Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p63
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 63/100)
Character Range: 209236–211929

is suspended, tell the Secretary, in writing:
 (a) about the suspension; and
 (b) the name, date of birth and residential address of the holder of the MSIC.
Note: An issuing body may suspend an MSIC only when directed by the Secretary—see subregulation 6.08LF(1).
 (2) The Secretary may tell the holder's employer, or a maritime industry participant, that the MSIC has been suspended if the Secretary considers on reasonable grounds that doing so may help to prevent unlawful interference with maritime transport or offshore facilities.

6.08M  Cancellation of MSICs
 (1) An issuing body must immediately cancel an MSIC issued by the body if:
 (a) the body finds out that the MSIC was not issued in accordance with the body's MSIC plan; or
 (b) the Secretary finds out that the MSIC was not issued in accordance with the body's MSIC plan and notifies the issuing body in writing; or
 (c) the Secretary has notified the issuing body in writing that a security assessment of the holder was adverse; or
 (ca) the Secretary has told the issuing body in writing that the holder has received a qualified security assessment; or
 (cb) the Secretary has notified the issuing body in writing that the Department has been given an adverse criminal intelligence assessment that indicates the person issuing the assessment reasonably believes that preventing the holder from holding an MSIC is necessary or desirable to prevent the use of maritime transport or an offshore facility in connection with serious crime; or
 (d) the body finds out that the holder is not entitled to work in Australia, and the holder is not a person mentioned in subparagraph 6.08C(1)(c)(iii); or
 (e) subject to subregulation (1A), the issuing body has received a notice from the Secretary that the holder has an adverse criminal record; or
 (ea) the Secretary advises the issuing body that a background check of the holder has been cancelled under section 11A of the AusCheck Regulations 2017; or
 (eb) the holder of an MSIC that is issued for more than 2 years withdraws consent for a background check before an application for the check is taken to be made under subsection 10(2) of the AusCheck Regulations 2017; or
 (ec) both of the following apply:
 (i) an application for a background check of the holder is made under regulation 6.08BA or 6.08LC of these Regulations or subsection 9(2), 10(2) or 16A(3) of the AusCheck Regulations 2017;
 (ii) the Secretary AGD advises the issuing body under section 15A of the AusCheck Regulations 2017 that the background check is cancelled; or
 (f) the holder no longer has an operational need to hold the MSIC; or
 (g) the body finds out that, for a continuous period of 12 months,