Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p51
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 51/100)
Character Range: 180736–183377

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 offshore facility in connection with serious crime.
Note: For a person's notification and review rights in relation to an adverse criminal intelligence assessment, see section 36D and Subdivision C of Division 2A of Part II of the Australian Crime Commission Act 2002.
 (2) The Secretary AGD must send the person a notice in writing (a disqualifying notice) that informs the person about the results of the background check and the effect of regulation 6.07K in relation to the person.
 (2A) The Secretary AGD must give the Secretary a copy of a notice issued under subregulation (2).
 (3) If the Secretary thinks it is necessary to do so to prevent unlawful interference with maritime transport or offshore facilities, or to prevent the use of maritime transport or offshore facilities in connection with serious crime, he or she may:
 (a) direct the issuing body to which the person applied for the issue of an MSIC, in writing, to give the Secretary the following information:
 (i) the name of the person's employer;
 (ii) the kind of business that the employer is engaged in; and
 (b) give a written notice to the person's employer, a maritime industry participant or both:
 (i) stating that, following a background check, a disqualifying notice has been sent to the person; and
 (ii) stating the information provided by the issuing body following a direction under paragraph (a).

6.08E  Issue of MSICs to ASIC holders
  An issuing body may issue an MSIC to a person without verifying that the person has satisfied the criteria set out in subregulation 6.08C(1) if the person:
 (a) holds an ASIC issued under the Aviation Transport Security Regulations 2005; and
 (b) has an operational need for the MSIC.
Note: The MSIC expires on the same day as the ASIC: see paragraph 6.08I(2)(c).

6.08F  MSICs—application to Secretary if person has adverse criminal record
 (1) If:
 (a) a person is not eligible to be issued an MSIC only because he or she:
 (i) has an adverse criminal record; or
 (ii) has an adverse criminal record, and does not have an operational need for an MSIC; and
 (b) 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.
Note: If the person does not have an operational need for an MSIC, an MSIC must not be issued to the person until he or she