Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p59
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 59/100)
Character Range: 199576–202205

and
 (b) holds a new visa entitling him or her to work in Australia, that was issued less than 12 months after the expiry of the old visa; and
 (c) has an operational need to hold the MSIC that the issuing body proposes to issue; and
 (d) gives the issuing body a statutory declaration stating that, since the expiry of the old visa, none of the information given in relation to the application for the old MSIC has changed.

6.08LB  Obligation of applicants for, and holders of, MSICs—conviction of maritime‑security‑relevant offence
 (1) Subregulation (2) applies if a person who is an applicant for, or the holder of, an MSIC is:
 (a) convicted of and sentenced for a tier 1 offence or tier 2 offence; or
 (b) convicted of, and sentenced to imprisonment for, a tier 3 offence.
 (2) Within 7 days after being sentenced, the person must notify the issuing body or the Secretary in writing of the following matters:
 (a) his or her name, date of birth and residential address;
 (b) if he or she holds one or more MSICs—the unique number of each MSIC held;
 (c) the date he or she was convicted and sentenced;
 (d) the court in which he or she was convicted;
 (e) whether he or she gives consent for:
 (i) his or her identity to be confirmed; and
 (ii) new background checks to be undertaken; and
 (iii) 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.
Penalty: 20 penalty units.
Note: For the meaning of maritime‑security‑relevant offence, see regulation 6.07B.
 (3) The issuing body or the Secretary may, if not satisfied that all of the information mentioned in subregulation (2) has been provided, request that the person provide that information within 14 days.
 (4) For paragraph (2)(e), consent is given if the person gives consent and any information requested to confirm his or her identity to:
 (a) if the person notified the issuing body under subregulation (1)—the issuing body; or
 (b) if the person notified the Secretary under subregulation (1)—the Secretary.
 (5) The Secretary must tell the issuing body if the person:
 (a) notifies the Secretary under subregulation (2); and
 (b) does not:
 (i) give his or her consent under paragraph (2)(e); or
 (ii) comply with:
 (A) all of the requirements of subregulation  (2); and
 (B) any request under subregulation (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