Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p66
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 66/100)
Character Range: 216696–219482

of the MSIC—the issuing body;
 (iv) if the applicant is the issuing body—the former holder of the MSIC; and
 (c) if the Secretary refuses to set aside the cancellation:
 (i) tell the former holder of the MSIC, in writing, about the decision and the reasons for it; and
 (ii) if the applicant is the issuing body—tell the issuing body, in writing, about the decision.
Note 1: See section 266 of the Administrative Review Tribunal Act 2024 for the requirements for the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.
Note 2: For a person's notification and review rights in relation to a qualified security assessment, see section 38 and Division 4 of Part IV of the Australian Security Intelligence Organisation Act 1979.
 (5) If the Secretary does not make a decision mentioned in paragraph (4)(a) within the period mentioned in subregulation (4), the Secretary is taken to have refused to set aside the cancellation of the MSIC.
 (6) In this regulation:
applicant, for a cancelled MSIC, means the person who made the application under subregulation 6.08MA(2) for the cancellation to be set aside.

6.08MC  Reinstatement of MSIC cancelled for adverse criminal record—Secretary's decision
 (1) This regulation applies if:
 (a) an MSIC is cancelled under paragraph 6.08M(1)(e); and
 (b) the Secretary receives:
 (i) an application mentioned in subregulation 6.08MA(2) from the applicant; or
 (ii) if the Secretary asks the former holder of the MSIC or the issuing body for the MSIC for information under subregulation 6.08MA(4)—the information.
 (2) Within 30 days after the day the Secretary receives the application or, if subparagraph (1)(b)(ii) applies, within 30 days after the day the Secretary receives the information, the Secretary must:
 (a) decide whether to set aside the cancellation of the MSIC; and
 (b) if the Secretary decides to set aside the cancellation—tell the following persons, in writing, about the decision and any conditions under regulation 6.08MD to which the setting aside is subject:
 (i) the applicant;
 (ii) the Secretary AGD;
 (iii) if the applicant is the former holder of the MSIC—the issuing body;
 (iv) if the applicant is the issuing body—the former holder of the MSIC; and
 (c) if the Secretary refuses to set aside the cancellation:
 (i) tell the former holder of the MSIC, in writing, about the decision and the reasons for it; and
 (ii) if the applicant is the issuing body—tell the issuing body, in writing, about the decision.
Note: See section 266 of the Administrative Review Tribunal Act 2024 for the requirements for the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and