Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p48
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 48/100)
Character Range: 173133–176128

must give the documents referred to in paragraph (2)(a) (or any other documents given in accordance with alternative identification requirements) to the issuing body even if the person has previously given the same documents to the same issuing body in relation to another application for the issue of an MSIC.

6.08BC  Alternative requirements for verifying identity

Alternative identification requirements—persons
 (1) If a person cannot satisfy one or more requirements to give a document to an issuing body under paragraph 6.08BB(2)(a), the issuing body may apply to the Secretary for approval of alternative identification requirements in relation to those requirements for the person.
 (2) The application must:
 (a) be in writing; and
 (b) state whether the document or documents are one or more of the following:
 (i) a Category A identification document;
 (ii) a Category B identification document;
 (iii) a Category C identification document;
 (iv) a Category D identification document; and
 (c) state the reason why the person cannot satisfy the requirement or requirements; and
 (d) set out alternative identification requirements; and
 (e) if the alternative identification requirements relate to another document or other documents—include a copy of that document or those documents; and
 (f) include any other information that may assist the Secretary in making a decision about whether to approve the alternative identification requirements.
 (3) In making a decision to approve, or refuse to approve, alternative identification requirements, the Secretary must consider the following matters:
 (a) the extent to which the issuing body can show evidence of the identity of the person;
 (b) the reason why the person cannot satisfy the requirement or requirements;
 (c) whether the alternative identification requirements proposed are sufficient to enable the Secretary AGD to conduct a background check.
 (4) If the Secretary requires further information to consider the application, the Secretary may request the issuing body to give the further information.
 (5) The Secretary must, in writing and within 30 days after receiving the application or, if further information is requested, within 30 days after receiving the further information:
 (a) approve, or refuse to approve, the alternative identification requirements for the person; and
 (b) notify the issuing body of the decision; and
 (c) if the decision is a refusal—notify the issuing body of the reasons for the refusal.
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.
 (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