Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p60
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 60/100)
Character Range: 201980–204651

(3) within 14 days after the request.

6.08LBA  Obligation on issuing body notified under regulation 6.08LB
  An issuing body for an MSIC commits an offence if:
 (a) a person who is an applicant for, or the holder of, an MSIC notifies the issuing body of the matters mentioned in subregulation 6.08LB(2); and
 (b) the issuing body fails to apply to the Secretary AGD for a background check on the person within 2 working days after the person:
 (i) notifies of his or her consent under paragraph 6.08LB(2)(e); or
 (ii) if any information is requested under subregulation 6.08LB(3)—provides that information.
Penalty: 100 penalty units.

6.08LC  Application by Secretary for background check on applicant for, or holder of, MSIC
 (1) The Secretary may apply to the Secretary AGD for a background check on a person who is an applicant for, or the holder of, an MSIC if the Secretary considers on reasonable grounds that:
 (a) the person has been convicted of a maritime‑security‑relevant offence; or
 (b) the person constitutes a threat to maritime transport or offshore facility security; or
 (c) there is a risk that the person would use maritime transport or an offshore facility in connection with serious crime.
 (2) In considering the matter mentioned in paragraph (1)(a), (b) or (c), the Secretary must take into account:
 (a) any information provided to the Secretary by the person or the issuing body for the MSIC; and
 (b) any information provided to the Secretary by the Secretary AGD or a law enforcement agency (however described) about the person; and
 (c) anything else relevant that the Secretary knows about.

6.08LCA  Obligation of applicants for, and holders of, MSICs—change of name
 (1) A person commits an offence of strict liability if:
 (a) the person is an applicant for, or a holder of, an MSIC; and
 (b) the person changes his or her name; and
 (c) the person does not notify the issuing body to which the application was made or which issued the MSIC (as the case requires) of the change, in accordance with subregulation (2), within 30 days after the change.
Penalty: 5 penalty units.
 (2) The person must:
 (a) notify the issuing body in person; and
 (b) at the same time, give the issuing body an original of a current and valid document, showing the new name, which was issued to the person by a Commonwealth, State or Territory Department or agency.
 (3) The issuing body must notify AusCheck of the change of name, using the AusCheck facility, within 7 days.
Note: For the issuing of a replacement MSIC to an MSIC holder who changes his or her name, see regulation 6.08L.

6.08LD  Obligation of MSIC holders issued with cards for more than