Maritime Transport and Offshore Facilities Security Amendment Regulations 2010 (No. 2) (Cth)

Maritime Transport and Offshore Facilities Security Amendment Regulations 2010 (No. 2)¹

Select Legislative Instrument 2010 No. 299

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Maritime Transport and Offshore Facilities Security Act 2003.

Dated 24 November 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure and Transport

Name of Regulations

These Regulations are the Maritime Transport and Offshore Facilities Security Amendment Regulations 2010 (No. 2).

Commencement

These Regulations commence on the commencement of regulation 4 of the Maritime Transport and Offshore Facilities Security Amendment Regulations 2010 (No. 1).

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

(regulation 3)

[1] Subregulation 6.07B (1), after definition of ASIO

insert

AusCheck facility means the facility made available by the Secretary AGD in accordance with regulation 13 of the AusCheck Regulations 2007.

[2] Paragraph 6.08BA (1) (b)

omit

MSICs.

insert

MSICs; or

[3] After paragraph 6.08BA (1) (b)

insert

(c)the holder of an MSIC who tells the issuing body, in writing, that the holder has been:

(i)convicted of a disqualifying offence; or

(ii)convicted of any other maritime-security-relevant offence and sentenced to imprisonment for the offence.

[4] Subregulation 6.08C (5)

substitute

(5)Despite subregulation (1), the issuing body may issue an MSIC to a person if:

(a)the person’s MSIC is cancelled under paragraph 6.08M (1) (f) or (g) or regulation 6.08N; and

(b)within 12 months after the cancellation:

(i)the person has an operational need to hold an MSIC; and

(ii)the person gives an issuing body a statutory declaration stating that, since the cancellation, no relevant circumstance of the person has changed; and

(iii)the issuing body lodges a request for the issue of an MSIC using the AusCheck facility.

6.08CAAusCheck facility to be used when issuing MSIC

An issuing body issuing an MSIC under regulation 6.08C, 6.08E or 6.08F must use the AusCheck facility.

Penalty: 10 penalty units.

[5] Subregulation 6.08I (4)

substitute

(4)If an MSIC is cancelled and the cancellation is set aside (however described) by the Secretary or the Administrative Appeals Tribunal, the MSIC expires on the earlier of:

(a)the date it would have expired if it had not been cancelled; or

(b)if a condition imposed under subregulation 6.08MD (1) sets an earlier expiry date — that date.

[6] Subregulation 6.08J (2)

after

of

insert

the front of

[7] Subregulation 6.08J (4)

substitute

(4)The back of an MSIC:

(a) must have the following statement in at least 10 point Arial:

“You must report a maritime-security-relevant offence to your Issuing Body or AusCheck.”; and

(b)may have the holder’s name if:

(i)the MSIC is issued to a law enforcement officer or an officer or employee of ASIO; or

(ii)the Secretary approves under subregulation (5); and

(c)may have any other information the issuing body thinks appropriate.

[8] Regulation 6.08LB

substitute

6.08LBObligation of MSIC holders — conviction of maritime‑ security‑relevant offence

(1)Subregulation (2) applies if the holder of an MSIC is:

(a)convicted and sentenced for a disqualifying offence; or

(b)convicted of any other maritime-security-relevant offence and sentenced to imprisonment for the offence.

(2)Within 7 days after being sentenced, the holder must notify the issuing body or the Secretary AGD in writing of the following matters:

(a)his or her name, date of birth and residential address;

(b)the number of his or her MSIC or MSICs;

(c)the date he or she was convicted and sentenced;

(d)the court in which he or she was convicted;

(e)whether he or she gives consent for:

(i)his or her identity to be confirmed; and

(ii)new background checks to be undertaken; and

(iii)the outcome of the background checks to be provided to the issuing body, if the outcome will adversely affect his or her ability to continue holding the MSIC.

Penalty: 20 penalty units.

Note For the meaning of maritime-security-relevant offence, see regulation 6.07B.

(3)The issuing body or the Secretary AGD may, if not satisfied that all of the information mentioned in subregulation (2) has been provided, request that the holder provide that information within 14 days.

(4)For paragraph (2) (e), consent is given if the holder gives consent and any information requested to confirm his or her identity to:

(a)if the holder notified the issuing body under subregulation (1) — the issuing body; or

(b)if the holder notified the Secretary AGD under subregulation (1) — the Secretary AGD.

(5)The Secretary AGD must tell the issuing body if the holder:

(a)notifies the Secretary AGD under subregulation (2); and

(b)does not:

(i)give his or her consent under paragraph (2) (e); or

(ii)comply with:

(A)all of the requirements of subregulation (2); and

(B)any request under subregulation (3) within 14 days after the request.

6.08LBAObligation on issuing body notified under regulation 6.08LB

If an issuing body is notified under regulation 6.08 by the holder of an MSIC, the issuing body must apply to the Secretary AGD for a background check on the holder not later than 2 working days after the holder:

(a)notifies his or her consent under paragraph 6.08 (2) (e); and

(b)provides any information requested under subregulation 6.08 (3).

Penalty: 100 penalty units.

[9] Paragraph 6.08LC (1) (a)

substitute

(a)is:

(i)convicted of a disqualifying offence; or

(ii)convicted of any other maritime-security-relevant offence and sentenced to imprisonment for the offence; and

[10] Subregulation 6.08LD (1)

substitute

(1)An issuing body must apply to the Secretary AGD for a background check on the holder if:

(a)the issuing body has issued an MSIC to a holder for 4 years; or

(b)all of the following apply:

(i)the issuing body has issued a new MSIC for the remainder of a period of an MSIC issued under paragraph (a);

(ii)that remainder is more than 22 months;

(iii)a second background check has not already been conducted since the MSIC was issued.

[11] Paragraph 6.08LD (3) (a)

substitute

(a)the holder of the MSIC tells the issuing body, in writing, that the holder has been:

(i)convicted of a disqualifying offence; or

(ii)convicted of any other maritime-security-relevant offence and sentenced to imprisonment for the offence; and

[12] Subregulation 6.08LI (1), at the foot

insert

Note An issuing body may suspend an MSIC only when directed by the Secretary — see subregulation 6.08LF (1).

[13] Paragraph 6.08M (1) (e)

substitute

(e)the body is told by the Secretary AGD that the holder now has an adverse criminal record or has been convicted of a disqualifying offence; or

[14] Paragraph 6.08M (1) (g)

omit

MSIC.

insert

MSIC; or

[15] After paragraph 6.08M (1) (g), before the note

insert

(h)the holder:

(i)tells the Secretary AGD or the issuing body that the holder has been convicted of a disqualifying offence, or has been convicted of any other maritime-security-relevant offence and sentenced to imprisonment for the offence; and

(ii)does not consent to a background check or does not comply with subregulation 6.08LB (2) and, if requested, subregulation 6.08LB (3).

[16] Subparagraph 6.08MB (1) (b) (i)

omit

former holder of the MSIC or the issuing body for the MSIC (the applicant);

insert

applicant;

[17] Paragraphs 6.08MB (4) (b) and (c)

substitute

(b)if the Secretary decides to set aside the cancellation — tell the following persons, in writing, about the decision and any conditions under regulation 6.08MD to which the setting aside is subject:

(i)the applicant;

(ii)the Secretary AGD;

(iii)if the applicant is the former holder of the MSIC —the issuing body;

(iv)if the applicant is the issuing body — the former holder of the MSIC; and

(c)if the Secretary refuses to set aside the cancellation:

(i)tell the former holder of the MSIC, in writing, about the decision and the reasons for it; and

(ii)if the applicant is the issuing body — tell the issuing body, in writing, about the decision.

[18] After subregulation 6.08MB (5)

insert

(6)In this regulation:

applicant, for a cancelled MSIC, means the person who made the application under subregulation 6.08MA (2) for the cancellation to be set aside.

[19] Subparagraph 6.08MC (1) (b) (i)

omit

former holder of the MSIC or the issuing body for the MSIC (the applicant);

insert

applicant;

[20] Paragraphs 6.08MC (2) (b) and (c)

substitute

(b)if the Secretary decides to set aside the cancellation — tell the following persons, in writing, about the decision and any conditions under regulation 6.08MD to which the setting aside is subject:

(i)the applicant;

(ii)the Secretary AGD;

(iii)if the applicant is the former holder of the MSIC —the issuing body;

(iv)if the applicant is the issuing body — the former holder of the MSIC; and

(c)if the Secretary refuses to set aside the cancellation:

(i)tell the former holder of the MSIC, in writing, about the decision and the reasons for it; and

(ii)if the applicant is the issuing body — tell the issuing body, in writing, about the decision.

[21] After subregulation 6.08MC (4)

insert

(5)In this regulation:

applicant, for a cancelled MSIC, means the person who made the application under subregulation 6.08MA (2) for the cancellation to be set aside.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See