Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p64
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 64/100)
Character Range: 211711–214372

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, the holder has not had an operational need to hold the MSIC; or
 (h) the holder:
 (i) notifies the Secretary or the issuing body under regulation 6.08LB that the holder has been convicted of and sentenced for a maritime‑security‑relevant offence; and
 (ii) does not consent to a background check or does not comply with subregulation 6.08LB(2) and, if requested, subregulation 6.08LB(3); or
 (i) the issuing body finds out that the MSIC has been lost, stolen or destroyed; or
 (j) the issuing body issues a replacement MSIC under regulation 6.08L for a reason referred to in subparagraph 6.08L(1)(a)(iii) (change of name) or 6.08L(1)(a)(iv) (operational need for replacement MSIC); or
 (k) the issuing body finds out that the holder has changed his or her name, and the holder has not asked the issuing body to issue a replacement MSIC under regulation 6.08L.
 (1A) An issuing body must not cancel an MSIC that was:
 (a) issued with the approval of the Secretary under regulation 6.08F; or
 (b) reinstated under regulation 6.08MC;
if:
 (c) the notice that the holder has an adverse criminal record relates to an application for a new MSIC; or
 (d) the Secretary advises the issuing body that there has been no material change in the holder's criminal history.
 (2) As soon as practicable after an issuing body cancels an MSIC under subregulation (1), the body must notify the holder, in writing, that the MSIC has been cancelled and the reasons for the cancellation.
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.
 (2A) An issuing body commits an offence if:
 (a) the issuing body is required to cancel an MSIC under paragraph (1)(c), (ca), (cb), (e), (ea) or (eb); and
 (b) the issuing body fails to immediately cancel the MSIC.
Penalty: 50 penalty units.
 (2B) An issuing body commits an offence if:
 (a) the issuing body cancels an MSIC under paragraph (1)(c), (ca), (cb), (e), (ea) or (eb); and
 (b) the issuing body fails to tell the holder of the MSIC, in writing, as soon as practicable after the day the MSIC is cancelled, that the MSIC has been cancelled and the reasons for the cancellation.
Penalty: 50 penalty units.
 (3) A cancellation under subregulation (1) takes effect when the holder is notified of it in writing.
 (4)