Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p49
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 49/100)
Character Range: 175856–178593

to have the decision reviewed.
 (6) If the Secretary has not made a decision on the application within the period mentioned in subregulation (5), the Secretary is taken to have refused to approve the application.

Alternative identification requirements—classes of persons
 (7) If the Secretary is satisfied that a class of persons may be unable to meet one or more requirements under paragraph 6.08BB(2)(a), the Secretary may approve alternative identification requirements in relation to those requirements for the class of persons.

6.08C  MSICs—issue
 (1) An issuing body may issue an MSIC to a person if the following criteria are satisfied:
 (a) the person has an operational need to hold an MSIC;
 (b) the issuing body is satisfied of the person's identity, after verifying the person's identity in accordance with regulation 6.08BB;
 (c) one of the following applies:
 (i) the person has shown the issuing body a document that is evidence that he or she is an Australian citizen (for example, the person's Australian birth certificate or Australian passport or a notice given to the person under section 37 of the Australian Citizenship Act 2007);
 (ii) the issuing body is satisfied that the person holds a visa entitling him or her to work in Australia;
 (iii) the issuing body is satisfied that the person is a crew member of a regulated Australian ship that is registered in the Australian International Shipping Register under the Shipping Registration Act 1981;
 (d) the issuing body has been notified in writing that a security assessment of the person has been made, and:
 (i) the assessment was not adverse; or
 (ii) if the assessment was qualified—the issuing body has received a notice from the Secretary that an MSIC may be issued because the person is not a threat to the security of maritime transport or an offshore facility;
 (da) the issuing body has been notified in writing by the Secretary that the Department has not been given an adverse criminal intelligence assessment that indicates the person issuing the assessment reasonably believes that preventing the person proposed to be issued 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;
 (e) the issuing body has been notified in writing that a criminal history check of the person has been made, and:
 (i) the check shows that the person does not have an adverse criminal record; or
 (ii) if the check shows that the person has an adverse criminal record—the Secretary has approved an application to issue an MSIC to the person under paragraph 6.08F(3)(a).
 (2) An issuing body commits an offence if:
 (a) the issuing body issues an MSIC to a person;