a foreign official who requires access to a maritime security zone for the purposes of the foreign official’s official duties.

he or she is in a maritime security zone; and

he or she fails to properly display a valid blue MSIC or valid temporary MSIC.

for a first offence—5 penalty units; or

for a second offence within 2 years of an offence—10 penalty units; or

for a third or subsequent offence within 2 years of an offence—20 penalty units.

a visitor to the zone, if his or her escort:

is displaying a valid blue MSIC or valid temporary MSIC; or

is carrying a valid blue MSIC but, under regulation 6.07M, is exempt from the requirement to display it; or

is exempt, under regulation 6.07M, from the requirement to carry a valid blue MSIC; or

is a person to whom paragraph (f) applies; or

the holder of an identification document issued by an arm of the Defence Force who:

is displaying his or her identification document; and

is in the zone as part of his or her duties for the Force; or

a person who is in a private living area of a security regulated offshore facility; or

a person who, with the permission of the ship’s master, is on board a security regulated ship that is in a water-side restricted zone; or

a person who:

is a crew member of a security regulated ship that is in a water-side restricted zone and docked at a land-side restricted zone; and

is in the land-side restricted zone, carrying out his or her duties as a crew member; and

does not enter a maritime security zone other than a zone mentioned in subparagraph (i); or

a person who:

is a crew member of an offshore facility that is in an offshore security zone; and

is in the offshore security zone, carrying out his or her duties as such a crew member; and

holds a valid blue MSIC; or

a person who:

is a crew member of a regulated foreign ship, or a foreign ship regulated as an offshore facility, that is in an offshore water-side zone; and

is in the offshore water-side zone, carrying out his or her duties as such a crew member; and

is not an Australian citizen and does not hold a visa entitling him or her to work in Australia.

as part of a recreational activity; or

as a passenger.

give or refuse the exemption; and

notify the person in writing of the decision and, if the decision is a refusal, the reasons for it.

hold an MSIC; or

carry an MSIC; or

display an MSIC.

why the exemption is necessary; and

the likely effect of the proposed exemption on the security of maritime transport or an offshore facility in the zone; and

how long the proposed exemption will last, if it is given; and

anything else relevant that the Secretary knows about.

for a particular period and subject to a condition or conditions mentioned in the exemption; or

limited to a particular zone or part of a zone.

members of the Defence Force who are responding to an event or threat of unlawful interference with maritime transport or an offshore facility;

law enforcement officers or ambulance, rescue or fire service officers who are responding to an emergency.

accepting applications for MSICs;

applying for background checks under this Division;

verifying identification documents for the purposes of this Division;

determining whether MSIC applicants have an operational need for an MSIC;

printing and producing MSICs;

issuing MSICs, including considering whether criteria for the issue of MSICs are satisfied and whether MSICs are to be issued with conditions;

distributing MSICs to applicants;

ensuring that holders of MSICs are aware of obligations that apply in relation to holding MSICs;

storing and transporting MSICs;

collecting, storing and destroying information and documents about MSICs and MSIC applications;

storing equipment associated with the production of MSICs;

taking all reasonable steps to recover blue MSICs that are no longer required, including expired or cancelled blue MSICs;

destroying blue MSICs that are no longer required, including expired or cancelled blue MSICs;

cancelling access control arrangements that are related to blue MSICs that are no longer required, including expired or cancelled blue MSICs, and blue MSICs that have been lost, stolen or destroyed;

keeping records of the activities of the issuing body;

if the issuing body proposes to engage other entities to perform activities on its behalf—engaging such other entities to perform such activities;

conducting an ongoing quality assurance process of the procedures in the plan and the implementation of the procedures;

conducting an annual audit of the procedures in the plan and the implementation of the procedures;

the issuing body ceasing to be an issuing body, including procedures to ensure that information about applications for MSICs, and holders of MSICs, is appropriately handled or preserved.

the issuing body’s name;

the issuing body’s ABN, ACN or ARBN (if any);

if the issuing body is a body corporate—the name of its chief executive officer or manager;

the issuing body’s postal address;

the issuing body’s physical address (if different from the issuing body’s postal address);

the issuing body’s email address;

the contact telephone number for the issuing body, including an after-hours number;

an alternative contact person and number.

the issuing body becomes aware of a change in a detail referred to in subregulation (4); and

the issuing body does not, within 5 working days after becoming aware of the change, notify the Secretary in writing of the detail as changed.

fails to do something that its MSIC plan requires that it do; or

does something that its MSIC plan requires that it not do; or

does something that its MSIC plan requires that it do, but does so in a way that contravenes the plan.

grant or refuse the exemption; and

notify the body in writing of the decision and, if the decision is a refusal, the reasons for the decision.

the justification for the proposed exemption; and

the likely effect of the proposed exemption on each of the matters mentioned in subregulation 6.07Q(2); and

how long the proposed exemption will be for, if it is granted; and

anything else relevant that the Secretary knows about.

indicate the variation needed; and

state the time within which the issuing body must submit an appropriately varied plan to the Secretary.

review its MSIC plan at any time; and

submit a written proposed variation of the plan to the Secretary for approval.

approve or refuse to approve the variation; and

notify the body in writing of the decision and, if the decision is a refusal, the reasons for the decision.

keep a copy of its MSIC plan or any variation to the plan for at least 7 years after the day on which the plan is approved or varied; and

keep any record relating to how the body gives effect to its MSIC plan for at least 7 years after the day on which it is made.

the body’s MSIC plan does not adequately address a matter mentioned in subregulation 6.07Q(2) and it is unlikely that a direction under regulation 6.07S will make the plan adequately address the matter; or

allowing the body’s authorisation to continue would be likely to be a significant threat to the security of maritime transport or an offshore facility; or

the body does not comply with a direction of the Secretary under regulation 6.07S.

this Division; or

a condition of its authorisation; or

its MSIC plan.

the kind and seriousness of the contravention; and

whether the issuing body has previously contravened this Division, a condition of its authorisation or its MSIC plan.

on the Secretary’s own initiative; or

on application by the relevant body under regulation 6.07Y.

give the relevant body written notice of the Secretary’s intention to revoke the authorisation; and

invite the relevant body to respond within 14 days.

the number of MSICs issued by the relevant body that:

are in effect; or

are suspended under regulation 6.08LF; or

have been cancelled or have expired, but may be reinstated; or

have been cancelled or have expired, if another MSIC may be issued to the former holder without a further background check being conducted;

whether there are any applications for MSICs that the relevant body is yet to approve or refuse to approve;

whether the Comptroller-General of Customs can be the issuing body for:

the MSICs issued by the relevant body; and

any applications referred to in paragraph (b);

if the Comptroller-General of Customs cannot be the issuing body as mentioned in paragraph (c)—whether there is another issuing body that can be the issuing body for the things mentioned in subparagraphs (c)(i) and (ii);

the effect the revocation of the relevant body’s authorisation may have on operations;

if the relevant body has responded to a notice under subregulation (2)—the relevant body’s response;

any other matter the Secretary considers relevant.

the Secretary’s decision;

the reasons for the decision;

if the Secretary decides to revoke the authorisation—the day on which the authorisation is revoked.

MSICs referred to in paragraph (3)(a) issued by the relevant body; or

applications for MSICs that the relevant body is yet to approve or refuse to approve;

the Secretary must decide, under regulation 6.07ZA, that another issuing body is to be the issuing body for the MSICs and applications.

decide to revoke, or refuse to revoke, the applicant’s authorisation as an issuing body; and

give the applicant written notice under subregulation 6.07X(4).

the Secretary revokes the authorisation of the body as an issuing body under regulation 6.07W or 6.07X; or

the body ceases to exist; or

for any other reason, the body no longer performs the functions or exercises the powers of an issuing body.

(a) any MSICs (transferred MSICs) issued by the original issuing body that:

are in effect; or

are suspended under regulation 6.08LF; or

have been cancelled or have expired, but may be reinstated; or

have been cancelled or have expired, if another MSIC may be issued to the former holder without a further background check being conducted; and

(b) any applications for MSICs (transferred MSIC applications) made to the original issuing body in relation to which the original issuing body:

has applied to the Secretary AGD for a background check (whether or not the background check has been completed); but

has not yet issued, or refused to issue, an MSIC.

Transferred MSICs and transferred MSIC applications

subject to paragraph (b), anything done by or in relation to the original issuing body in relation to the transferred MSIC application is taken, for the purposes of the new issuing body dealing with the application under this Division, to have been done by or in relation to the new issuing body; but

the new issuing body may disregard anything done by or in relation to the original issuing body in relation to the transferred MSIC application for the purposes of dealing with the application under this Division, if the new issuing body considers it appropriate to do so.

Transfer of records and documents to new issuing body

the original issuing body’s register of MSICs, to the extent that the register relates to transferred MSICs; and

(b) any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007) in the original issuing body’s possession that relate to:

transferred MSICs; or

transferred MSIC applications.

Transfer of records and documents to Secretary

beginning on the day after the Secretary makes the declaration, the transitional issuing body:

must not issue a new MSIC unless the issuing body received the application for the MSIC before the issuing body was declared to be a transitional issuing body; and

must not apply to the Secretary AGD for a background check, other than under regulation 6.08LBA;

the transitional issuing body continues to be the issuing body for any MSICs issued by the issuing body, and may issue replacement MSICs;

the transitional issuing body’s authorisation as an issuing body is taken to be revoked immediately after the expiry or cancellation of the last MSIC issued by the body.

Offence

the person is a transitional issuing body; and

the person issues an MSIC, a card resembling an MSIC, or a card apparently intended to be taken to be an MSIC; and

the MSIC or card:

is not a replacement MSIC; and

is not a new MSIC that was applied for before the person was declared to be a transitional issuing body.

subject to subregulation (3), give to the issuing body, in person, an original of each of the following for the person:

a Category A identification document;

a Category B identification document that is different from the Category A identification document;

a Category C identification document that is different from the Category A identification document and the Category B identification document;

if evidence of residential address is not set out in a document already given—a Category D identification document; and

(b) give to the issuing body the information required under the AusCheck Regulations 2017 to be included in an application for a background check in relation to the person.

be in writing; and

state whether the document or documents are one or more of the following:

a Category A identification document;

a Category B identification document;

a Category C identification document;

a Category D identification document; and

state the reason why the person cannot satisfy the requirement or requirements; and

set out alternative identification requirements; and

if the alternative identification requirements relate to another document or other documents—include a copy of that document or those documents; and

include any other information that may assist the Secretary in making a decision about whether to approve the alternative identification requirements.

the extent to which the issuing body can show evidence of the identity of the person;

the reason why the person cannot satisfy the requirement or requirements;

whether the alternative identification requirements proposed are sufficient to enable the Secretary AGD to conduct a background check.

approve, or refuse to approve, the alternative identification requirements for the person; and

notify the issuing body of the decision; and

if the decision is a refusal—notify the issuing body of the reasons for the refusal.

the person has an operational need to hold an MSIC;

the issuing body is satisfied of the person’s identity, after verifying the person’s identity in accordance with regulation 6.08BB;

one of the following applies:

(i) the person has shown the issuing body a document that is evidence that he or she is an Australian citizen (for example, the person’s Australian birth certificate or Australian passport or a notice given to the person under Australian Citizenship Act 2007);section 37 of the

the issuing body is satisfied that the person holds a visa entitling him or her to work in Australia;

(iii) the issuing body is satisfied that the person is a crew member of a regulated Australian ship that is registered in the Australian International Shipping Register under the Shipping Registration Act 1981;

the issuing body has been notified in writing that a security assessment of the person has been made, and:

the assessment was not adverse; or

if the assessment was qualified—the issuing body has received a notice from the Secretary that an MSIC may be issued because the person is not a threat to the security of maritime transport or an offshore facility;

the issuing body has been notified in writing by the Secretary that the Department has not been given an adverse criminal intelligence assessment that indicates the Chief Executive Officer of the Australian Crime Commission reasonably believes that preventing the person proposed to be issued an MSIC from holding an MSIC is necessary or desirable to prevent the use of maritime transport or an offshore facility in connection with serious and organised crime;

the issuing body has been notified in writing that a criminal history check of the person has been made, and:

the check shows that the person does not have an adverse criminal record; or

if the check shows that the person has an adverse criminal record—the Secretary has approved an application to issue an MSIC to the person under paragraph 6.08F(3)(a).

the issuing body issues an MSIC to a person; and

the criteria for the issue of an MSIC mentioned in subregulation (1) are not satisfied.

the person meets the criteria in paragraphs (1)(a), (b), (c), (d) and (da); and

in the case of a person who was under 14 at the time the application for the MSIC was made—the application was accompanied by a written consent, given by a parent or guardian of the person, for the issuing body to perform its functions, and exercise its powers, in relation to the issuing of the MSIC (including by applying for a background check of the person).

the person’s MSIC is cancelled under paragraph 6.08M(1)(f) or (g) or regulation 6.08N; and

within 12 months after the cancellation:

the person has an operational need to hold an MSIC; and

the person gives an issuing body a statutory declaration stating that, since the cancellation, no relevant circumstance of the person has changed; and

the issuing body lodges a request for the issue of an MSIC using the AusCheck facility; and

the person meets the criteria in paragraph (1)(da).

the background check of an applicant for an MSIC reveals that:

the person has been convicted of a tier 1 offence; or

the security assessment of the person is adverse and is not a qualified security assessment; or

(b) as a result of a background check, the Department is given an adverse criminal intelligence assessment that indicates the Chief Executive Officer of the Australian Crime Commission reasonably believes that preventing an applicant for an MSIC from holding an MSIC is necessary or desirable to prevent the use of maritime transport or an offshore facility in connection with serious and organised crime.

direct the issuing body to which the person applied for the issue of an MSIC, in writing, to give the Secretary the following information:

the name of the person’s employer;

the kind of business that the employer is engaged in; and

give a written notice to the person’s employer, a maritime industry participant or both:

stating that, following a background check, a disqualifying notice has been sent to the person; and

stating the information provided by the issuing body following a direction under paragraph (a).

a person is not eligible to be issued an MSIC only because he or she:

has an adverse criminal record; or

has an adverse criminal record, and does not have an operational need for an MSIC; and

he or she has not been convicted of a tier 1 offence;

an issuing body or the applicant may apply to the Secretary, in writing, for approval to issue an MSIC to the person.

approve, or refuse to approve, in writing, the issuing of the MSIC; and

notify the body, or applicant, in writing of the decision and, if the decision is a refusal, notify the applicant of the reasons for the decision.

the nature of the offence the person was convicted of; and

if the person was convicted of the offence before becoming the holder of an MSIC; and

the length of the term of imprisonment imposed on him or her; and

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

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

anything else relevant that the Secretary knows about.

direct the issuing body to which the person applied for the issue of an MSIC, in writing, to give the Secretary the following information:

the name of the person’s employer;

the kind of business that the employer is engaged in; and

give a written notice to the person’s employer, a maritime industry participant or both:

stating that, following a background check, the Secretary has refused to approve the issue of an MSIC to the person; and

stating the information provided by the issuing body following a direction under paragraph (a).

Applicant who does not have an operational need

if the Secretary is satisfied that the holding of an MSIC by the person would not constitute a threat to the security of maritime transport or an offshore facility—give the issuing body a written notice stating that an MSIC may be issued because the person is not a threat to the security of maritime transport or an offshore facility; or

if the Secretary is satisfied that the holding of an MSIC by the person would constitute a threat to the security of maritime transport or an offshore facility—give the issuing body a written direction not to issue the MSIC to the person.

if the holder applied for a white MSIC, or a blue MSIC that is to be in force for 2 years—2 years after the last day of the month in which the background check, undertaken when the holder applied for the MSIC, was completed; or

if the holder applied for a blue MSIC that is to be in force for 4 years—4 years after the last day of the month in which the background check, undertaken when the holder applied for the MSIC, was completed.

an MSIC issued to a person under 18 in reliance on subregulation 6.08C(4) must expire no later than the earlier of:

6 months after the person’s 18th birthday; and

2 years after the last day of the month in which the background check, undertaken when the person applied for the MSIC, was completed; and

an MSIC issued to a person who is entitled to remain in Australia because he or she holds a visa must expire no later than the day on which the person’s visa expires; and

an MSIC issued under regulation 6.08E must expire on the same day as the ASIC mentioned in paragraph 6.08E(a); and

an MSIC issued to a person on the basis of being a person mentioned in subparagraph 6.08C(1)(c)(iii) must expire no later than 2 years after the last day of the month in which the background check, undertaken when the person applied for the MSIC, was completed; and

an MSIC issued under regulation 6.08L expires in accordance with subregulation 6.08L(3).

the date it would have expired if it had not been cancelled; or

if a condition imposed under subregulation 6.08MD(1) sets an earlier expiry date—that date.

the dimensions of an MSIC and each of its parts;

the information that must be included on the front or the back of an MSIC;

the security features that must be incorporated into an MSIC;

the kind of photograph of the holder of an MSIC that must be included on the MSIC, including the size and quality of the photograph.

the person is an issuing body; and

the Secretary gives the person a copy of a form approved for the issuing body under this regulation for a blue MSIC or a white MSIC; and

the person issues a blue MSIC or a white MSIC; and

the MSIC issued does not comply in a particular respect with the form approved for the issuing body for that kind of MSIC; and

the respect in which the form does not comply is not the subject of an approval under subregulation (5).

the person is an issuing body; and

the Secretary, under subregulation (1), gives the issuing body a copy of a form approved for the issuing body; and

the copy of the approved form contains a direction under subregulation (2); and

the issuing body contravenes the direction.

an issuing body discloses the details of an approved form to the person in in accordance with subregulation (1); and

the person discloses the details to another person without the written approval of the Secretary.

either:

the person is the holder of a blue MSIC and has forgotten the MSIC, or it has been lost, stolen or destroyed; or

subregulation (2A) applies to the person; and

the participant is shown a document that provides evidence of the identity of the person; and

the participant’s maritime security plan, ship security plan or offshore security plan provides for the participant to:

issue temporary MSICs; and

create, and keep for auditing purposes, a register of those temporary MSICs; and

the participant acts in accordance with its security plan.

the person’s application for the issue of a blue MSIC has been approved by the issuing body; and

he or she has not yet received the MSIC.

the beginning of the day 2 months after the day when the temporary MSIC is issued;

the day the MSIC holder receives his or her blue MSIC.

it must be orange in colour and no smaller than 54 mm wide by 86 mm high;

it must have a black capital letter ‘T’ in Arial of at least 125 point on the front;

it must display, or include, the following information:

the holder’s name as it appears on the holder’s blue MSIC;

the unique identifying number that appears on the holder’s blue MSIC;

a description of the document that provided evidence of the identity of the holder;

the name of the maritime industry participant that issued the temporary MSIC;

a description of the maritime security zone or zones in which the blue MSIC is valid;

the expiry date of the temporary MSIC.

writing it by hand; or

using a printing process; or

encoding it magnetically, or in another way.

any of the following apply:

the old MSIC has been lost or destroyed, and the holder has given the issuing body a statutory declaration setting out the circumstances of the loss or destruction (which may be in the same document as the declaration referred to in paragraph (d));

the old MSIC has been stolen, and the holder has given the issuing body a copy of a police report, or other information issued by the police, regarding the theft;

the holder’s name has changed, and the holder has notified the issuing body of the change in accordance with regulation 6.08LCA;

the holder wishes to replace the old MSIC with the replacement MSIC because the holder has an operational need for the replacement MSIC; and

the holder has an operational need for the replacement MSIC; and

in a case where the replacement MSIC is a different kind of MSIC from the old MSIC—the holder has given the issuing body evidence of the holder’s operational need for the replacement MSIC; and

the holder has given the issuing body a statutory declaration stating that, since his or her background checks were completed, he or she has not been convicted of a maritime-security-relevant offence.

Issue of replacement MSIC

if the replacement MSIC is a blue MSIC—at the same time as the old MSIC would have expired; and

if the replacement MSIC is a white MSIC—at the earlier of the following times:

the same time as the old MSIC would have expired;

2 years after the last day of the month in which the background check, undertaken when the holder applied for the old MSIC, was completed.

any conditions to which the old MSIC was subject; and

any conditions which the issuing body imposes on the replacement MSIC by written notice given to the holder of the replacement MSIC.

the replacement MSIC must bear a number indicating how many times a permanent MSIC has been issued to the person with the same expiry date; or

the issuing body must keep a record of how many times it has issued a permanent MSIC to the person with that expiry date.

convicted of and sentenced for a tier 1 offence or tier 2 offence; or

convicted of, and sentenced to imprisonment for, a tier 3 offence.

his or her name, date of birth and residential address;

if he or she holds one or more MSICs—the unique number of each MSIC held;

the date he or she was convicted and sentenced;

the court in which he or she was convicted;

whether he or she gives consent for:

his or her identity to be confirmed; and

new background checks to be undertaken; and

the outcome of the background checks to be provided to the issuing body, if the outcome will adversely affect his or her ability to hold an MSIC or to continue holding the MSIC.

if the person notified the issuing body under subregulation (1)—the issuing body; or

if the person notified the Secretary under subregulation (1)—the Secretary.

notifies the Secretary under subregulation (2); and

does not:

give his or her consent under paragraph (2)(e); or

comply with:

(A) all of the requirements of subregulation  (2); and

(B) any request under subregulation (3) within 14 days after the request.