Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p33
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 33/100)
Character Range: 136055–138813

taken for all purposes never to have been convicted (see section 85ZR).
Note 3: In certain circumstances, Division 3 of Part VIIC of the Crimes Act 1914 ceases to apply to a person in relation to a spent conviction if Division 4 (Convictions of further offences) applies.
Note 4: Under the Crimes Act 1914, a person need not disclose convictions that:
(a) have been quashed (see section 85ZT); or
(b) are spent (see section 85ZV).
Note 5: Convictions for certain offences do not become spent for the purposes of assessing whether to issue the convicted person with an MSIC—see paragraph 85ZZH(k) of the Crimes Act 1914 and Schedule 2 to the Crimes Regulations 2019.
directly involved in the issue of MSICs: a person is directly involved in the issue of MSICs if the person performs any of the following activities:
 (a) accepting applications for MSICs;
 (b) applying for background checks under this Division;
 (ba) receiving documents given to an issuing body in person in accordance with this Division;
 (c) verifying identification documents for the purposes of this Division;
 (d) printing or producing MSICs;
 (e) issuing MSICs, including considering whether criteria for the issue of MSICs are satisfied and whether MSICs are to be issued with conditions;
 (f) storing equipment associated with the production of MSICs;
 (g) destroying MSICs that are no longer required, including expired or cancelled MSICs.
exempt person, in relation to a maritime security zone, or a part of a maritime security zone, means a person who under the Act or these Regulations, is not required to properly display a valid MSIC in the zone or that part of the zone.
foreign official means any of the following:
 (a) a member of the diplomatic staff (including the head) of a diplomatic mission established in Australia;
 (b) a member of the consular staff (including the head) of a consular post established in Australia;
 (c) any other member of the staff of such a diplomatic mission or consular post.
holder, of an MSIC or a temporary MSIC, means the person to whom it is issued.
identification document means any of the following:
 (a) a Category A identification document;
 (b) a Category B identification document;
 (c) a Category C identification document;
 (d) a Category D identification document;
 (e) any other document used to identify a person for the purposes of this Division.
imprisonment includes periodic detention, home‑based detention and detention until the rising of a court, but does not include an obligation to perform community service.
issuing body means a person or body:
 (a) that is authorised to issue MSICs; or
 (b) that is a transitional issuing body.
maritime‑security‑relevant offence means an offence mentioned in an item of a table in