Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p40
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 40/100)
Character Range: 153208–155876

different from the issuing body's postal address);
 (f) the issuing body's email address;
 (g) the contact telephone number for the issuing body, including an after‑hours number;
 (h) an alternative contact person and number.
 (5) An issuing body commits an offence of strict liability if:
 (a) the issuing body becomes aware of a change in a detail referred to in subregulation (4); and
 (b) the issuing body does not, within 5 working days after becoming aware of the change, notify the Secretary in writing of the detail as changed.
Penalty: 20 penalty units.

6.07R  Issuing body to give effect to MSIC plan
 (1) An issuing body must not fail to give effect to its MSIC plan.
Penalty: 50 penalty units.
 (2) Without limiting subregulation (1), an issuing body fails to give effect to its MSIC plan if it:
 (a) fails to do something that its MSIC plan requires that it do; or
 (b) does something that its MSIC plan requires that it not do; or
 (c) does something that its MSIC plan requires that it do, but does so in a way that contravenes the plan.
 (3) A contravention of subregulation (1) is an offence of strict liability.
 (4) However, an issuing body may apply, in writing, to the Secretary for exemption from giving effect to its MSIC plan in a particular case or respect.
 (5) If the Secretary needs more information to deal with an application, the Secretary may ask the applicant, in writing, to provide the information.
 (6) Within 30 days after receiving an application (or, if the Secretary asks for more information under subregulation (5), within 30 days after receiving the information), the Secretary must:
 (a) grant or refuse the exemption; and
 (b) notify the body in writing of the decision and, if the decision is a refusal, the reasons for 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 their right to have the decision reviewed.
 (7) If the Secretary has not approved, or refused to approve, the exemption within the period allowed by subregulation (6), the Secretary is taken to have refused to approve the exemption.
 (8) The Secretary may also grant, on his or her own initiative, an issuing body a written exemption from giving effect to its MSIC plan in a particular case or respect.
 (9) Before granting or refusing an exemption under this regulation, the Secretary must consider:
 (a) the justification for the proposed exemption; and
 (b) the likely effect of the proposed exemption on each of the matters mentioned in subregulation 6.07Q(2); and
 (c) how