Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p67
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 67/100)
Character Range: 219235–221906

body, in writing, about the decision.
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.
 (3) If the Secretary does not make a decision mentioned in paragraph (2)(a) within the period mentioned in subregulation (2), the Secretary is taken to have refused to set aside the cancellation of the MSIC.
 (4) Before making a decision mentioned in paragraph (2)(a), the Secretary must decide whether the former holder constitutes a threat to the security of maritime transport or an offshore facility by considering:
 (a) the type and length of the term of imprisonment imposed on the former holder; and
 (b) if the former holder has served the term, or part of the term—how long it is, and the former holder's conduct, since the term was served; and
 (c) whether the former holder was convicted of the offence before becoming the holder of an MSIC; and
 (d) the effect on the holder's employment if the MSIC is cancelled; and
 (e) the location of the maritime security zone where the holder is employed; and
 (f) whether the holder is employed in a port security zone, ship security zone, on‑board security zone or offshore security zone and the type of area in which the holder is employed; and
 (g) anything else relevant that the Secretary knows about.
 (5) In this regulation:
applicant, for a cancelled MSIC, means the person who made the application under subregulation 6.08MA(2) for the cancellation to be set aside.

6.08MD  Reinstatement of MSIC subject to condition
 (1) The Secretary may set aside a cancellation mentioned in regulation 6.08MB or 6.08MC subject to a condition.
Example: A condition that background checking is conducted at stated intervals.
 (2) If the former holder of the MSIC applied for the cancellation to be set aside, and the Secretary sets the cancellation aside subject to a condition, the Secretary must tell the issuing body for the MSIC, in writing, about the condition.
 (3) If the issuing body for the MSIC applied for the cancellation to be set aside, and the Secretary sets the cancellation aside subject to a condition, the Secretary must tell the former holder of the MSIC, in writing, about the condition.

6.08N  Cancellation of MSICs at holder's request
 (1) An issuing body must cancel an MSIC issued by the body if the holder of the MSIC asks the body to cancel it.
 (2) The cancellation of a blue MSIC under subregulation (1) takes effect when the MSIC is returned to the issuing body.
 (3) The cancellation of a white MSIC