Maritime Transport and Offshore Facilities Security Amendment Regulation 2012 (No. 2)

Link to law: https://www.comlaw.gov.au/Details/F2012L01824

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Maritime Transport and Offshore Facilities Security Amendment Regulation 2012 (No. 2)1
Select Legislative Instrument 2012 No. 214
I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government 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 30 August 2012
MARIE BASHIR
Administrator
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. 2).
2              Commencement
                This regulation commences on the day after it is registered.
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]           Regulation 6.08LBA
substitute
6.08LBA   Obligation on issuing body notified under regulation 6.08LB
                An issuing body for an MSIC commits an offence if:
                (a)    the holder of an MSIC notifies the issuing body of the matters mentioned in subregulation 6.08LB (2); and
               (b)    the issuing body fails to apply to the Secretary AGD for a background check on the holder within 2 working days after the holder:
                          (i)    notifies of his or her consent under paragraph 6.08LB (2) (e); or
                         (ii)    if any information is requested under subregulation 6.08LB (3)—provides that information.
Penalty:   100 penalty units.
[2]           Regulation 6.08LD
substitute
6.08LD   Obligation of MSIC holders issued with cards for more than 2 years—change of name or address
         (1)   A holder of an MSIC commits an offence if:
                (a)    the holder’s MSIC was issued for more than 2 years; and
               (b)    the holder’s name or residential address has changed since the holder applied for the MSIC; and
                (c)    the holder fails to notify the issuing body that issued the MSIC of all the changes to the holder’s name or residential address since the holder applied for the MSIC; and
               (d)    the notification is not made in the manner mentioned in subregulation (2) and by the time mentioned in subregulation (3).
Penalty:   5 penalty units.
         (2)   For paragraph (1) (d), the notification must be made in the following manner:
                (a)    if the holder is notifying the issuing body of a change in name:
                          (i)    by providing, in person, to the issuing body an original certificate issued by a State or Territory authority that recognises the change of name; or
                         (ii)    by statutory declaration;
               (b)    if the holder is notifying the issuing body of a change in residential address—in writing.
         (3)   For paragraph (1) (d), the time is no later than 2 years and 30 days before the day of expiry mentioned on the front of the holder’s MSIC.
6.08LDA   Obligation of issuing bodies—notification of change of name or address
                An issuing body for an MSIC commits an offence if:
                (a)    the holder of an MSIC notifies the issuing body of the change of his or her name or residential address in accordance with regulation 6.08LD; and
               (b)    the issuing body fails, within 7 days of being notified of the change, to update the AusCheck facility with the changed name or address.
Penalty:   50 penalty units.
[3]           Paragraph 6.08M (1) (eb)
substitute
              (eb)    the holder of an MSIC that is issued for more than 2 years withdraws consent for a background check before an application for the check is taken to be made under subregulation 5 (5) of the AusCheck Regulations 2007.
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.