Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p38
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 38/100)
Character Range: 148167–150813

(1) Despite regulation 6.07J, somebody to whom the Secretary has given an exemption under this regulation need not display an MSIC in a maritime security zone.
 (2) Within 30 days after receiving an application, the Secretary must:
 (a) give or refuse the exemption; and
 (b) notify the person in writing of the decision and, if the decision is a refusal, the reasons for it.
 (3) On the Secretary's own initiative, or on written application by a person, the Secretary may give a person, or all persons in a specified class, exemption from the requirement, in 1 or more specified maritime security zones, to:
 (a) hold an MSIC; or
 (b) carry an MSIC; or
 (c) display an MSIC.
 (4) Before giving or refusing an exemption, the Secretary must consider:
 (a) why the exemption is necessary; and
 (b) the likely effect of the proposed exemption on the security of maritime transport or an offshore facility in the zone; and
 (c) how long the proposed exemption will last, if it is given; and
 (d) anything else relevant that the Secretary knows about.
 (5) The Secretary may give an exemption:
 (a) for a particular period and subject to a condition or conditions mentioned in the exemption; or
 (b) limited to a particular zone or part of a zone.
 (6) If the Secretary gives an exemption to all persons in a specified class, the Secretary must publish a notice of the exemption in the Gazette.
 (7) In this regulation, MSIC means a blue MSIC or a temporary MSIC, but does not include a white MSIC.

6.07N  Access by emergency personnel
 (1) Nothing in this Division requires or authorises a maritime industry participant to prevent any of the following having access to any part of a maritime security zone:
 (a) members of the Defence Force who are responding to an event or threat of unlawful interference with maritime transport or an offshore facility;
 (b) law enforcement officers or ambulance, rescue or fire service officers who are responding to an emergency.
 (2) A requirement of this Part to hold, carry or display an MSIC or a temporary MSIC does not apply to a person referred to in paragraph (1)(a) or (b).

Subdivision 6.1A.3—MSIC issuing bodies

6.07P  Comptroller‑General of Customs to be issuing body
 (1) The Comptroller‑General of Customs is an issuing body.
 (2) The Comptroller‑General of Customs must have an MSIC plan.

6.07Q  What an MSIC plan is
 (1) An MSIC plan for an issuing body sets out the procedures to be followed by the issuing body in the performance of its functions under this Division, and the exercise of its powers under this Division.
 (2) The MSIC plan must include procedures in relation to the following