Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p47
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 47/100)
Character Range: 170535–173385

MSIC, may be in force for only 2 years: see regulation 6.08I.

6.08BA  Application for background check
  An issuing body may apply to the Secretary AGD for a background check on:
 (a) an applicant for an MSIC; or
 (b) the holder of an MSIC if the issuing body considers on reasonable grounds that either or both of the following subparagraphs apply in relation to the last application (the previous application) for a background check on the holder made under paragraph (a) or (c):
 (i) any of the requirements of the AusCheck Regulations 2017 for the previous application were not satisfied;
 (ii) the Secretary AGD did not have all of the required information (within the meaning of the AusCheck Regulations 2017) for the individual when AusCheck undertook a background check in response to the previous application; or
 (c) the holder of an MSIC who has notified the issuing body under regulation 6.08LB that the holder has been convicted of and sentenced for a maritime‑security‑relevant offence.

6.08BB  Requirements for verifying identity
 (1) This regulation sets out how a person's identity is to be verified by an issuing body for the purposes of paragraph 6.08C(1)(b).
 (2) The person must:
 (a) subject to subregulation (3), give to the issuing body, in person, an original of each of the following for the person:
 (i) a Category A identification document;
 (ii) a Category B identification document that is different from the Category A identification document;
 (iii) a Category C identification document that is different from the Category A identification document and the Category B identification document;
 (iv) if evidence of residential address is not set out in a document already given—a Category D identification document; and
 (b) give to the issuing body the information required under the AusCheck Regulations 2017 to be included in an application for a background check in relation to the person.
 (3) If the Secretary has given an approval under regulation 6.08BC for alternative identification requirements to apply to the person, or a class of persons including the person, in relation to a requirement (the primary requirement) referred to in paragraph (2)(a) of this regulation, the person may satisfy the primary requirement by complying with the alternative identification requirements.
 (4) The issuing body must verify the person's identity at the time the person gives the documents referred to in paragraph (2)(a) (or any other documents given in accordance with alternative identification requirements) to the issuing body.
 (5) To avoid doubt, the person must give the documents referred to in paragraph (2)(a) (or any other documents given in accordance with alternative identification requirements) to the issuing body even if the person has previously given the same documents to the same issuing body in