Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p53
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 53/100)
Character Range: 185515–188153

what the condition is.
 (7) Subregulation (8) applies if the Secretary, under paragraph (3)(b), notifies the body or applicant that he or she has refused to approve the issuing of an MSIC.
 (8) If the Secretary thinks it is necessary to do so to prevent unlawful interference with maritime transport or offshore facilities, or to prevent the use of maritime transport or offshore facilities in connection with serious crime, he or she may:
 (a) direct the issuing body to which the person applied for the issue of an MSIC, in writing, to give the Secretary the following information:
 (i) the name of the person's employer;
 (ii) the kind of business that the employer is engaged in; and
 (b) give a written notice to the person's employer, a maritime industry participant or both:
 (i) stating that, following a background check, the Secretary has refused to approve the issue of an MSIC to the person; and
 (ii) stating the information provided by the issuing body following a direction under paragraph (a).

Applicant who does not have an operational need
 (9) If the Secretary approves the issue of an MSIC to a person who does not have an operational need for the MSIC, the MSIC must not be issued until the person has an operational need for the MSIC.

6.08H  Persons the subject of qualified security assessments
 (1) If a security assessment of a person who applied to an issuing body for the issue of an MSIC is a qualified security assessment, the Secretary must:
 (a) if the Secretary is satisfied that the holding of an MSIC by the person would not constitute a threat to the security of maritime transport or an offshore facility—give the issuing body a written notice stating that an MSIC may be issued because the person is not a threat to the security of maritime transport or an offshore facility; or
 (b) if the Secretary is satisfied that the holding of an MSIC by the person would constitute a threat to the security of maritime transport or an offshore facility—give the issuing body a written direction not to issue the MSIC to the person.
Note: For a person's notification and review rights in relation to a qualified security assessment, see section 38 and Division 4 of Part IV of the Australian Security Intelligence Organisation Act 1979.
 (2) The Secretary must give the person a notice stating that the Secretary has given the issuing body a notice under paragraph (1)(a) or a direction under paragraph (1)(b).
 (3) An issuing body must not issue an MSIC to a person in contravention of a direction under paragraph (1)(b).
Penalty: 20 penalty units.

6.08HA  Provision of information to Secretary AGD
  If the