Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p52
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 52/100)
Character Range: 183179–185748

to the Secretary, in writing, for approval to issue an MSIC to the person.
Note: If the person does not have an operational need for an MSIC, an MSIC must not be issued to the person until he or she has an operational need (see subregulation (9)).
 (2) If the Secretary needs more information to deal with an application, the Secretary may ask the issuing body or applicant, in writing, to provide the information.
 (3) Within 30 days after receiving an application (or, if the Secretary has asked for information under subregulation (2), after receiving the information), the Secretary must:
 (a) approve, or refuse to approve, in writing, the issuing of the MSIC; and
 (b) notify the body, or applicant, in writing of the decision and, if the decision is a refusal, notify the applicant of the reasons for 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.
 (4) If the Secretary has not approved, or refused to approve, the issue of the MSIC within the period allowed by subregulation (3), the Secretary is taken to have refused to approve the issue of the MSIC.
 (5) Before approving or refusing to approve the issue of the MSIC to a person who is not eligible to be issued an MSIC only because the person's criminal record prevents him or her being issued with an MSIC, the Secretary must decide whether the person constitutes a threat to the security of maritime transport or an offshore facility by considering:
 (a) the nature of the offence the person was convicted of; and
 (ab) if the person was convicted of the offence before becoming the holder of an MSIC; and
 (b) the length of the term of imprisonment imposed on him or her; and
 (c) if he or she has served the term, or part of the term—how long it is, and his or her conduct and employment history, since he or she did so; and
 (d) if the whole of the sentence was suspended—how long the sentence is, and his or her conduct and employment history, since the sentence was imposed; and
 (e) anything else relevant that the Secretary knows about.
 (6) The Secretary may give an approval subject to a condition, but must notify the issuing body in writing what the condition is.
 (7) Subregulation (8) applies if the Secretary, under paragraph (3)(b), notifies the body or applicant that he or she has refused to approve the issuing of an MSIC.
 (8) If the Secretary thinks it is necessary