Transport Security Legislation Amendment (Identity Security) Regulation 2016 (Cth)

Transport Security Legislation Amendment (Identity Security) Regulation 2016

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 regulation.

Dated 27 October 2016

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Darren Chester

Minister for Infrastructure and Transport

Contents

1Name

This is the Transport Security Legislation Amendment (Identity Security) Regulation 2016.

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. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	29 October 2016
2. Schedule 1, Part 1	1 November 2016.	1 November 2016
3. Schedule 1, Part 2	1 August 2017.	1 August 2017
4. Schedule 2, Part 1	1 November 2016.	1 November 2016
5. Schedule 2, Part 2	1 August 2017.	1 August 2017

Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 securityPart 1Amendments commencing 1 November 2016

Aviation Transport Security Regulations 2005

1

Regulation 1.03

Insert:

ABN (short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

ACN (short for Australian Company Number) has the meaning given by section 9 of the Corporations Act 2001.

ARBN (short for Australian Registered Body Number) has the meaning given by section 9 of the Corporations Act 2001.

white ASIC means an ASIC of the design set out in subregulation 6.33(3A).

2

Subregulation 1.05(1) (definition of valid)

Omit “an ASIC”, substitute “a red ASIC, grey ASIC”.

3

Subregulation 1.05(2)

Repeal the subregulation, substitute:

1. (2)

   For the purposes of a provision of these Regulations that refers to a person displaying a valid ASIC in a place without specifying which kind of ASIC is to be displayed, a person is taken to be displaying a valid ASIC in the place only if:

   1. (a)

      the person is properly displaying a valid red ASIC; or

   2. (b)

      if regulation 3.03 does not require the person to be properly displaying a valid red ASIC in the place—the person is properly displaying a valid grey ASIC.

   Note: A requirement under these Regulations to display a valid ASIC cannot be satisfied with a white ASIC.

4

Subparagraph 3.05(c)(v)

Omit “the holder of an ASIC”, substitute “a person who is displaying a valid ASIC”.

5

Subregulation 3.07(2A)

Omit “an ASIC holder”, substitute “a person who is displaying a valid ASIC and”.

6

Subregulation 3.07(2B)

Omit “the ASIC holder”, substitute “the person who is displaying a valid ASIC”.

7

Subregulation 3.09(2)

Omit “another ASIC holder”, substitute “another person who is displaying a valid ASIC”.

8

Subregulation 3.09(4)

Omit “no holder of an ASIC”, substitute “no person who is displaying a valid ASIC”.

9

Regulation 3.10 (heading)

Repeal the heading, substitute:

3.10Other cards not to be used as red ASICs, grey ASICs, VICs or TACs

10

Subregulation 3.10(1)

Omit “valid ASIC”, substitute “valid red ASIC, grey ASIC”.

11

Regulation 3.11

Omit “an ASIC”, substitute “a red ASIC, grey ASIC”.

1. 12

   Subregulation 6.01(1) (definition of ASIC program)

After “ASIC program”, insert “, for an issuing body,”.

13

Subregulation 6.01(1)

Insert:

directly involved in the issue of ASICs: a person is directly involved in the issue of ASICs if the person performs any of the following activities:

1. (a)

   accepting applications for ASICs;

2. (b)

   applying for background checks under this Part;

3. (c)

   verifying identification documents for the purposes of this Part;

4. (d)

   printing or producing ASICs;

5. (e)

   issuing ASICs, including considering whether criteria for the issue of ASICs are satisfied and whether ASICs are to be issued with conditions;

6. (f)

   storing equipment associated with the production of ASICs;

7. (g)

   destroying ASICs that are no longer required, including expired or cancelled ASICs.

1. 14

   Subregulation 6.01(1) (after paragraph (b) of the definition of operational need)

Insert:

1. ; or (c)

   a requirement to be directly involved in the issue of ASICs for an issuing body; or

2. (d)

   a requirement to be directly involved in the issue of VICs for a VIC issuer; or

3. (e)

   a requirement to perform activities for a known consignor, or for a person who has applied under these Regulations to be approved as a known consignor; or

4. (f)

   a requirement to perform activities for a RACA, or for a person who has applied under these Regulations to be designated as a RACA; or

5. (g)

   a requirement to perform activities for an AACA, or for a person who has applied under these Regulations to be accredited as an AACA; or

6. (h)

   a requirement for an employee of a Commonwealth agency to be directly involved in making decisions relating to the issuing of ASICs.

1. 15

   Subregulation 6.01(1) (definition of program purposes)

Repeal the definition.

16

At the end of subregulation 6.03(1)

Add:

1. ; (c)

   white ASICs.

17

Subregulations 6.03(3) and (4)

Omit “ASIC”, substitute “red ASIC or grey ASIC”.

18

At the end of regulation 6.03

Add:

1. (6)

   A white ASIC must be a permanent ASIC.

2. (7)

   A red ASIC, grey ASIC or white ASIC has effect, for the purposes of carrying out an activity referred to in paragraph (c), (d), (e), (f), (g) or (h) of the definition of operational need in subregulation 6.01(1), in any place.

3. (8)

   However, subregulation (7) does not authorise a person to enter a secure area at a security controlled airport if the person is not otherwise authorised to enter the area.

4. (9)

   An ASIC issued to a person because he or she has an operational need referred to in paragraph (c), (d), (e), (f), (g) or (h) of the definition of operational need in subregulation 6.01(1) must be a white ASIC.

19

Regulation 6.06

Repeal the regulation, substitute:

6.06What an ASIC program is

1. (1)

   An ASIC program for an issuing body sets out the procedures to be followed by the issuing body in the performance of its functions under this Part, and the exercise of its powers under this Part.

   Note: An applicant for authorisation as an issuing body must provide with its application a statement of its proposed ASIC program (see regulation 6.15).

2. (2)

   The ASIC program must include procedures in relation to the following matters:

   1. (a)

      accepting applications for ASICs;

   2. (b)

      applying for background checks under this Part;

   3. (c)

      verifying identification documents for the purposes of this Part;

   4. (d)

      determining whether applicants for ASICs have an operational need for an ASIC;

   5. (e)

      printing and producing ASICs;

   6. (f)

      issuing ASICs, including considering whether criteria for the issue of ASICs are satisfied and whether ASICs are to be issued with conditions;

   7. (g)

      distributing ASICs to applicants;

   8. (h)

      ensuring that holders of ASICs are aware of obligations that apply in relation to holding ASICs;

   9. (i)

      storing and transporting ASICs;

   10. (j)

       collecting, storing and destroying information and documents about ASICs and ASIC applications;

   11. (k)

       storing equipment associated with the production of ASICs;

   12. (l)

       taking all reasonable steps to recover red ASICs or grey ASICs that are no longer required, including expired or cancelled red ASICs or grey ASICs;

   13. (m)

       destroying red ASICs or grey ASICs that are no longer required, including expired or cancelled red ASICs or grey ASICs;

   14. (n)

       cancelling access control arrangements that are related to red ASICs or grey ASICs that are no longer required, including expired or cancelled red ASICs or grey ASICs, and red ASICs or grey ASICs that have been lost, stolen or destroyed;

   15. (o)

       keeping records of the activities of the issuing body;

   16. (p)

       if the issuing body proposes to engage other entities to perform activities on its behalf—engaging such other entities to perform such activities;

   17. (q)

       conducting an ongoing quality assurance process of the procedures in the program and the implementation of the procedures;

   18. (r)

       conducting an annual audit of the procedures in the program and the implementation of the procedures;

   19. (s)

       the issuing body ceasing to be an issuing body, including procedures to ensure that information about applications for ASICs, and holders of ASICs, is appropriately handled or preserved.

3. (3)

   The procedures must be such as to ensure that the issuing body performs its functions under this Part, and exercises its powers under this Part, in an appropriately secure manner.

4. (4)

   The ASIC program must be accompanied by a document that sets out the following details:

   1. (a)

      the issuing body’s name;

   2. (b)

      the issuing body’s ABN, ACN or ARBN (if any);

   3. (c)

      if the issuing body is a body corporate—the name of its chief executive officer or manager;

   4. (d)

      the issuing body’s postal address;

   5. (e)

      the issuing body’s physical address (if different from the issuing body’s postal address);

   6. (f)

      the issuing body’s email address;

   7. (g)

      the contact telephone number for the issuing body, including an after‑hours number;

   8. (h)

      an alternative contact person and number.

5. (5)

   An issuing body commits an offence of strict liability if:

   1. (a)

      the issuing body becomes aware of a change in a detail referred to in subregulation (4); and

   2. (b)

      the issuing body does not, within 5 working days after becoming aware of the change, notify the Secretary in writing of the detail as changed.

   Penalty: 20 penalty units.

20

Paragraph 6.07(9)(b)

Omit “program purposes”, substitute “matters mentioned in subregulation 6.06(2)”.

21

Subregulations 6.09(1) and (2)

Repeal the subregulations, substitute:

1. (1)

   If the Secretary is satisfied that an issuing body’s ASIC program does not adequately address a matter mentioned in subregulation 6.06(2), the Secretary may direct the body, in writing, to vary the program.

2. (2)

   However, the Secretary must not give a direction under subregulation (1) unless the Secretary is satisfied that the program, as varied, would adequately address the relevant matter mentioned in subregulation 6.06(2).

22

Subregulation 6.10(5)

Omit “give effect to the program purposes”, substitute “adequately address the matters mentioned in subregulation 6.06(2)”.

23

Regulation 6.11

Repeal the regulation.

24

Paragraph 6.16(4)(a)

Repeal the paragraph, substitute:

1. (a)

   the applicant’s proposed ASIC program adequately addresses the matters mentioned in subregulation 6.06(2); and

25

Paragraph 6.16(5)(d)

Repeal the paragraph, substitute:

1. (d)

   the Secretary is satisfied that the applicant’s proposed ASIC program adequately addresses the matters mentioned in subregulation 6.06(2); and

26

Subregulations 6.17(1) and (2)

Omit “would not be eligible for the issue of an ASIC, except that he or she need not have an operational need for the ASIC”, substitute “does not hold an ASIC”.

27

Subregulation 6.17(3)

Repeal the subregulation.

28

Paragraph 6.19(1)(a)

Omit “is apparently no longer adequate to give effect to a program purpose and it is unlikely that a direction under regulation 6.09 will make the program adequate for that purpose”, substitute “does not adequately address a matter mentioned in subregulation 6.06(2) and it is unlikely that a direction under regulation 6.09 will make the program adequately address the matter”.

29

Paragraph 6.19(2)(e)

Omit “is apparently no longer adequate to give effect to a program purpose, and it is unlikely that a direction under regulation 6.09 will make the program adequate for that purpose”, substitute “does not adequately address a matter mentioned in subregulation 6.06(2) and it is unlikely that a direction under regulation 6.09 will make the program adequately address the matter”.

30

Paragraph 6.23(2)(e)

After “grey,”, insert “white,”.

31

Subparagraph 6.23(2)(k)(ii)

Before “the date”, insert “for a red ASIC or a grey ASIC—”.

32

Subregulation 6.24(2)

Repeal the subregulation, substitute:

1. (2)

   The issuing body must retain the following, in relation to an application for the issuing body to issue an ASIC to a person:

   1. (a)

      a copy of the application;

   2. (b)

      if the issuing body issues the ASIC to the person—the record of issue of the ASIC;

   3. (c)

      copies of the identification documents that were given to the issuing body in relation to the application;

   4. (d)

      any records, or copies of any documents, that were given to the issuing body in relation to the applicant’s operational need for the ASIC.

2. (2A)

   The records and documents required to be retained under subregulation (2) must be retained until:

   1. (a)

      if the issuing body issues the ASIC to the person—the end of 3 years after the completion of the background check requested in relation to the application; or

   2. (b)

      otherwise—the end of 3 years after the application was made.

33

Subregulation 6.24(3)

After “records”, insert “and documents”.

34

Subregulation 6.24(4)

Repeal the subregulation.

35

Subregulation 6.24(5)

After “records”, insert “and documents”.

36

Paragraph 6.25(b)

After “the number of”, insert “red ASICs or grey”.

37

Sub‑subparagraph 6.25A(2)(i)(iii)(B)

Repeal the sub‑subparagraph.

38

Subregulation 6.25A(3)

Omit “or an Australian Public Service employee”, substitute “, an APS employee, a member of the Parliament of the Commonwealth or a State or a member of the legislature of a Territory”.

39

Subregulation 6.26A(2)

After “a person if”, insert “the ASIC holder is displaying a valid ASIC and”.

40

Subregulation 6.27(5)

After “Australia‑wide”, insert “red ASIC or grey”.

41

Paragraph 6.27AA(1)(b)

Repeal the paragraph.

42

Subregulation 6.27AA(2)

Repeal the subregulation.

43

Subregulation 6.28(1)

Omit “and 6.31”, substitute “, 6.31 and 6.35”.

44

Subparagraph 6.28(1)(e)(ii)

Omit “safety”, substitute “security”.

45

Paragraph 6.28(4A)(b)

Repeal the paragraph, substitute:

1. (b)

   if the cancelled ASIC was a red ASIC or a grey ASIC, either:

   1. (i)

      the person has returned the cancelled ASIC to the issuing body that issued the ASIC; or

   2. (ii)

      the cancelled ASIC was lost, stolen or destroyed, and the person has complied with regulation 6.46; and

46

Paragraph 6.28(4D)(b)

Omit “the person”, substitute “unless the ASIC was a white ASIC, the person”.

47

Regulation 6.29 (heading)

Repeal the heading, substitute:

6.29ASICs—application to Secretary if person has adverse criminal record or is disqualified

48

Regulation 6.29A

Omit “or 6.29”, substitute “, 6.29 or 6.35”.

49

After subregulation 6.33(3)

Insert:

1. (3A)

   The form of a permanent white ASIC is as follows:

50

Paragraph 6.33(4)(a)

Omit “or (3)”, substitute “, (3) or (3A)”.

51

Regulation 6.35

Repeal the regulation, substitute:

6.35Issue of replacement ASICs

1. (1)

   An issuing body may issue a replacement permanent ASIC (the replacement ASIC) to the holder of another permanent ASIC (the old ASIC) issued by the issuing body if:

   1. (a)

      any of the following apply:

      1. (i)

         the old ASIC has been lost or destroyed, and the holder has given the issuing body a statutory declaration setting out the circumstances of the loss or destruction (which may be in the same document as the declaration referred to in paragraph (d));

      2. (ii)

         the old ASIC has been stolen, and the holder has given the issuing body a copy of a police report, or other information issued by the police, regarding the theft;

      3. (iii)

         the holder’s name has changed, and the holder has notified the issuing body of the change in accordance with regulation 6.42;

      4. (iv)

         the holder wishes to replace the old ASIC with the replacement ASIC because the holder has an operational need for the replacement ASIC; and

   2. (b)

      the holder has an operational need for the replacement ASIC; and

   3. (c)

      in a case where the replacement ASIC is a different kind of ASIC from the old ASIC—the holder has given the issuing body evidence of the holder’s operational need for the replacement ASIC; and

   4. (d)

      the holder has given the issuing body a statutory declaration stating that, since his or her background checks were completed, he or she has not been convicted of an aviation‑security‑relevant offence.

Issue of replacement ASIC

1. (2)

   The replacement ASIC may be any of the following permanent ASICs:

   1. (a)

      an airport‑specific red ASIC or grey ASIC;

   2. (b)

      an Australian‑wide red ASIC or grey ASIC;

   3. (c)

      a white ASIC.

   Note: The holder must have an operational need for the replacement ASIC (see paragraph (1)(b)).

2. (3)

   The replacement ASIC must expire no later than the old ASIC would have expired.

3. (4)

   The replacement ASIC is subject to:

   1. (a)

      any conditions to which the old ASIC was subject; and

   2. (b)

      any conditions which the issuing body imposes on the replacement ASIC by written notice given to the holder of the replacement ASIC.

4. (5)

   The number of the replacement ASIC must be unique among ASICs issued by the issuing body.

5. (6)

   Either:

   1. (a)

      the replacement ASIC must bear a number indicating how many times a permanent ASIC has been issued to the person with that expiry date; or

   2. (b)

      the issuing body must keep a record of how many times it has issued a permanent ASIC to the person with that expiry date.

6. (7)

   The issue of a replacement ASIC to a person under this regulation cancels any temporary ASIC the person holds under regulation 6.36.

52

Before subregulation 6.36(1)

Insert:

1. (1A)

   In this regulation, a reference to an ASIC does not include a white ASIC.

53

Subparagraph 6.37B(1)(a)(i)

Omit “is an ASIC holder who”, substitute “holds a red ASIC or a grey ASIC and”.

54

Subparagraph 6.37B(1)(a)(ii)

Omit “an ASIC”, substitute “a red ASIC or a grey ASIC”.

55

Subregulation 6.37B(3)

Omit “7”, substitute “15”.

56

After regulation 6.37G

Insert:

6.37HVIC issuers’ staff etc

1. (1)

   A VIC issuer (other than a Commonwealth agency or the Comptroller‑General of Customs) commits an offence if:

   1. (a)

      the VIC issuer allows a person to be directly involved in the issue of VICs; and

   2. (b)

      the person does not hold an ASIC.

   Penalty: 20 penalty units.

2. (2)

   A Commonwealth agency that is a VIC issuer, or the Comptroller‑General of Customs, must not allow a person to be directly involved in the issue of VICs if the person does not hold an ASIC.

57

Subregulation 6.38A(2)

Omit “An ASIC holder”, substitute “A person who holds a red ASIC or a grey ASIC”.

58

Paragraph 6.38A(4)(a)

Omit “is an ASIC holder”, substitute “holds a red ASIC or a grey ASIC”.

59

Paragraph 6.38C(2)(a)

After “Medicare card”, insert “or proof of age card”.

60

Paragraph 6.38E(5)(b)

Repeal the paragraph.

61

After subregulation 6.38EA(4)

Insert:

1. (4A)

   Paragraph (4)(a) does not apply in relation to a residential address that is not required to be contained on a particular register because of subregulation 6.25A(3).

62

Subregulation 6.38EA(5)

Omit “Information Privacy Principles set out in section 14 of”, substitute “Australian Privacy Principles set out in Schedule 1 to”.

63

Subregulation 6.38EA(6)

Repeal the subregulation.

64

Subparagraph 6.38H(1)(a)(i)

Omit “is an ASIC holder”, substitute “holds a red ASIC or a grey ASIC”.

65

Subparagraph 6.38H(1)(a)(ii)

After “holds a valid”, insert “red ASIC or grey”.

66

Subparagraph 6.38H(1)(b)(i)

Omit “is an ASIC holder”, substitute “holds a red ASIC or a grey ASIC”.

1. 67

   Subdivision 6.5.3A of Division 6.5 of Part 6 (heading)

Repeal the heading, substitute:

Subdivision 6.5.3A—Obligations of VIC issuer, VIC holder, ASIC holder or issuing body

68

Subregulation 6.40(1) (example 2)

Omit “an ASIC holder”, substitute “a person who is displaying a valid ASIC”.

69

Subregulation 6.40(5)

Omit “Information Privacy Principles set out in section 14 of”, substitute “Australian Privacy Principles set out in Schedule 1 to”.

70

After regulation 6.40

Insert:

6.40AObligations of VIC holder

A person commits an offence if:

1. (a)

   the person is a VIC holder; and

2. (b)

   the person is refused an ASIC; and

1. (c)

   the person does not, before the end of 7 working days after the person becomes aware of the refusal, inform the VIC issuer that issued the VIC, in writing, of the refusal.

Penalty: 50 penalty units.

71

Subregulation 6.42(2)

Repeal the subregulation, substitute:

1. (2)

   The notification must be:

   1. (a)

      in writing; and

   2. (b)

      accompanied by a current and valid document, showing the new name, which was issued to the person by a Commonwealth, State or Territory Department or agency.

72

Subregulation 6.42(4)

Omit “the AFP and ASIO of the change of name”, substitute “AusCheck of the change of name, using the AusCheck facility,”.

73

Paragraph 6.42A(2)(c)

Omit “secure”.

74

Subregulation 6.42B(4)

Omit “The holder”, substitute “If the ASIC is a red ASIC or a grey ASIC, the holder”.

75

Paragraph 6.43(2)(e)

Before “the holder”, insert “for a red ASIC or a grey ASIC—”.

76

At the end of subregulation 6.43(2)

Add:

1. ; or (f)

   the issuing body finds out that the ASIC has been lost, stolen or destroyed; or

2. (g)

   the issuing body issues a replacement ASIC under regulation 6.35 for a reason referred to in subparagraph 6.35(1)(a)(iii) (change of name) or 6.35(1)(a)(iv) (operational need for replacement ASIC); or

3. (h)

   the issuing body finds out that the holder has changed his or her name, and the holder has not asked the issuing body to issue a replacement ASIC under regulation 6.35.

77

Subregulation 6.43(7)

Omit “A cancellation”, substitute “Subject to subregulations (8) and (9), a cancellation”.

78

At the end of regulation 6.43

Add:

1. (8)

   A cancellation under paragraph (2)(f) takes effect when the issuing body finds out that the ASIC has been lost, stolen or destroyed.

2. (9)

   A cancellation under paragraph (2)(g) takes effect when the replacement ASIC is issued.

79

Paragraph 6.43F(3)(a)

Omit “an ASIC”, substitute “a red ASIC or a grey ASIC”.

80

After subregulation 6.43F(3)

Insert:

1. (3A)

   An issuer must immediately cancel a VIC issued by the issuer (or its agent) if the issuer finds out that the holder of the VIC has, at any time, been refused an ASIC.

2. (3B)

   However, subregulation (3A) does not apply if the refusal was set aside.

81

Subregulation 6.43F(4)

Omit “subregulation (1) or (3)”, substitute “subregulation (1), (3) or (3A)”.

82

Paragraph 6.44(1)(b)

Omit “or (d);”, substitute “or (d); or”.

83

After paragraph 6.44(1)(b)

Insert:

1. (c)

   a VIC under subregulation 6.43F(3A);

84

After subregulation 6.44(1)

Insert:

1. (1A)

   Subregulation (1) does not apply in relation to the residential address of a person:

   1. (a)

      whose VIC was cancelled as mentioned in paragraph (1)(b) or (c); and

   2. (b)

      whose residential address is not required to be on a particular register because of subregulation 6.25A(3).

85

Regulation 6.44A (heading)

Repeal the heading, substitute:

6.44ANotifying airport operator or employer of suspended or cancelled ASIC

86

Regulation 6.44A

Omit “If an ASIC”, substitute “(1) If a red ASIC or a grey ASIC”.

87

At the end of regulation 6.44A

Add:

1. (2)

   If an ASIC is suspended or cancelled by an issuing body that is not the employer of the former ASIC holder, the Secretary may notify the employer of the former ASIC holder of the suspension or cancellation.

88

Regulation 6.45 (heading)

Repeal the heading, substitute:

6.45Return of red ASICs, grey ASICs, VICs and TACs that have expired etc.

89

Paragraph 6.45(1)(a)

Omit “an ASIC”, substitute “a red ASIC or a grey ASIC”.

90

Paragraph 6.46(1)(a)

Omit “an ASIC”, substitute “a red ASIC, grey ASIC”.

91

Paragraph 6.46(1)(d)

Repeal the paragraph, substitute:

1. (d)

   the holder does not, within 7 days of becoming aware of the loss, theft or destruction, give the issuing body:

   1. (i)

      a copy of a police report, or other information issued by the police, regarding the theft; or

   2. (ii)

      a statutory declaration setting out the circumstances of the loss or destruction.

92

Subregulation 6.47(2)

After “subregulation (1)”, insert “(other than the cancellation of a white ASIC)”.

93

At the end of regulation 6.47

Add:

1. (3)

   The cancellation of a white ASIC under subregulation (1) takes effect when the issuer receives the request.

94

Subregulation 6.48(1)

Omit “an ASIC” (wherever occurring), substitute “a red ASIC or a grey ASIC”.

95

Regulation 6.54 (note)

Omit “an ASIC”, substitute “a red ASIC or a grey ASIC”.

96

Subregulation 6.57(3)

Omit “an ASIC”, substitute “a red ASIC, or a grey ASIC,”.

97

In the appropriate position in Part 10

Insert:

Division 5—Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016

10.18Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016 and commencing 1 November 2016

ASIC programs

1. (1)

   Despite the repeal and substitution of regulation 6.06 of the old regulations by item 19 of Schedule 1 to the amending regulation, an issuing body’s ASIC program that is in effect under Part 6 of the old regulations immediately before 1 November 2016 has effect, during the issuing body’s implementation period, as if it were a program of the kind described in regulation 6.06 of the new regulations.

2. (2)

   However, subregulation (1) does not:

   1. (a)

      prevent the Secretary giving a direction to an issuing body under regulation 6.09, or revoking an issuing body’s authorisation under regulation 6.19 because of the issuing body’s ASIC program, on or after 1 November 2016; or

   2. (b)

      affect a direction given by the Secretary to an issuing body under regulation 6.09 before 1 November 2016 and not complied with before that day.

3. (3)

   If subregulation (1) applies to an issuing body’s ASIC program, the issuing body must give the Secretary the document required by subregulation 6.06(4) of the new regulations on 1 November 2016, or as soon as practicable afterwards.

4. (4)

   If:

   1. (a)

      subregulation (1) applies to an issuing body’s ASIC program; and

   2. (b)

      before the end of 1 December 2016, the issuing body submits to the Secretary a proposed variation of the issuing body’s ASIC program under paragraph 6.10(1)(b) for the purposes of complying with the new regulations;

regulation 6.10 applies in relation to the proposed variation as if each reference to 30 days in subregulation 6.10(3) were a reference to 60 days.

Requirement to retain records and documents

1. (5)

   The amendment made by item 32 of Schedule 1 to the amending regulation applies in relation to:

   1. (a)

      an application for an ASIC made to an issuing body on or after 1 November 2016; and

   2. (b)

      an ASIC issued as a result of such an application.

Person directly involved in the issue of ASICs

1. (6)

   Subject to subregulation (7), the amendments made by items 26, 27 and 42 of Schedule 1 to the amending regulation apply to an issuing body on and after 1 November 2016.

2. (7)

   The amendments made by items 26, 27 and 42 of Schedule 1 to the amending regulation apply, in relation to a person who was directly involved in the issue of ASICs at any time within the period of 2 years ending on 1 November 2016, at the earlier of the following times (but not before 1 November 2016):

   1. (a)

      the end of 2 years after the last day of the month in which the person’s most recent background check applied for under regulation 6.27AA of the old regulations was completed;

   2. (b)

      the start of 1 August 2017.

Application for a VIC by a person who has been refused an ASIC

1. (8)

   The amendments made by items 70, 80, 81, 82 and 83 of Schedule 1 to the amending regulation apply in relation to refusals of ASICs on or after 1 November 2016.

Definitions

1. (9)

   In this regulation:

amending regulation means the Transport Security Legislation Amendment (Identity Security) Regulation 2016.

implementation period, in relation to an issuing body, means the period that begins on 1 November 2016 and ends:

1. (a)

   if, before the end of 1 December 2016, the issuing body submits to the Secretary a proposed variation of the issuing body’s ASIC program under paragraph 6.10(1)(b) for the purposes of complying with the new regulations—at the end of the earlier of the following days:

   1. (i)

      the day the Secretary approves the variation in accordance with regulation 6.10;

   2. (ii)

      1 February 2017; or

2. (b)

   otherwise—at the end of 1 December 2016.

new regulations means these Regulations as in force on and after 1 November 2016.

Note: 1 November 2016 is the day Part 1 of Schedule 1 to the amending regulation commences.

old regulations means these Regulations as in force immediately before 1 November 2016.

Part 2Amendments commencing 1 August 2017

Aviation Transport Security Regulations 2005

98

Subregulation 6.01(1)

Insert:

Category A identification document means:

1. (a)

   for a person who was born in Australia—the person’s Australian birth certificate; or

2. (b)

   for any other person—a valid document that provides evidence of the start of the person’s identity in Australia.

Example 1: An Australian naturalisation certificate.

Example 2: A visa entitling the person to enter Australia.

Example 3: A movement record made available to the person by the Immigration Department.

Category B identification document, for a person, means a current and valid document issued to the person by a Commonwealth, State or Territory Department or agency, or by a government of a foreign country or an agency of a government of a foreign country, that provides photographic proof of the person’s identity and includes the person’s signature.

Example 1: A driver’s licence issued by the Commonwealth, a State or a Territory, or by a foreign government.

Example 2: An Australian or foreign passport.

Category C identification document, for a person, means a current and valid document that provides evidence of the person’s use of identity while operating in the community (which may be a community outside Australia).

Example: A Medicare card, or a membership card issued by a private health insurer.

Category D identification document, for a person, means a valid document that provides evidence of the person’s current residential address (which may be a residential address outside Australia) and is less than 6 months old.

Example: A utilities notice.

1. 99

   Subregulation 6.01(1) (after paragraph (b) of the definition of directly involved in the issue of ASICs)

Insert:

1. (ba)

   receiving documents given to an issuing body in person in accordance with this Part;

100

Subregulation 6.01(1)

Insert:

identification document means any of the following:

1. (a)

   a Category A identification document;

2. (b)

   a Category B identification document;

3. (c)

   a Category C identification document;

4. (d)

   a Category D identification document;

5. (e)

   any other document used to identify a person for the purposes of this Part.

101

Regulation 6.04

Repeal the regulation.

102

At the end of Division 6.1 of Part 6

Add:

6.05AIdentification documents not in English must be translated

1. (1)

   This regulation applies if a person gives an issuing body, as an identification document, a document that is not in English.

2. (2)

   The person must also give the issuing body an original or certified copy of an accurate translation of the document into English.

103

After regulation 6.27AA

Insert:

6.27ABRequirements for verifying identity

1. (1)

   This regulation sets out how a person’s identity is to be verified by an issuing body for the purposes of paragraph 6.28(1)(b).

2. (2)

   The person must:

   1. (a)

      subject to subregulation (3), give to the issuing body, in person, an original of each of the following for the person:

      1. (i)

         a Category A identification document;

      2. (ii)

         a Category B identification document that is different from the Category A identification document;

      3. (iii)

         a Category C identification document that is different from the Category A identification document and the Category B identification document;

      4. (iv)

         if evidence of residential address is not set out in a document already given—a Category D identification document; and

   2. (b)

      give to the issuing body the information required under the AusCheck Regulations 2007 to be included in an application for a background check in relation to the person.

3. (3)

   If the Secretary has given an approval under regulation 6.27AC for alternative identification requirements to apply to the person, or a class of persons including the person, in relation to a requirement (the primary requirement) referred to in paragraph (2)(a) of this regulation, the person may satisfy the primary requirement by complying with the alternative identification requirements.

4. (4)

   The issuing body must verify the person’s identity at the time the person gives the documents referred to in paragraph (2)(a) (or any other documents given in accordance with alternative identification requirements) to the issuing body.

5. (5)

   To avoid doubt, the person must give the documents referred to in paragraph (2)(a) (or any other documents given in accordance with alternative identification requirements) to the issuing body even if the person has previously give the same documents to the same issuing body in relation to another application for the issue of an ASIC.

6.27ACAlternative requirements for verifying identity

Alternative identification requirements—persons

1. (1)

   If a person cannot satisfy one or more requirements to give a document to an issuing body under paragraph 6.27AB(2)(a), the issuing body may apply to the Secretary for approval of alternative identification requirements in relation to those requirements for the person.

2. (2)

   The application must:

   1. (a)

      be in writing; and

   2. (b)

      state whether the document or documents are one or more of the following:

      1. (i)

         a Category A identification document;

      2. (ii)

         a Category B identification document;

      3. (iii)

         a Category C identification document;

      4. (iv)

         a Category D identification document; and

   3. (c)

      state the reason why the person cannot satisfy the requirement or requirements; and

   4. (d)

      set out alternative identification requirements; and

   5. (e)

      if the alternative identification requirements relate to another document or other documents—include a copy of that document or those documents; and

   6. (f)

      include any other information that may assist the Secretary in making a decision about whether to approve the alternative identification requirements.

3. (3)

   In making a decision to approve, or refuse to approve, alternative identification requirements, the Secretary must consider the following matters:

   1. (a)

      the extent to which the issuing body can show evidence of the identity of the person;

   2. (b)

      the reason why the person cannot satisfy the requirement or requirements;

   3. (c)

      whether the alternative identification requirements proposed are sufficient to enable the Secretary AGD to conduct a background check.

4. (4)

   If the Secretary requires further information to consider the application, the Secretary may request the issuing body to give the further information.

5. (5)

   The Secretary must, in writing and within 30 days after receiving the application or, if further information is requested, within 30 days after receiving the further information:

   1. (a)

      approve, or refuse to approve, the alternative identification requirements for the person; and

   2. (b)

      notify the issuing body of the decision; and

   3. (c)

      if the decision is a refusal—notify the issuing body of the reasons for the refusal.

   Note: See section 27A of the Administrative Appeals Tribunal Act 1975 for the requirements for a person who makes a reviewable decision to give a person whose interests are affected by the decision notice of the making of the decision and of the person’s right to have the decision reviewed.

6. (6)

   If the Secretary has not made a decision on the application within the period mentioned in subregulation (5), the Secretary is taken to have refused to approve the application.

Alternative identification requirements—classes of persons

1. (7)

   If the Secretary is satisfied that a class of persons may be unable to meet one or more requirements under paragraph 6.27AB(2)(a), the Secretary may approve alternative identification requirements in relation to those requirements for the class of persons.

104

Paragraphs 6.28(1)(b) and (c)

Repeal the paragraphs, substitute:

1. (b)

   the issuing body is satisfied of the person’s identity, after verifying the person’s identity in accordance with regulation 6.27AB; and

2. (c)

   the issuing body is satisfied that the person is not an unlawful non‑citizen; and

105

Paragraph 6.33(4)(e)

Repeal the paragraph, substitute:

1. (e)

   subject to paragraph (ea), the given name and surname must be those under which the holder’s identity was verified in relation to the application for the ASIC;

2. (ea)

   if the holder’s name has changed since his or her identity was verified in relation to the application for the ASIC, and the holder has notified the issuing body of the change in accordance with regulation 6.42, the given name and surname must be those notified to the issuing body under regulation 6.42;

106

Paragraphs 6.38C(1)(a) and (b)

Repeal the paragraphs, substitute:

1. (a)

   by showing the VIC issuer a Category B identification document for the person; or

107

Subregulation 6.38C(2)

Repeal the subregulation.

108

Subregulation 6.38C(6)

Repeal the subregulation.

109

Subregulation 6.42(2)

Repeal the subregulation, substitute:

1. (2)

   The person must:

   1. (a)

      notify the issuing body in person; and

   2. (b)

      at the same time, give the issuing body an original of a current and valid document, showing the new name, which was issued to the person by a Commonwealth, State or Territory Department or agency.

110

Paragraph 6.57(1)(a)

Repeal the paragraph, substitute:

1. (a)

   the person has verified his or her identity by showing CASA a Category A identification document for the person and either:

   1. (i)

      a Category B identification document for the person; or

   2. (ii)

      2 Category C identification documents for the person; and

111

After subregulation 8.02(3)

Insert:

Decisions relating to alternative identification requirements

1. (3A)

   Applications may be made to the Tribunal for review of decisions of the Secretary under regulation 6.27AC to refuse to approve alternative identification requirements for a person.

112

At the end of Division 5 of Part 10

Add:

10.19Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016 and commencing 1 August 2017

The amendments made by Part 2 of Schedule 1 to the Transport Security Legislation Amendment (Identity Security) Regulation 2016 apply in relation to applications for ASICs, and applications for VICs, made on or after 1 August 2017.

Schedule 2Maritime transport and offshore facilities securityPart 1Amendments commencing 1 November 2016

Maritime Transport and Offshore Facilities Security Regulations 2003

1

Subregulation 1.03(1)

Insert:

ABN (short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

ACN (short for Australian Company Number) has the meaning given by section 9 of the Corporations Act 2001.

ARBN (short for Australian Registered Body Number) has the meaning given by section 9 of the Corporations Act 2001.

2

Subparagraphs 6.07A(1)(b)(i) and (ii)

Repeal the subparagraphs, substitute:

1. (i)

   is properly displaying a blue MSIC or a temporary MSIC; or

2. (ii)

   is escorted by a person who is properly displaying a blue MSIC or a temporary MSIC; and

1. (c)

   an issuing body must not allow a person to be directly involved in the issue of blue MSICs or white MSICs unless the person holds a blue MSIC or a white MSIC.

3

Subregulation 6.07B(1)

Insert:

blue MSIC means a blue maritime security identification card, of the design set out in subregulation 6.08J(2), issued under this Division.

4

Subregulation 6.07B(1) (definition of DIMIA)

Repeal the definition.

5

Subregulation 6.07B(1)

Insert:

directly involved in the issue of MSICs: a person is directly involved in the issue of MSICs if the person performs any of the following activities:

1. (a)

   accepting applications for MSICs;

2. (b)

   applying for background checks under this Division;

3. (c)

   verifying identification documents for the purposes of this Division;

4. (d)

   printing or producing MSICs;

5. (e)

   issuing MSICs, including considering whether criteria for the issue of MSICs are satisfied and whether MSICs are to be issued with conditions;

6. (f)

   storing equipment associated with the production of MSICs;

7. (g)

   destroying MSICs that are no longer required, including expired or cancelled MSICs.

6

Subregulation 6.07B(1) (definition of MSIC)

Omit “maritime security identification card issued under regulation 6.08C”, substitute “blue MSIC or a white MSIC”.

7

Subregulation 6.07B(1)

Insert:

MSIC plan, for an issuing body, means a plan of the kind described in regulation 6.07Q, and includes a plan of that kind as varied under regulation 6.07S or 6.07T.

white MSIC means a white maritime security identification card, of the design set out in subregulation 6.08J(2A), issued under this Division.

8

Regulation 6.07D (heading)

Repeal the heading, substitute:

6.07DMeaning of valid blue MSIC or valid temporary MSIC

9

Subregulation 6.07D(1)

Omit “an MSIC or”, substitute “a blue MSIC or”.

10

Paragraph 6.07D(1)(a)

Repeal this paragraph, substitute:

1. (a)

   it is issued in accordance with this Division; and

11

Subregulation 6.07D(2)

Repeal the subregulation.

12

Subregulation 6.07E(3)

Omit “includes a temporary MSIC”, substitute “means a blue MSIC or a temporary MSIC, but does not include a white MSIC”.

13

At the end of regulation 6.07E

Add:

Note: A requirement under these Regulations to display a valid MSIC cannot be satisfied with a white MSIC.

14

Regulation 6.07F

Omit “For this Division, a person has an operational need to hold an MSIC”, substitute “(1) For the purposes of this Division, a person has an operational need to hold a blue MSIC”.

15

At the end of regulation 6.07F

Add:

1. (2)

   For the purposes of this Division, a person has an operational need to hold a white MSIC if:

   1. (a)

      the person is required to be directly involved in the issue of MSICs for an issuing body; or

   2. (b)

      the person is an employee of a Commonwealth agency who is required to be directly involved in making decisions relating to the issuing of MSICs.

16

Regulation 6.07J

Omit “valid MSIC” (wherever occurring), substitute “valid blue MSIC”.

17

Subregulation 6.07M(7)

Omit “includes a temporary MSIC”, substitute “means a blue MSIC or a temporary MSIC, but does not include a white MSIC”.

18

Paragraph 6.07P(4)(a)

Repeal the paragraph, substitute:

1. (a)

   the applicant’s proposed MSIC plan adequately addresses the matters mentioned in subregulation 6.07Q(2); and

19

Regulation 6.07Q

Repeal the regulation, substitute:

6.07QWhat an MSIC plan is

1. (1)

   An MSIC plan for an issuing body sets out the procedures to be followed by the issuing body in the performance of its functions under this Division, and the exercise of its powers under this Division.

   Note: An applicant for authorisation as an issuing body must provide with its application a statement of its proposed MSIC plan (see regulation 6.07O).

2. (2)

   The MSIC plan must include procedures in relation to the following matters:

   1. (a)

      accepting applications for MSICs;

   2. (b)

      applying for background checks under this Division;

   3. (c)

      verifying identification documents for the purposes of this Division;

   4. (d)

      determining whether MSIC applicants have an operational need for an MSIC;

   5. (e)

      printing and producing MSICs;

   6. (f)

      issuing MSICs, including considering whether criteria for the issue of MSICs are satisfied and whether MSICs are to be issued with conditions;

   7. (g)

      distributing MSICs to applicants;

   8. (h)

      ensuring that holders of MSICs are aware of obligations that apply in relation to holding MSICs;

   9. (i)

      storing and transporting MSICs;

   10. (j)

       collecting, storing and destroying information and documents about MSICs and MSIC applications;

   11. (k)

       storing equipment associated with the production of MSICs;

   12. (l)

       taking all reasonable steps to recover blue MSICs that are no longer required, including expired or cancelled blue MSICs;

   13. (m)

       destroying blue MSICs that are no longer required, including expired or cancelled blue MSICs;

   14. (n)

       cancelling access control arrangements that are related to blue MSICs that are no longer required, including expired or cancelled blue MSICs, and blue MSICs that have been lost, stolen or destroyed;

   15. (o)

       keeping records of the activities of the issuing body;

   16. (p)

       if the issuing body proposes to engage other entities to perform activities on its behalf—engaging such other entities to perform such activities;

   17. (q)

       conducting an ongoing quality assurance process of the procedures in the plan and the implementation of the procedures;

   18. (r)

       conducting an annual audit of the procedures in the plan and the implementation of the procedures;

   19. (s)

       the issuing body ceasing to be an issuing body, including procedures to ensure that information about applications for MSICs, and holders of MSICs, is appropriately handled or preserved.

3. (3)

   The procedures must be such as to ensure that the issuing body performs its functions under this Division, and exercises its powers under this Division, in an appropriately secure manner.

4. (4)

   The MSIC plan must be accompanied by a document that sets out the following details:

   1. (a)

      the issuing body’s name;

   2. (b)

      the issuing body’s ABN, ACN or ARBN (if any);

   3. (c)

      if the issuing body is a body corporate—the name of its chief executive officer or manager;

   4. (d)

      the issuing body’s postal address;

   5. (e)

      the issuing body’s physical address (if different from the issuing body’s postal address);

   6. (f)

      the issuing body’s email address;

   7. (g)

      the contact telephone number for the issuing body, including an after‑hours number;

   8. (h)

      an alternative contact person and number.

5. (5)

   An issuing body commits an offence of strict liability if:

   1. (a)

      the issuing body becomes aware of a change in a detail referred to in subregulation (4); and

   2. (b)

      the issuing body does not, within 5 working days after becoming aware of the change, notify the Secretary in writing of the detail as changed.

   Penalty: 20 penalty units.

20

Paragraph 6.07R(9)(b)

Omit “plan purposes”, substitute “matters mentioned in subregulation 6.07Q(2)”.

21

Subregulations 6.07S(1) and (2)

Repeal the subregulations, substitute:

1. (1)

   If the Secretary is satisfied that an issuing body’s MSIC plan does not adequately address a matter mentioned in subregulation 6.07Q(2), the Secretary may direct the body, in writing, to vary the plan.

2. (2)

   However, the Secretary must not give a direction under subregulation (1) unless the Secretary is satisfied that the plan, as varied, would adequately address the relevant matter mentioned in subregulation 6.07Q(2).

22

Subregulation 6.07T(5)

Omit “give effect to the plan purposes”, substitute “adequately address the matters mentioned in subregulation 6.07Q(2)”.

23

Subregulations 6.07V(1) and (2)

Omit “is able to satisfy the security‑relevant criteria for the issue of an MSIC”, substitute “holds an MSIC”.

24

Subregulations 6.07V(3) and (4)

Repeal the subregulations.

25

Paragraph 6.07W(1)(a)

Repeal the paragraph, substitute:

1. (a)

   the body’s MSIC plan does not adequately address a matter mentioned in subregulation 6.07Q(2) and it is unlikely that a direction under regulation 6.07S will make the plan adequately address the matter; or

26

Subregulation 6.08B(1)

Omit “an MSIC”, substitute “a blue MSIC or a white MSIC”.

27

Subregulation 6.08B(2)

Omit “The person must state in the application whether the person is applying for an MSIC”, substitute “An applicant for a blue MSIC must state in the application whether the person is applying for a blue MSIC”.

28

Regulation 6.08B (note)

Repeal the note, substitute:

Note: A blue MSIC issued to a person on the basis of being a person mentioned in subparagraph 6.08C(1)(c)(iii), or a white MSIC, may be in force for only 2 years: see regulation 6.08I.

29

Subregulation 6.08BA(1)

Omit “(1)”.

30

Paragraph 6.08BA(1)(b)

Repeal the paragraph.

31

Subregulation 6.08BA(2)

Repeal the subregulation.

32

Regulation 6.08CA

Omit “or 6.08F”, substitute “, 6.08F or 6.08L”.

33

Paragraph 6.08E(b)

Omit “an MSIC”, substitute “the MSIC”.

34

Regulation 6.08F (heading)

Repeal the heading, substitute:

6.08FMSICs—application to Secretary if person has adverse criminal record

35

Paragraph 6.08I(1)(a)

Omit “an MSIC”, substitute “a white MSIC, or a blue MSIC”.

36

Paragraph 6.08I(1)(b)

Omit “an MSIC”, substitute “a blue MSIC”.

37

At the end of subregulation 6.08I(2)

Add:

1. ; and (e)

   an MSIC issued under regulation 6.08L expires in accordance with subregulation 6.08L(3).

38

Subregulation 6.08J(2)

Omit “an MSIC”, substitute “a blue MSIC”.

39

After subregulation 6.08J(2)

Insert:

1. (2A)

   The form of the front of a white MSIC is as follows:

40

Paragraph 6.08J(3)(a)

After “subregulation (2)”, insert “or (2A)”.

41

Subregulation 6.08J(6)

Omit “subregulations (2), (3), (3A), (4) and (5)”, substitute “subregulations (2) to (5)”.

42

Subparagraph 6.08K(1)(a)(i)

Omit “an MSIC”, substitute “a blue MSIC”.

43

Paragraph 6.08K(2A)(a)

Omit “an MSIC”, substitute “a blue MSIC”.

44

Paragraph 6.08K(6)(b)

After “his or her”, insert “blue”.

45

Subparagraphs 6.08KA(1)(c)(i), (ii) and (v)

Before “MSIC”, insert “blue”.

46

Regulation 6.08L

Repeal the regulation, substitute:

6.08LIssue of replacement MSICs

1. (1)

   An issuing body may issue a replacement MSIC (the replacement MSIC) to the holder of another MSIC (the old MSIC) issued by the issuing body if:

   1. (a)

      any of the following apply:

      1. (i)

         the old MSIC has been lost or destroyed, and the holder has given the issuing body a statutory declaration setting out the circumstances of the loss or destruction (which may be in the same document as the declaration referred to in paragraph (d));

      2. (ii)

         the old MSIC has been stolen, and the holder has given the issuing body a copy of a police report, or other information issued by the police, regarding the theft;

      3. (iii)

         the holder’s name has changed, and the holder has notified the issuing body of the change in accordance with regulation 6.08LCA;

      4. (iv)

         the holder wishes to replace the old MSIC with the replacement MSIC because the holder has an operational need for the replacement MSIC; and

   2. (b)

      the holder has an operational need for the replacement MSIC; and

   3. (c)

      in a case where the replacement MSIC is a different kind of MSIC from the old MSIC—the holder has given the issuing body evidence of the holder’s operational need for the replacement MSIC; and

   4. (d)

      the holder has given the issuing body a statutory declaration stating that, since his or her background checks were completed, he or she has not been convicted of a maritime‑security‑relevant offence.

Issue of replacement MSIC

1. (2)

   The replacement MSIC may be a blue MSIC or a white MSIC.

   Note: The holder must have an operational need for the replacement MSIC (see paragraph (1)(b)).

2. (3)

   The replacement MSIC expires:

   1. (a)

      if the replacement MSIC is a blue MSIC—at the same time as the old MSIC would have expired; and

   2. (b)

      if the replacement MSIC is a white MSIC—at the earlier of the following times:

      1. (i)

         the same time as the old MSIC would have expired;

      2. (ii)

         the end of 2 years after the holder’s most recent background check was completed.

3. (4)

   The replacement MSIC is subject to:

   1. (a)

      any conditions to which the old MSIC was subject; and

   2. (b)

      any conditions which the issuing body imposes on the replacement MSIC by written notice given to the holder of the replacement MSIC.

4. (5)

   The number of the replacement MSIC must be unique among MSICs issued by the issuing body.

5. (6)

   Either:

   1. (a)

      the replacement MSIC must bear a number indicating how many times a permanent MSIC has been issued to the person with the same expiry date; or

   2. (b)

      the issuing body must keep a record of how many times it has issued a permanent MSIC to the person with that expiry date.

6. (7)

   The issue of a replacement MSIC to a person under this regulation cancels any temporary MSIC the person holds under regulation 6.08K.

47

Paragraph 6.08LA(c)

Repeal the paragraph, substitute:

1. (c)

   has an operational need to hold the MSIC that the issuing body proposes to issue; and

48

After regulation 6.08LC

Insert:

6.08LCAObligation of applicants for, and holders of, MSICs—change of name

1. (1)

   A person commits an offence of strict liability if:

   1. (a)

      the person is an applicant for, or a holder of, an MSIC; and

   2. (b)

      the person changes his or her name; and

   3. (c)

      the person does not notify the issuing body to which the application was made or which issued the MSIC (as the case requires) of the change, in accordance with subregulation (2), within 30 days after the change.

   Penalty: 5 penalty units.

2. (2)

   The notification must be:

   1. (a)

      in writing; and

   2. (b)

      accompanied by a current and valid document, showing the new name, which was issued to the person by a Commonwealth, State or Territory Department or agency.

3. (3)

   The issuing body must notify AusCheck of the change of name, using the AusCheck facility, within 7 days.

   Note: For the issuing of a replacement MSIC to an MSIC holder who changes his or her name, see regulation 6.08L.

49

Regulation 6.08LD (heading)

Repeal the heading, substitute:

6.08LDObligation of MSIC holders issued with cards for more 2 years—change of address

50

Paragraph 6.08LD(1)(b)

Omit “name or”.

51

Paragraph 6.08LD(1)(c)

Omit “notify the issuing body that issued the MSIC of all the changes to the holder’s name or”, substitute “notify, in writing, the issuing body that issued the MSIC of all the changes to the holder’s”.

52

Paragraph 6.08LD(1)(d)

Omit “in the manner mentioned in subregulation (2) and”.

53

Subregulation 6.08LD(2)

Repeal the subregulation.

54

Regulation 6.08LDA (heading)

Repeal the heading, substitute:

6.08LDAObligation of issuing bodies—notification of change of address

55

Paragraphs 6.08LDA(a) and (b)

Omit “name or”.

56

Paragraph 6.08LE(2)(c)

Repeal the paragraph, substitute:

1. (c)

   if the holder is employed in a maritime security zone—the location of the maritime security zone; and

57

Subregulation 6.08LF(4)

Omit “holder of the MSIC”, substitute “holder of a blue MSIC that is suspended under this regulation”.

58

Paragraphs 6.08M(1)(f) and (g)

Omit “an MSIC”, substitute “the MSIC”.

59

After paragraph 6.08M(1)(h)

Insert:

1. ; or (i)

   the issuing body finds out that the MSIC has been lost, stolen or destroyed; or

2. (j)

   the issuing body issues a replacement MSIC under regulation 6.08L for a reason referred to in subparagraph 6.08L(1)(a)(iii) (change of name) or 6.08L(1)(a)(iv) (operational need for replacement MSIC); or

3. (k)

   the issuing body finds out that the holder has changed his or her name, and the holder has not asked the issuing body to issue a replacement MSIC under regulation 6.08L.

60

Subregulations 6.08M(1A) and (1B)

Omit “6.08BA(1)(a)”, substitute “6.08BA(a)”.

61

Subregulation 6.08N(2)

Omit “A cancellation”, substitute “The cancellation of a blue MSIC”.

62

At the end of regulation 6.08N

Add:

1. (3)

   The cancellation of a white MSIC under subregulation (1) takes effect when the issuing body receives the request.

63

Regulation 6.08P (heading)

Repeal the heading, substitute:

6.08PReturn of blue MSICs that have expired etc.

64

Subregulation 6.08P(1)

Omit “an MSIC”, substitute “a blue MSIC”.

65

Regulation 6.08Q (heading)

Repeal the heading, substitute:

6.08QHolder no longer needing blue MSIC

66

Subregulation 6.08Q(1)

Omit “an MSIC”, substitute “a blue MSIC”.

67

Regulation 6.08R (heading)

Repeal the heading, substitute:

6.08RNotification of lost, stolen and destroyed blue MSICs

68

Subregulation 6.08R(1)

Omit “an MSIC”, substitute “a blue MSIC”.

69

Paragraph 6.08S(2)(a)

Omit “valid MSIC”, substitute “valid blue MSIC”.

70

Regulation 6.08U (heading)

Repeal the heading, substitute:

6.08UOther records of issuing bodies

71

Subregulation 6.08U(2)

Repeal the subregulation, substitute:

1. (2)

   The issuing body must retain the following, in relation to an application for the issuing body to issue an MSIC to a person:

   1. (a)

      a copy of the application;

   2. (b)

      if the issuing body issues the MSIC to the person—the record of issue of the MSIC;

   3. (c)

      copies of the identification documents that were given to the issuing body in relation to the application;

   4. (d)

      any records, or copies of any documents, that were given to the issuing body in relation to the applicant’s operational need for the MSIC.

2. (2A)

   The records and documents required to be retained under subregulation (2) must be retained until:

   1. (a)

      if the issuing body issues the MSIC to the person—the end of 3 years after the completion of the background check most recently requested in relation to the application or the MSIC; or

   2. (b)

      otherwise—the end of 3 years after the application was made.

72

Subregulation 6.08U(3)

After “records”, insert “and documents”.

73

Subregulation 6.08U(4)

Repeal the subregulation.

74

Subregulation 6.08U(5)

After “records”, insert “and documents”.

75

Paragraph 6.08V(c)

Before “MSICs”, insert “blue”.

76

Regulation 6.08Y

Before “person”, insert “a”.

77

In the appropriate position in Schedule 2

Insert:

Part 4—Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016

104Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016 and commencing 1 November 2016

MSIC plans

1. (1)

   Despite the repeal and substitution of regulation 6.07Q of the old regulations by item 19 of Schedule 2 to the amending regulation, an issuing body’s MSIC plan that is in effect under Division 6.1A of Part 6 of the old regulations immediately before 1 November 2016 has effect, during the issuing body’s implementation period, as if it were a plan of the kind described in regulation 6.07Q of the new regulations.

2. (2)

   However, subclause (1) does not:

   1. (a)

      prevent the Secretary giving a direction to an issuing body under regulation 6.07S, or revoking an issuing body’s authorisation under regulation 6.07W because of the issuing body’s MSIC plan, on or after 1 November 2016; or

   2. (b)

      affect a direction given by the Secretary to an issuing body under regulation 6.07S before 1 November 2016 and not complied with before that day.

3. (3)

   If subclause (1) applies to an issuing body’s MSIC plan, the issuing body must give the Secretary the document required by subregulation 6.07Q(4) of the new regulations on 1 November 2016, or as soon as practicable afterwards.

4. (4)

   If:

   1. (a)

      subclause (1) applies to an issuing body’s MSIC plan; and

   2. (b)

      before the end of 1 December 2016, the issuing body submits to the Secretary a proposed variation of the issuing body’s MSIC plan under paragraph 6.07T(1)(b) for the purposes of complying with the new regulations;

regulation 6.07T applies in relation to the proposed variation as if each reference to 30 days in subregulation 6.07T(3) were a reference to 60 days.

Requirement to retain records and documents

1. (5)

   The amendment made by item 71 of Schedule 2 to the amending regulation applies in relation to:

   1. (a)

      an application for an MSIC made to an issuing body on or after 1 November 2016; and

   2. (b)

      an MSIC issued as a result of such an application.

Person directly involved in the issue of MSICs

1. (6)

   Subject to subclause (7), the amendments made by items 23, 24, 29, 30 and 31 of Schedule 2 to the amending regulation apply to an issuing body on and after 1 November 2016.

2. (7)

   The amendments made by items 23, 24, 29, 30 and 31 of Schedule 2 to the amending regulation apply, in relation to a person who was directly involved in the issue of MSICs at any time within the period of 2 years ending on 1 November 2016, at the earlier of the following times (but not before 1 November 2016):

   1. (a)

      the end of 2 years after the person’s most recent background check applied for under regulation 6.08BA of the old regulations was completed;

   2. (b)

      the start of 1 August 2017.

Definitions

1. (8)

   In this clause:

amending regulation means the Transport Security Legislation Amendment (Identity Security) Regulation 2016.

implementation period, in relation to an issuing body, means the period that begins on 1 November 2016 and ends:

1. (a)

   if, before the end of 1 December 2016, the issuing body submits to the Secretary a proposed variation of the issuing body’s MSIC plan under paragraph 6.07T(1)(b) for the purposes of complying with the new regulations—at the end of the earlier of the following days:

   1. (i)

      the day the Secretary approves the variation in accordance with regulation 6.07T;

   2. (ii)

      1 February 2017; or

2. (b)

   otherwise—at the end of 1 December 2016.

new regulations means these Regulations as in force on and after 1 November 2016.

Note: 1 November 2016 is the day Part 1 of Schedule 2 to the amending regulation commences.

old regulations means these Regulations as in force immediately before 1 November 2016.

Part 2Amendments commencing 1 August 2017

Maritime Transport and Offshore Facilities Security Regulations 2003

78

Subregulation 6.07B(1)

Insert:

Category A identification document means:

1. (a)

   for a person who was born in Australia—the person’s Australian birth certificate; or

2. (b)

   for any other person—a valid document that provides evidence of the start of the person’s identity in Australia.

Example 1: An Australian naturalisation certificate.

Example 2: A visa entitling the person to enter Australia.

Example 3: A movement record made available to the person by the Immigration Department.

Category B identification document, for a person, means a current and valid document issued to the person by a Commonwealth, State or Territory Department or agency, or by a government of a foreign country or an agency of a government of a foreign country, that provides photographic proof of the person’s identity and includes the person’s signature.

Example 1: A driver’s licence issued by the Commonwealth, a State or a Territory, or by a foreign government.

Example 2: An Australian or foreign passport.

Category C identification document, for a person, means a current and valid document that provides evidence of the person’s use of identity while operating in the community (which may be a community outside Australia).

Example: A Medicare card, or a membership card issued by a private health insurer.

Category D identification document, for a person, means a valid document that provides evidence of the person’s current residential address (which may be a residential address outside Australia) and is less than 6 months old.

Example: A utilities notice.

1. 79

   Subregulation 6.07B(1) (after paragraph (b) of the definition of directly involved in the issue of MSICs)

Insert:

1. (ba)

   receiving documents given to an issuing body in person in accordance with this Division;

80

Subregulation 6.07B(1)

Insert:

identification document means any of the following:

1. (a)

   a Category A identification document;

2. (b)

   a Category B identification document;

3. (c)

   a Category C identification document;

4. (d)

   a Category D identification document;

5. (e)

   any other document used to identify a person for the purposes of this Division.

81

Regulation 6.07G

Repeal the regulation.

1. 82

   At the end of Subdivision 6.1A.1 of Division 6.1A of Part 6

Add:

6.07HAIdentification documents not in English must be translated

1. (1)

   This regulation applies if a person gives an issuing body, as an identification document, a document that is not in English.

2. (2)

   The person must also give the issuing body an original or certified copy of an accurate translation of the document into English.

83

After regulation 6.08BA

Insert:

6.08BBRequirements for verifying identity

1. (1)

   This regulation sets out how a person’s identity is to be verified by an issuing body for the purposes of paragraph 6.08C(1)(b).

2. (2)

   The person must:

   1. (a)

      subject to subregulation (3), give to the issuing body, in person, an original of each of the following for the person:

      1. (i)

         a Category A identification document;

      2. (ii)

         a Category B identification document that is different from the Category A identification document;

      3. (iii)

         a Category C identification document that is different from the Category A identification document and the Category B identification document;

      4. (iv)

         if evidence of residential address is not set out in a document already given—a Category D identification document; and

   2. (b)

      give to the issuing body the information required under the AusCheck Regulations 2007 to be included in an application for a background check in relation to the person.

3. (3)

   If the Secretary has given an approval under regulation 6.08BC for alternative identification requirements to apply to the person, or a class of persons including the person, in relation to a requirement (the primary requirement) referred to in paragraph (2)(a) of this regulation, the person may satisfy the primary requirement by complying with the alternative identification requirements.

4. (4)

   The issuing body must verify the person’s identity at the time the person gives the documents referred to in paragraph (2)(a) (or any other documents given in accordance with alternative identification requirements) to the issuing body.

5. (5)

   To avoid doubt, the person must give the documents referred to in paragraph (2)(a) (or any other documents given in accordance with alternative identification requirements) to the issuing body even if the person has previously give the same documents to the same issuing body in relation to another application for the issue of an MSIC.

6.08BCAlternative requirements for verifying identity

Alternative identification requirements—persons

1. (1)

   If a person cannot satisfy one or more requirements to give a document to an issuing body under paragraph 6.08BB(2)(a), the issuing body may apply to the Secretary for approval of alternative identification requirements in relation to those requirements for the person.

2. (2)

   The application must:

   1. (a)

      be in writing; and

   2. (b)

      state whether the document or documents are one or more of the following:

      1. (i)

         a Category A identification document;

      2. (ii)

         a Category B identification document;

      3. (iii)

         a Category C identification document;

      4. (iv)

         a Category D identification document; and

   3. (c)

      state the reason why the person cannot satisfy the requirement or requirements; and

   4. (d)

      set out alternative identification requirements; and

   5. (e)

      if the alternative identification requirements relate to another document or other documents—include a copy of that document or those documents; and

   6. (f)

      include any other information that may assist the Secretary in making a decision about whether to approve the alternative identification requirements.

3. (3)

   In making a decision to approve, or refuse to approve, alternative identification requirements, the Secretary must consider the following matters:

   1. (a)

      the extent to which the issuing body can show evidence of the identity of the person;

   2. (b)

      the reason why the person cannot satisfy the requirement or requirements;

   3. (c)

      whether the alternative identification requirements proposed are sufficient to enable the Secretary AGD to conduct a background check.

4. (4)

   If the Secretary requires further information to consider the application, the Secretary may request the issuing body to give the further information.

5. (5)

   The Secretary must, in writing and within 30 days after receiving the application or, if further information is requested, within 30 days after receiving the further information:

   1. (a)

      approve, or refuse to approve, the alternative identification requirements for the person; and

   2. (b)

      notify the issuing body of the decision; and

   3. (c)

      if the decision is a refusal—notify the issuing body of the reasons for the refusal.

   Note: See section 27A of the Administrative Appeals Tribunal Act 1975 for the requirements for a person who makes a reviewable decision to give a person whose interests are affected by the decision notice of the making of the decision and of the person’s right to have the decision reviewed.

6. (6)

   If the Secretary has not made a decision on the application within the period mentioned in subregulation (5), the Secretary is taken to have refused to approve the application.

Alternative identification requirements—classes of persons

1. (7)

   If the Secretary is satisfied that a class of persons may be unable to meet one or more requirements under paragraph 6.08BB(2)(a), the Secretary may approve alternative identification requirements in relation to those requirements for the class of persons.

84

Paragraph 6.08C(1)(b)

Repeal the paragraph, substitute:

1. (b)

   the issuing body is satisfied of the person’s identity, after verifying the person’s identity in accordance with regulation 6.08BB;

85

Paragraph 6.08J(3)(e)

Repeal the paragraph, substitute:

1. (e)

   subject to paragraph (ea), the given name and surname must be those under which the holder’s identity was verified in relation to the application for the MSIC;

2. (ea)

   if the holder’s name has changed since his or her identity was verified in relation to the application for the MSIC, and the holder has notified the issuing body of the change in accordance with regulation 6.08LCA, the given name and surname must be those notified to the issuing body under regulation 6.08LCA;

86

Subregulation 6.08LCA(2)

Repeal the subregulation, substitute:

1. (2)

   The person must:

   1. (a)

      notify the issuing body in person; and

   2. (b)

      at the same time, give the issuing body an original of a current and valid document, showing the new name, which was issued to the person by a Commonwealth, State or Territory Department or agency.

87

After subregulation 6.08X(3)

Insert:

Decisions relating to alternative identification requirements

1. (3A)

   Applications may be made to the Tribunal for review of decisions of the Secretary under paragraph 6.08BC(5)(a) to refuse to approve alternative identification requirements for a person.

88

At the end of Part 4 of Schedule 2

Add:

105Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016 and commencing 1 August 2017

The amendments made by Part 2 of Schedule 2 to the Transport Security Legislation Amendment (Identity Security) Regulation 2016 apply in relation to applications for MSICs made on or after 1 August 2017.