Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p45
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 45/100)
Character Range: 165622–168375

or
 (iv) have been cancelled or have expired, if another MSIC may be issued to the former holder without a further background check being conducted; and
 (b) any applications for MSICs (transferred MSIC applications) made to the original issuing body in relation to which the original issuing body:
 (i) has applied to the Secretary AGD for a background check (whether or not the background check has been completed); but
 (ii) has not yet issued, or refused to issue, an MSIC.

Transferred MSICs and transferred MSIC applications
 (4) A transferred MSIC is not affected by the original issuing body no longer being an issuing body.
 (5) The new issuing body is not responsible for the actions of the original issuing body in relation to a transferred MSIC.
 (6) The new issuing body may continue to deal with a transferred MSIC application as if it had been made to the new issuing body, and if the new issuing body does so:
 (a) subject to paragraph (b), anything done by or in relation to the original issuing body in relation to the transferred MSIC application is taken, for the purposes of the new issuing body dealing with the application under this Division, to have been done by or in relation to the new issuing body; but
 (b) the new issuing body may disregard anything done by or in relation to the original issuing body in relation to the transferred MSIC application for the purposes of dealing with the application under this Division, if the new issuing body considers it appropriate to do so.
Note: For example, the new issuing body may continue to process a transferred MSIC application, and may issue the MSIC applied for, in reliance on identification documents provided to the original issuing body. However, the new issuing body may choose not to rely on the documents, and may require the applicant to provide identification documents again, if the new issuing body considers it appropriate to do so.

Transfer of records and documents to new issuing body
 (7) The original issuing body must transfer to the new issuing body:
 (a) the original issuing body's register of MSICs, to the extent that the register relates to transferred MSICs; and
 (b) any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007) in the original issuing body's possession that relate to:
 (i) transferred MSICs; or
 (ii) transferred MSIC applications.

Transfer of records and documents to Secretary
 (8) The original issuing body must transfer to the Secretary any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007) that subregulation 6.08U(2) requires the original