Maritime Transport and Offshore Facilities Security Amendment Regulation 2012 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2012L01421

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Maritime Transport and Offshore Facilities Security Amendment Regulation 2012 (No. 1)1
Select Legislative Instrument 2012 No. 136
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Maritime Transport and Offshore Facilities Security Act 2003.
Dated 28 June 2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
ANTHONY ALBANESE
Minister for Infrastructure and Transport
1              Name of regulation
                This regulation is the Maritime Transport and Offshore Facilities Security Amendment Regulation 2012 (No. 1).
2              Commencement
                This regulation commences on 1 July 2012.
3              Amendment of Maritime Transport and Offshore Facilities Security Regulations 2003
                Schedule 1 amends the Maritime Transport and Offshore Facilities Security Regulations 2003.
Schedule 1        Amendments
(section 3)
 
[1]           Subregulation 6.08B (2), at the foot
insert
Note   If a person is issued an MSIC on the basis of being a person mentioned in subparagraph 6.08C (1) (c) (iii), the person may be issued an MSIC for only 2 years: see paragraph 6.08I (2) (d).
[2]           Subregulation 6.08C (1)
substitute
         (1)   An issuing body may issue an MSIC to a person if the following criteria are satisfied:
                (a)    the person has an operational need to hold an MSIC;
               (b)    the person has verified his or her identity by showing the issuing body a primary identification document and:
                          (i)    a secondary identification document; or
                         (ii)    2 tertiary identification documents;
                (c)    one of the following applies:
                          (i)    the person has shown the issuing body a document that is evidence that he or she is an Australian citizen (for example, his or her Australian birth certificate, Australian passport or certificate of Australian citizenship);
                         (ii)    the issuing body is satisfied that the person holds a visa entitling him or her to work in Australia;
                        (iii)    the issuing body is satisfied that the person is a crew member of a regulated Australian ship that is registered in the Australian International Shipping Register under the Shipping Registration Act 1981;
               (d)    the issuing body has been notified in writing that a security assessment of the person has been made, and:
                          (i)    the assessment was not adverse; or
                         (ii)    if the assessment was qualified—the issuing body has received a notice from the Secretary that an MSIC may be issued because the person is not a threat to the security of maritime transport or an offshore facility;
                (e)    the issuing body has been notified in writing that a criminal history check of the person has been made, and:
                          (i)    the check shows that the person does not have an adverse criminal record; or
                         (ii)    if the check shows that the person has an adverse criminal record—the Secretary has approved an application to issue an MSIC to the person under paragraph 6.08F (3) (a).
         (2)   An issuing body commits an offence if:
                (a)    the issuing body issues an MSIC to a person; and
               (b)    the criteria for the issue of an MSIC mentioned in subregulation (1) are not satisfied.
Penalty:   50 penalty units.
[3]           Subregulation 6.08C (3)
omit
(1)
insert
(2)
[4]           Subregulation 6.08C (4), including the note
substitute
         (4)   However, if a person is younger than 18, the issuing body may issue an MSIC to the person if the criteria mentioned in paragraphs (1) (a), (b) and (c) are satisfied.
Note   See paragraph 6.08I (2) (a) for when an MSIC issued under this subregulation ceases to be valid.
[5]           Subregulation 6.08C (5)
omit
subregulation (1)
insert
subregulation (2)
[6]           After subregulation 6.08C (5)
insert
         (6)   An issuing body may issue an MSIC subject to a condition, but must notify the holder in writing what the condition is.
         (7)   An issuing body may issue MSICs only in accordance with its MSIC plan.
[7]           Subregulations 6.08CA (6) and (7)
omit
[8]           Subregulation 6.08F (6), example
omit
[9]           Subregulation 6.08F (7)
substitute
         (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.
[10]         Paragraph 6.08I (2) (c)
omit
(a).
insert
(a); and
[11]         After paragraph 6.08I (2) (c)
insert
               (d)    an MSIC issued to a person on the basis of being a person mentioned in subparagraph 6.08C (1) (c) (iii) must expire no later than 2 years after the day the criminal history check on the person for the issue of the MSIC is completed.
[12]         Paragraph 6.08M (1) (d)
omit
Australia; or
insert
Australia, and the holder is not a person mentioned in subparagraph 6.08C (1) (c) (iii); or
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.