Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p50
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 50/100)
Character Range: 178356–180992

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).
 (2) An issuing body commits an offence if:
 (a) the issuing body issues an MSIC to a person; and
 (b) the criteria for the issue of an MSIC mentioned in subregulation (1) are not satisfied.
Penalty: 50 penalty units.
 (3) An offence against subregulation (2) is an offence of strict liability.
 (4) However, if a person is younger than 18, the issuing body may issue an MSIC to the person if:
 (a) the person meets the criteria in paragraphs (1)(a), (b), (c), (d) and (da); and
 (b) 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).
Note: See paragraph 6.08I(2)(a) for when an MSIC issued under this subregulation ceases to be valid.
 (5) Despite subregulation (2), the issuing body may issue an MSIC to a person if:
 (a) the person's MSIC is cancelled under paragraph 6.08M(1)(f) or (g) or regulation 6.08N; and
 (b) within 12 months after the cancellation:
 (i) the person has an operational need to hold an MSIC; and
 (ii) the person gives an issuing body a statutory declaration stating that, since the cancellation, no relevant circumstance of the person has changed; and
 (iii) the issuing body lodges a request for the issue of an MSIC using the AusCheck facility.
 (6) An issuing body may issue an MSIC subject to a condition, but must notify the holder in writing what the condition is.
 (7) An issuing body may issue MSICs only in accordance with its MSIC plan.

6.08CA  AusCheck facility to be used when issuing MSIC
  An issuing body issuing an MSIC under regulation 6.08C, 6.08E, 6.08F or 6.08L must use the AusCheck facility.
Penalty: 10 penalty units.

6.08D  Issue of disqualifying notice
 (1) This regulation applies if:
 (a) the background check of an applicant for an MSIC reveals that:
 (i) the person has been convicted of a tier 1 offence; or
 (ii) 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 person issuing the assessment 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