Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p46
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 46/100)
Character Range: 168091–170757

documents to Secretary
 (8) The original issuing body must transfer to the Secretary any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007) that subregulation 6.08U(2) requires the original issuing body to retain, other than records or documents transferred to a new issuing body (if any) under subregulation (7) of this regulation.
Note: Subregulation (8) applies whether or not there is a new issuing body.

6.07ZB  Transitional issuing bodies
 (1) The Secretary may, in writing, declare an issuing body to be a transitional issuing body.
 (2) If the Secretary declares an issuing body to be a transitional issuing body, the following apply to the body:
 (a) beginning on the day after the Secretary makes the declaration, the transitional issuing body:
 (i) must not issue a new MSIC unless the issuing body received the application for the MSIC before the issuing body was declared to be a transitional issuing body; and
 (ii) must not apply to the Secretary AGD for a background check, other than under regulation 6.08LBA;
 (b) the transitional issuing body continues to be the issuing body for any MSICs issued by the issuing body, and may issue replacement MSICs;
 (c) the transitional issuing body's authorisation as an issuing body is taken to be revoked immediately after the expiry or cancellation of the last MSIC issued by the body.
Note: A transitional issuing body remains an issuing body (see the definition of issuing body in subregulation 6.07B(1)).

Offence
 (4) A person commits an offence if:
 (a) the person is a transitional issuing body; and
 (b) the person issues an MSIC, a card resembling an MSIC, or a card apparently intended to be taken to be an MSIC; and
 (c) the MSIC or card:
 (i) is not a replacement MSIC; and
 (ii) is not a new MSIC that was applied for before the person was declared to be a transitional issuing body.
Penalty: 50 penalty units.

Subdivision 6.1A.4—MSICs: issue, expiry, suspension and cancellation

6.08B  MSICs—application
 (1) A person may, in writing, apply to an issuing body for a blue MSIC or a white MSIC.
 (2) An applicant for a blue MSIC must state in the application whether the person is applying for a blue MSIC that is to be in force for 2 years or 4 years.
Note: A blue MSIC issued to a person on the basis of being a person mentioned in subparagraph 6.08C(1)(c)(iii), or a white 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