Transport Security Legislation Amendment (Australian Securities and Investments Commission and MSIC Measures) Regulations 2018 (Cth)

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Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 21 November 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Linda Reynolds

Assistant Minister for Home Affairs

Parliamentary Secretary to the Minister for Home Affairs

Contents

1Name

This instrument is the Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018.

2Commencement
  1. (1)

    Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.

The whole of this instrument

The day after this instrument is registered.

27 November 2018

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

  1. (2)

    Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the following:

  1. (a)

    the Aviation Transport Security Act 2004;

  2. (b)

    the Maritime Transport and Offshore Facilities Security Act 2003.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Aviation transport security

Aviation Transport Security Regulations 2005

  1. 1

    Regulation 1.03 (definitions of grey ASIC, red ASIC and white ASIC)

Repeal the definitions, substitute:

grey ASIC means an ASIC in a form approved under subregulation 6.33(2) or 6.37(2).

red ASIC means an ASIC in a form approved under subregulation 6.33(1) or 6.37(1).

white ASIC means an ASIC in a form approved under subregulation 6.33(3).

2

Subregulations 6.33(1) to (5)

Repeal the subregulations, substitute:

Form of permanent red ASIC

  1. (1)

    A permanent red ASIC issued by an issuing body must be in a form approved in writing by the Secretary for the issuing body.

Form of permanent grey ASIC

  1. (2)

    A permanent grey ASIC issued by an issuing body must be in a form approved in writing by the Secretary for the issuing body.

Form of permanent white ASIC

  1. (3)

    A permanent white ASIC issued by an issuing body must be in a form approved in writing by the Secretary for the issuing body.

General

  1. (4)

    Without limiting subregulation (1), (2) or (3), the approval of a form under subregulation (1), (2) or (3) may extend to specifying any or all of the following:

    1. (a)

      the dimensions of a permanent ASIC and each of its parts;

    2. (b)

      the information that must be included on the front or the back of a permanent ASIC;

    3. (c)

      the security features that must be incorporated into a permanent ASIC;

    4. (d)

      the kind of photograph of the holder of a permanent ASIC that must be included on the permanent ASIC, including the size and quality of the photograph.

  2. (5)

    The Secretary may approve a form of an ASIC for an issuing body under this regulation onlyif the Secretary is reasonably satisfied that it is necessary to do so for the purposes of safeguarding against unlawful interference with aviation.

3

Subregulation 6.33(7)

Repeal the subregulation, substitute:

  1. (7)

    A person commits an offence if:

    1. (a)

      the person is an issuing body; and

    2. (b)

      the Secretary gives the person a copy of a form approved for the issuing body under this regulation for a permanent red ASIC, a permanent grey ASIC or a permanent white ASIC; and

    3. (c)

      the person issues a permanent red ASIC, a permanent grey ASIC or a permanent white ASIC; and

    4. (d)

      the ASIC issued does not comply in a particular respect with the form approved for the issuing body for that kind of ASIC; and

    5. (e)

      the respect in which the form does not comply is not the subject of an approval under subregulation (6).

    Penalty: 50 penalty units.

4

Subregulation 6.33(9)

Repeal the subregulation.

5

After regulation 6.33

Insert:

6.34Issuing body to be given copy of approved form of permanent ASIC

  1. (1)

    The Secretary must, as soon as practicable after approving a form of a permanent ASIC for an issuing body under regulation 6.33, give a copy of the approved form to the issuing body.

  2. (2)

    The Secretary may, in the copy of the approved form given to the issuing body, direct that the issuing body must not disclose the details of the approved form to another person except in the circumstances specified in the direction.

  3. (3)

    A person commits an offence if:

    1. (a)

      the person is an issuing body; and

    2. (b)

      the Secretary, under subregulation (1), gives the issuing body a copy of a form approved for the issuing body; and

    3. (c)

      the copy of the approved form contains a direction under subregulation (2); and

    4. (d)

      the issuing body contravenes the direction.

    Penalty: 50 penalty units.

  4. (4)

    An offence under subregulation (3) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

6.34AIssuing body may disclose details of approved form to other persons

  1. (1)

    An issuing body may, in the circumstances specified in a direction in a copy of an approved form given to the issuing body under regulation 6.34, disclose the details of the approved form to another person.

  2. (2)

    A person commits an offence if:

    1. (a)

      an issuing body discloses the details of an approved form to the person in in accordance with subregulation (1); and

    2. (b)

      the person discloses the details to another person without the written approval of the Secretary.

    Penalty: 50 penalty units.

  3. (3)

    An offence under subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

6

Subregulations 6.37(1) to (4)

Repeal the subregulations, substitute:

Form of temporary red ASIC

  1. (1)

    A temporary red ASIC issued by an issuing body must be in a form approved in writing by the Secretary for the issuing body.

Form of temporary grey ASIC

  1. (2)

    A temporary grey ASIC issued by an issuing body must be in a form approved in writing by the Secretary for the issuing body.

General

  1. (3)

    Without limiting subregulation (1) or (2), the approval of a form under subregulation (1) or (2) may extend to specifying any or all of the following:

    1. (a)

      the dimensions of a temporary ASIC and each of its parts;

    2. (b)

      the information that must be included on the front or the back of a temporary ASIC;

    3. (c)

      the security features that must be incorporated into a temporary ASIC;

    4. (d)

      the kind of photograph of the holder of a temporary ASIC that must be included on the temporary ASIC, including the size and quality of the photograph.

  2. (4)

    The Secretary must not approve, under subregulation (1) or (2), a form for a temporary ASIC that is to be issued for more than 24 hours at a designated airport, or for more than 72 hours at an airport that is not a designated airport, unless the form requires the following to be included on the temporary ASIC:

    1. (a)

      a photograph of the holder of the temporary ASIC;

    2. (b)

      the given name and surname of the holder of the temporary ASIC;

    3. (c)

      the expiry date of the temporary ASIC.

  3. (4A)

    The Secretary may approve a form of a temporary ASIC for an issuing body under this regulation only if the Secretary is reasonably satisfied that it is necessary to do so for the purposes of safeguarding against unlawful interference with aviation.

7

Subregulations 6.37(5A), (5B) and (6)

Repeal the subregulations, substitute:

  1. (6)

    A person commits an offence if:

    1. (a)

      the person is an issuing body; and

    2. (b)

      the Secretary gives the person a copy of a form approved for the issuing body under this regulation for a temporary red ASIC or a temporary grey ASIC; and

    3. (c)

      the person issues a temporary red ASIC or a temporary grey ASIC; and

    4. (d)

      the temporary ASIC issued does not comply in a particular respect with the form approved for the issuing body for that kind of temporary ASIC; and

    5. (e)

      the respect in which the form does not comply is not the subject of an approval under subregulation (5).

    Penalty: 50 penalty units.

8

Subregulation 6.37(8)

Repeal the subregulation.

9

Regulation 6.37A

Repeal the regulation, substitute:

6.37AAIssuing body to be given copy of approved form of temporary ASIC

  1. (1)

    The Secretary must, as soon as practicable after approving a form of a temporary ASIC for an issuing body under regulation 6.37, give a copy of the approved form to the issuing body.

  2. (2)

    The Secretary may, in the copy of the approved form given to the issuing body, direct that the issuing body must not disclose the details of the approved form to another person except in the circumstances specified in the direction.

  3. (3)

    A person commits an offence if:

    1. (a)

      the person is an issuing body; and

    2. (b)

      the Secretary, under subregulation (1), gives the issuing body a copy of a form approved for the issuing body; and

    3. (c)

      the copy of the approved form contains a direction under subregulation (2); and

    4. (d)

      the issuing body contravenes the direction.

    Penalty: 50 penalty units.

  4. (4)

    An offence under subregulation (3) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

6.37ABIssuing body may disclose details of approved form to other persons

  1. (1)

    An issuing body may, in the circumstances specified in a direction in a copy of an approved form given to the issuing body under regulation 6.37AA, disclose the details of the approved form to another person.

  2. (2)

    A person commits an offence if:

    1. (a)

      an issuing body discloses the details of an approved form to the person in in accordance with subregulation (1); and

    2. (b)

      the person discloses the details to another person without the written approval of the Secretary.

    Penalty: 50 penalty units.

  3. (3)

    An offence under subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

6.37ACHolder of temporary ASIC to be supervised

A person who holds a temporary ASIC must be supervised by an ASIC holder whenever the person is required to display an ASIC unless:

  1. (a)

    the temporary ASIC displayed by the person contains the following:

    1. (i)

      a photograph of the holder as required by the form approved for the temporary ASIC;

    2. (ii)

      the given name and surname of the holder of the temporary ASIC as required by the form approved for the temporary ASIC;

    3. (iii)

      the expiry date of the temporary ASIC as required by the form approved for the temporary ASIC; or

  2. (b)

    the holder displays a valid ASIC for a different airport.

10

In the appropriate position in Part 10

Insert:

Division 11—Amendments made by the Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018

10.31Amendments made by the Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018

  1. (1)

    Despite the amendments of these Regulations by Schedule 1 to the amending regulations, an ASIC or a temporary ASIC that was:

    1. (a)

      issued under the old regulations; and

    2. (b)

      in force immediately before the commencement time;

continues to be valid and in force (and subject to the same conditions) on and after the commencement time until the end of the period for which it was issued under the old regulations, unless it is suspended or cancelled in accordance with these Regulations before the end of that period.

  1. (2)

    Despite the amendments of regulations 6.33 and 6.37 of these Regulations by Schedule 1 to the amending regulations, regulations 6.33 and 6.37 of these Regulations have effect for an issuing body during the body’s transition period as if they required an ASIC or a temporary ASIC to be, and authorised the body to issue an ASIC or temporary ASIC:

    1. (a)

      for a permanent ASIC—in the form set out in regulation 6.33 of the old regulations; and

    2. (b)

      for a temporary ASIC—in the form set out in regulation 6.37 of the old regulations.

  2. (3)

    If a temporary ASIC is issued by an issuing body as mentioned in paragraph (2)(b) during the body’s transition period, then regulation 6.37A of the old regulations applies in relation to the temporary ASIC during the body’s transition period rather than regulation 6.37AC.

  3. (4)

    In this regulation:

amending regulations means the Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018.

commencement time means the time when this regulation commences.

old regulations means these Regulations as in force immediately before the commencement time.

transition period, for an issuing body, means the period starting at the commencement time and ending at the earlier of the following times:

  1. (a)

    at the end of 3 months starting at the commencement time;

  2. (b)

    at the time the Secretary first gives the issuing body an approved form under regulation 6.34 or 6.37AA.

Schedule 2Maritime transport and offshore facilities security

Maritime Transport and Offshore Facilities Security Regulations 2003

  1. 1

    Subregulation 6.07B(1) (definition of blue MSIC)

Omit “of the design set out in”, substitute “in a form approved under”.

  1. 2

    Subregulation 6.07B(1) (definition of white MSIC)

Omit “of the design set out in subregulation 6.08J(2A)”, substitute “in a form approved under subregulation 6.08J(3)”.

3

Paragraphs 6.08I(1)(a) and (b)

Omit “the day the criminal history check on the holder for the issue of the MSIC is completed”, substitute “the last day of the month in which the background check, undertaken when the holder applied for the MSIC, was completed”.

4

Subparagraph 6.08I(2)(a)(ii)

Omit “day the background check on the person for the issue of the MSIC is completed”, substitute “last day of the month in which the background check, undertaken when the person applied for the MSIC, was completed”.

5

Paragraph 6.08I(2)(d)

Omit “the day the criminal history check on the person for the issue of the MSIC is completed”, substitute “the last day of the month in which the background check, undertaken when the person applied for the MSIC, was completed”.

6

Regulation 6.08J (heading)

Repeal the heading, substitute:

6.08JForm of blue MSICs and white MSICs

7

Subregulations 6.08J(1) to (4)

Repeal the subregulations, substitute:

Form of blue MSIC

  1. (2)

    A blue MSIC issued by an issuing body must be in a form approved in writing by the Secretary for the issuing body.

Form of white MSIC

  1. (3)

    A white MSIC issued by an issuing body must be in a form approved in writing by the Secretary for the issuing body.

General

  1. (4)

    Without limiting subregulation (2) or (3), the approval of a form under subregulation (2) or (3) may extend to specifying any or all of the following:

    1. (a)

      the dimensions of an MSIC and each of its parts;

    2. (b)

      the information that must be included on the front or the back of an MSIC;

    3. (c)

      the security features that must be incorporated into an MSIC;

    4. (d)

      the kind of photograph of the holder of an MSIC that must be included on the MSIC, including the size and quality of the photograph.

  2. (4A)

    The Secretary may approve a form of an MSIC for an issuing body under this regulation only if the Secretary is reasonably satisfied that it is necessary to do so for the purposes of safeguarding against unlawful interference with maritime transport or offshore facilities.

8

Subregulation 6.08J(6)

Repeal the subregulation, substitute:

  1. (6)

    A person commits an offence if:

    1. (a)

      the person is an issuing body; and

    2. (b)

      the Secretary gives the person a copy of a form approved for the issuing body under this regulation for a blue MSIC or a white MSIC; and

    3. (c)

      the person issues a blue MSIC or a white MSIC; and

    4. (d)

      the MSIC issued does not comply in a particular respect with the form approved for the issuing body for that kind of MSIC; and

    5. (e)

      the respect in which the form does not comply is not the subject of an approval under subregulation (5).

    Penalty: 50 penalty units.

9

After regulation 6.08J

Insert:

6.08JAIssuing body to be given copy of approved form of MSIC

  1. (1)

    The Secretary must, as soon as practicable after approving a form of an MSIC for an issuing body under regulation 6.08J, give a copy of the approved form to the issuing body.

  2. (2)

    The Secretary may, in the copy of the approved form given to the issuing body, direct that the issuing body must not disclose the details of the approved form to another person except in the circumstances specified in the direction.

  3. (3)

    A person commits an offence if:

    1. (a)

      the person is an issuing body; and

    2. (b)

      the Secretary, under subregulation (1), gives the issuing body a copy of a form approved for the issuing body; and

    3. (c)

      the copy of the approved form contains a direction under subregulation (2); and

    4. (d)

      the issuing body contravenes the direction.

    Penalty: 50 penalty units.

  4. (4)

    An offence under subregulation (3) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

6.08JBIssuing body may disclose details of approved form to other persons

  1. (1)

    An issuing body may, in the circumstances specified in a direction in a copy of an approved form given to the issuing body under regulation 6.08JA, disclose the details of the approved form to another person.

  2. (2)

    A person commits an offence if:

    1. (a)

      an issuing body discloses the details of an approved form to the person in in accordance with subregulation (1); and

    2. (b)

      the person discloses the details to another person without the written approval of the Secretary.

    Penalty: 50 penalty units.

  3. (3)

    An offence under subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

10

Subparagraph 6.08L(3)(b)(ii)

Repeal the subparagraph, substitute:

  1. (ii)

    2 years after the last day of the month in which the background check, undertaken when the holder applied for the old MSIC, was completed.

11

In the appropriate position in Schedule 2

Insert:

Part 7—Amendments made by the Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018

108Amendments made by the Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018

  1. (1)

    Despite the amendments of these Regulations by Schedule 2 to the amending regulations, an MSIC that was:

    1. (a)

      issued under the old regulations; and

    2. (b)

      in force immediately before the commencement time;

continues to be valid and in force (and subject to the same conditions) on and after the commencement time until the end of the period for which it was issued under the old regulations, unless it is suspended or cancelled in accordance with these Regulations before the end of that period.

  1. (2)

    Despite the amendments of regulation 6.08J of these Regulations by Schedule 2 to the amending regulations, regulation 6.08J of these Regulations has effect for an issuing body during the body’s transition period as if it required an MSIC to be, and authorised the body to issue an MSIC, in the form set out in regulation 6.08J of the old regulations.

  2. (3)

    In this regulation:

amending regulations means the Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018.

commencement time means the time when this regulation commences.

old regulations means these Regulations as in force immediately before the commencement time.

transition period, for an issuing body, means the period starting at the commencement time and ending at the earlier of the following times:

  1. (a)

    at the end of 3 months starting at the commencement time;

  2. (b)

    at the time the Secretary first gives the issuing body an approved form under regulation 6.08JA.

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