Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016 (Cth)

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Transport Security Legislation Amendment (Issuing Body Processes) 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 (Issuing Body Processes) 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

Immediately after the commencement of Part 1 of Schedule 1 to the Transport Security Legislation Amendment (Identity Security) Regulation 2016.

1 November 2016

3.

Schedule 2

Immediately after the commencement of Part 1 of Schedule 2 to the Transport Security Legislation Amendment (Identity Security) Regulation 2016.

1 November 2016

4.

Schedule 3

Immediately after the commencement of Part 1 of Schedule 1 to the Transport Security Legislation Amendment (Identity Security) Regulation 2016.

1 November 2016

Note: This table relates only to the provisions of this instrument as originally made.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;

  3. (c)

    the AusCheck Act 2007.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Regulations 6.19 to 6.22

Repeal the regulations, substitute:

6.19Revocation of authorisation for cause

  1. (1)

    If an issuing body is the operator of a security controlled airport, the Secretary must revoke the body’s authorisation as an issuing body if, in the opinion of the Secretary:

    1. (a)

      the body’s ASIC program 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; or

    2. (b)

      allowing the body’s authorisation to continue would be likely to be a significant threat to aviation security; or

    3. (c)

      the body does not comply with a direction of the Secretary under regulation 6.09.

  2. (2)

    If an issuing body is not the operator of a security controlled airport, the Secretary must revoke the body’s authorisation as an issuing body if, in the opinion of the Secretary:

    1. (a)

      the body is no longer a person that may appropriately be authorised to issue ASICs; or

    2. (b)

      the body no longer controls a secure area, or part of a secure area, of a security controlled airport, and does not reasonably require on‑going access to such an area or part of an area; or

    3. (c)

      the ASICs being issued by the body can more appropriately be issued by an airport operator; or

    4. (d)

      the body’s ASIC program 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; or

    5. (e)

      allowing the body’s authorisation to continue would be likely to be a significant threat to aviation security; or

    6. (f)

      the body does not comply with a direction of the Secretary under regulation 6.09.

  3. (3)

    The Secretary may revoke the authorisation of an issuing body if the body contravenes:

    1. (a)

      this Part; or

    2. (b)

      a condition of its authorisation; or

    3. (c)

      its ASIC program.

  4. (4)

    In making a decision under subregulation (3), the Secretary must consider:

    1. (a)

      the kind and seriousness of the contravention; and

    2. (b)

      whether the issuing body has previously contravened this Part, a condition of its authorisation or its ASIC program.

  5. (5)

    As soon as practicable after revoking the authorisation of a body under this regulation, the Secretary must notify the body in writing of the revocation and the reasons for the revocation.

    Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires 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)

    The revocation takes effect when written notice of the revocation is given to the body.

6.19ASecretary’s discretion to revoke authorisation

  1. (1)

    The Secretary may revoke the authorisation of a body (the relevant body) as an issuing body:

    1. (a)

      on the Secretary’s own initiative; or

    2. (b)

      on application by the relevant body under regulation 6.20.

  2. (2)

    If the Secretary is considering revoking the authorisation of the relevant body under this regulation on the Secretary’s own initiative, the Secretary must give the relevant body written notice inviting the relevant body to respond within 14 days.

  3. (3)

    Before deciding whether to revoke the authorisation under this regulation, the Secretary must consider the following matters:

    1. (a)

      the number of ASICs issued by the relevant body that:

      1. (i)

        are in effect; or

      2. (ii)

        are suspended under regulation 6.42B; or

      3. (iii)

        have been cancelled or have expired, but may be reinstated; or

      4. (iv)

        have been cancelled or have expired, if another ASIC may be issued to the former holder without a further background check being conducted;

    2. (b)

      whether there are any applications for ASICs that the relevant body is yet to approve or refuse to approve;

    3. (c)

      whether there is another issuing body that can be the issuing body for:

      1. (i)

        the ASICs issued by the relevant body; and

      2. (ii)

        any applications referred to in paragraph (b);

    4. (d)

      whether the relevant body should be a transitional issuing body under regulation 6.22A;

    5. (e)

      any information given to the Secretary by the Secretary AGD about the following:

      1. (i)

        any applications referred to in paragraph (b);

      2. (ii)

        any applications for ASICs that have been approved by the relevant body, but the ASIC has not yet been issued;

      3. (iii)

        the effect the revocation of the body’s authorisation may have on operations;

    6. (f)

      if the relevant body has responded to a notice under subregulation (2)—the relevant body’s response, including whether the relevant body wants to continue to be an issuing body;

    7. (g)

      any other matter the Secretary considers relevant.

  4. (4)

    If the Secretary decides to revoke, or refuse to revoke, the relevant body’s authorisation under this regulation, the Secretary must give the body written notice of the Secretary’s decision and the reasons for the decision.

    Note: If the body applied for the revocation, the Secretary must make the decision and give the body written notice within 30 days of receiving the application—see subregulation 6.20(2).

  5. (5)

    If the Secretary decides to revoke the relevant body’s authorisation under this regulation, and there are:

    1. (a)

      ASICs referred to in paragraph (3)(a) issued by the relevant body; or

    2. (b)

      applications for ASICs that the relevant body is yet to approve or refuse to approve;

the Secretary must do one of the following:

  1. (c)

    decide, under regulation 6.22, that another issuing body is to be the issuing body for the ASICs and applications;

  2. (d)

    declare the relevant body to be a transitional issuing body under regulation 6.22A and postpone the revocation until the time referred to in paragraph 6.22A(2)(c).

Note: If there are no ASICs or applications referred to in paragraph (a) or (b), the Secretary may revoke the relevant body’s authorisation without doing the things in paragraph (c) or (d).

  1. (6)

    In deciding, for the purposes of subregulation (5), which of paragraphs (5)(c) and (d) is to apply, the Secretary must consider the matters referred to in paragraphs (3)(a), (b), (c), (d), (f) and (g).

  2. (7)

    A revocation of the relevant body’s authorisation under this regulation takes effect:

    1. (a)

      if the Secretary declares the relevant body to be a transitional issuing body under regulation 6.22A—at the time referred to in paragraph 6.22A(2)(c); or

    2. (b)

      otherwise—at the time the Secretary decides to revoke the authorisation.

  3. (8)

    The Secretary must tell the Secretary AGD if the Secretary decides to revoke the relevant body’s authorisation under this regulation.

6.20Application by issuing body for revocation of authorisation

  1. (1)

    An issuing body may apply, in writing, for the Secretary to revoke under regulation 6.19A the authorisation of the body as an issuing body.

  2. (2)

    Within 30 days after receiving the written application, the Secretary must:

    1. (a)

      decide to revoke, or refuse to revoke, the applicant’s authorisation as an issuing body; and

    2. (b)

      give the applicant written notice under subregulation 6.19A(4).

    Note: If the Secretary decides to revoke the applicant’s authorisation as an issuing body and there are ASICs or applications referred to in paragraph 6.19A(5)(a) or (b), the Secretary must also make a decision referred to in paragraph 6.19A(5)(c) or (d).

  3. (3)

    If the Secretary does not make a decision about an application within the 30 days referred to in subregulation (2), the Secretary is taken to have refused to revoke the applicant’s authorisation at the end of that period.

6.21Revocation does not prevent another application for authorisation

The revocation of a body’s authorisation as an issuing body under regulation 6.19 or 6.19A does not prevent the body applying for a new authorisation under regulation 6.15.

6.22Responsibility for ASICs, applications and records if body ceases to be an issuing body

  1. (1)

    This regulation applies in relation to a body (the original issuing body) that was an issuing body if:

    1. (a)

      the Secretary revokes the authorisation of the body as an issuing body under regulation 6.19 or 6.19A; or

    2. (b)

      the body ceases to exist; or

    3. (c)

      for any other reason, the body no longer performs the functions or exercises the powers of an issuing body.

  2. (2)

    The Secretary may decide that another issuing body (the new issuing body) is to be the issuing body for:

    1. (a)

      any ASICs (transferred ASICs) issued by the original issuing body that:

      1. (i)

        are in effect; or

      2. (ii)

        are suspended under regulation 6.42B; or

      3. (iii)

        have been cancelled or have expired, but may be reinstated; or

      4. (iv)

        have been cancelled or have expired, if another ASIC may be issued to the former holder without a further background check being conducted; and

    2. (b)

      any applications for ASICs (transferred ASIC applications) made to the original issuing body in relation to which the original issuing body:

      1. (i)

        has applied to the Secretary AGD for a background check (whether or not the background check has been completed); but

      2. (ii)

        has not yet issued, or refused to issue, an ASIC.

  3. (3)

    The Secretary must tell the Secretary AGD who the new issuing body for the transferred ASICs and transferred ASIC applications will be.

Transferred ASICs and transferred ASIC applications

  1. (4)

    A transferred ASIC is not affected by the original issuing body no longer being an issuing body.

  2. (5)

    The new issuing body is not responsible for the actions of the original issuing body in relation to a transferred ASIC.

  3. (6)

    The new issuing body may continue to deal with a transferred ASIC application as if it had been made to the new issuing body, and if the new issuing body does so:

    1. (a)

      subject to paragraph (b), anything done by or in relation to the original issuing body in relation to the transferred ASIC application is taken, for the purposes of the new issuing body dealing with the application under this Part, to have been done by or in relation to the new issuing body; but

    2. (b)

      the new issuing body may disregard anything done by or in relation to the original issuing body in relation to the transferred ASIC application for the purposes of dealing with the application under this Part, if the new issuing body considers it appropriate to do so.

    Note: For example, the new issuing body may continue to process a transferred ASIC application, and may issue the ASIC applied for, in reliance on identification documents provided to the original issuing body. However, the new issuing body may choose not to rely on the documents, and may require the applicant to provide identification documents again, if the new issuing body considers it appropriate to do so.

Transfer of records and documents to new issuing body

  1. (7)

    The original issuing body must transfer to the new issuing body:

    1. (a)

      the original issuing body’s register of ASICs, to the extent that the register relates to transferred ASICs; and

    2. (b)

      any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007) in the original issuing body’s possession that relate to:

      1. (i)

        transferred ASICs; or

      2. (ii)

        transferred ASIC applications.

Transfer of records and documents to Secretary

  1. (8)

    The original issuing body must transfer to the Secretary any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007) that subregulation 6.24(2) requires the original issuing body to retain, other than records or documents transferred to a new issuing body (if any) under subregulation (7) of this regulation.

    Note: Subregulation (8) applies whether or not there is a new issuing body.

2

Subregulation 6.22A(2)

Repeal the subregulation, substitute:

  1. (2)

    If the Secretary declares an issuing body to be a transitional issuing body, the following apply to the body:

    1. (a)

      beginning on the day after the Secretary makes the declaration, the transitional issuing body:

      1. (i)

        must not issue a new ASIC unless the issuing body received the application for the ASIC before the issuing body was declared to be a transitional issuing body; and

      2. (ii)

        must not apply to the Secretary AGD for a background check, other than under regulation 6.41A;

    2. (b)

      the transitional issuing body continues to be the issuing body for any ASICs issued by the issuing body, and may issue replacement ASICs;

    3. (c)

      the transitional issuing body’s authorisation as an issuing body is taken to be revoked immediately after the expiry or cancellation of the last ASIC issued by the body.

    Note: A transitional issuing body remains an issuing body (see the definition of issuing body in subregulation 6.01(1)).

3

In the appropriate position in Part 10

Insert:

Division 7—Amendments made by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016

10.21Amendments made by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016

  1. (1)

    Subject to subregulation (2), the amendments of these Regulations made by Schedule 1 to the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016 apply in relation to the following:

    1. (a)

      a decision of the Secretary made on or after 1 November 2016 to revoke the authorisation of a body as an issuing body (including such a decision made on the basis of matters that arose before that day);

    2. (b)

      any other event referred to in subregulation 6.22(1) that occurs on or after 1 November 2016.

  2. (2)

    The amendments of these Regulations made by Schedule 1 to the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016 apply in relation to an application for the Secretary to revoke the authorisation of a body as an issuing body made on or after 1 November 2016.

Schedule 2Maritime transport and offshore facilities security

Maritime Transport and Offshore Facilities Security Regulations 2003

  1. 1

    Subregulation 6.07B(1) (definition of issuing body)

Repeal the definition, substitute:

issuing body means a person or body:

  1. (a)

    that is authorised to issue MSICs; or

  2. (b)

    that is a transitional issuing body.

2

Subregulation 6.07B(1)

Insert:

transitional issuing body means a body declared by the Secretary under subregulation 6.07ZB(1) to be a transitional issuing body.

3

Regulations 6.07W to 6.07Z

Repeal the regulations, substitute:

6.07WRevocation of authorisation for cause

  1. (1)

    The Secretary must revoke an issuing body’s authorisation as an issuing body if, in the opinion of the Secretary:

    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

    2. (b)

      allowing the body’s authorisation to continue would be likely to be a significant threat to the security of maritime transport or an offshore facility; or

    3. (c)

      the body does not comply with a direction of the Secretary under regulation 6.07S.

  2. (2)

    The Secretary may revoke the authorisation of an issuing body if the body contravenes:

    1. (a)

      this Division; or

    2. (b)

      a condition of its authorisation; or

    3. (c)

      its MSIC plan.

  3. (3)

    In making a decision under subregulation (2), the Secretary must consider:

    1. (a)

      the kind and seriousness of the contravention; and

    2. (b)

      whether the issuing body has previously contravened this Division, a condition of its authorisation or its MSIC plan.

  4. (4)

    As soon as practicable after revoking the authorisation of a body under this regulation, the Secretary must notify the body in writing of the revocation and the reasons for the revocation.

    Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires 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.

  5. (5)

    The revocation takes effect when written notice of the revocation is given to the body.

6.07XSecretary’s discretion to revoke authorisation

  1. (1)

    The Secretary may revoke the authorisation of a body (the relevant body) as an issuing body:

    1. (a)

      on the Secretary’s own initiative; or

    2. (b)

      on application by the relevant body under regulation 6.07Y.

  2. (2)

    If the Secretary is considering revoking the authorisation of the relevant body under this regulation on the Secretary’s own initiative, the Secretary must give the relevant body written notice inviting the relevant body to respond within 14 days.

  3. (3)

    Before deciding whether to revoke the authorisation under this regulation, the Secretary must consider the following matters:

    1. (a)

      the number of MSICs issued by the relevant body that:

      1. (i)

        are in effect; or

      2. (ii)

        are suspended under regulation 6.08LF; or

      3. (iii)

        have been cancelled or have expired, but may be reinstated; or

      4. (iv)

        have been cancelled or have expired, if another MSIC may be issued to the former holder without a further background check being conducted;

    2. (b)

      whether there are any applications for MSICs that the relevant body is yet to approve or refuse to approve;

    3. (c)

      whether there is another issuing body that can be the issuing body for:

      1. (i)

        the MSICs issued by the relevant body; and

      2. (ii)

        any applications referred to in paragraph (b);

    4. (d)

      whether the relevant body should be a transitional issuing body under regulation 6.07ZB;

    5. (e)

      any information given to the Secretary by the Secretary AGD about the following:

      1. (i)

        any applications referred to in paragraph (b);

      2. (ii)

        any applications for MSICs that have been approved by the relevant body, but the MSIC has not yet been issued;

      3. (iii)

        the effect the revocation of the body’s authorisation may have on operations;

    6. (f)

      if the relevant body has responded to a notice under subregulation (2)—the relevant body’s response, including whether the relevant body wants to continue to be an issuing body;

    7. (g)

      any other matter the Secretary considers relevant.

  4. (4)

    If the Secretary decides to revoke, or refuse to revoke, the relevant body’s authorisation under this regulation, the Secretary must give the body written notice of the Secretary’s decision and the reasons for the decision.

  1. Note: If the body applied for the revocation, the Secretary must make the decision and give the body written notice within 30 days of receiving the application—see subregulation 6.07Y(2).

  2. (5)

    If the Secretary decides to revoke the relevant body’s authorisation under this regulation, and there are:

    1. (a)

      MSICs referred to in paragraph (3)(a) issued by the relevant body; or

    2. (b)

      applications for MSICs that the relevant body is yet to approve or refuse to approve;

the Secretary must do one of the following:

  1. (c)

    decide, under regulation 6.07ZA, that another issuing body is to be the issuing body for the MSICs and applications;

  2. (d)

    declare the relevant body to be a transitional issuing body under regulation 6.07ZB and postpone the revocation until the time referred to in paragraph 6.07ZB(2)(c).

Note: If there are no MSICs or applications referred to in paragraph (a) or (b), the Secretary may revoke the relevant body’s authorisation without doing the things in paragraph (c) or (d).

  1. (6)

    In deciding, for the purposes of subregulation (5), which of paragraphs (5)(c) and (d) is to apply, the Secretary must consider the matters referred to in paragraphs (3)(a), (b), (c), (d), (f) and (g).

  2. (7)

    A revocation of the relevant body’s authorisation under this regulation takes effect:

    1. (a)

      if the Secretary declares the relevant body to be a transitional issuing body under regulation 6.07ZB—at the time referred to in paragraph 6.07ZB(2)(c); or

    2. (b)

      otherwise—at the time the Secretary decides to revoke the authorisation.

  3. (8)

    The Secretary must tell the Secretary AGD if the Secretary decides to revoke the relevant body’s authorisation under this regulation.

6.07YApplication by issuing body for revocation of authorisation

  1. (1)

    An issuing body may apply, in writing, for the Secretary to revoke under regulation 6.07X the authorisation of the body as an issuing body.

  2. (2)

    Within 30 days after receiving the written application, the Secretary must:

    1. (a)

      decide to revoke, or refuse to revoke, the applicant’s authorisation as an issuing body; and

    2. (b)

      give the applicant written notice under subregulation 6.07X(4).

    Note: If the Secretary decides to revoke the applicant’s authorisation as an issuing body and there are MSICs or applications referred to in paragraph 6.07X(5)(a) or (b), the Secretary must also make a decision referred to in paragraph 6.07X(5)(c) or (d).

  3. (3)

    If the Secretary does not make a decision about an application within the 30 days referred to in subregulation (2), the Secretary is taken to have refused to revoke the applicant’s authorisation at the end of that period.

6.07ZRevocation does not prevent another application for authorisation

The revocation of a body’s authorisation as an issuing body under regulation 6.07W or 6.07X does not prevent the body applying for a new authorisation under regulation 6.07O.

6.07ZAResponsibility for MSICs, applications and records if body ceases to be an issuing body

  1. (1)

    This regulation applies in relation to a body (the original issuing body) that was an issuing body if:

    1. (a)

      the Secretary revokes the authorisation of the body as an issuing body under regulation 6.07W or 6.07X; or

    2. (b)

      the body ceases to exist; or

    3. (c)

      for any other reason, the body no longer performs the functions or exercises the powers of an issuing body.

  2. (2)

    The Secretary may decide that another issuing body (the new issuing body) is to be the issuing body for:

    1. (a)

      any MSICs (transferred MSICs) issued by the original issuing body that:

      1. (i)

        are in effect; or

      2. (ii)

        are suspended under regulation 6.08LF; or

      3. (iii)

        have been cancelled or have expired, but may be reinstated; or

      4. (iv)

        have been cancelled or have expired, if another MSIC may be issued to the former holder without a further background check being conducted; and

    2. (b)

      any applications for MSICs (transferred MSIC applications) made to the original issuing body in relation to which the original issuing body:

      1. (i)

        has applied to the Secretary AGD for a background check (whether or not the background check has been completed); but

      2. (ii)

        has not yet issued, or refused to issue, an MSIC.

  3. (3)

    The Secretary must tell the Secretary AGD who the new issuing body for the transferred MSICs and transferred MSIC applications will be.

Transferred MSICs and transferred MSIC applications

  1. (4)

    A transferred MSIC is not affected by the original issuing body no longer being an issuing body.

  2. (5)

    The new issuing body is not responsible for the actions of the original issuing body in relation to a transferred MSIC.

  3. (6)

    The new issuing body may continue to deal with a transferred MSIC application as if it had been made to the new issuing body, and if the new issuing body does so:

    1. (a)

      subject to paragraph (b), anything done by or in relation to the original issuing body in relation to the transferred MSIC application is taken, for the purposes of the new issuing body dealing with the application under this Division, to have been done by or in relation to the new issuing body; but

    2. (b)

      the new issuing body may disregard anything done by or in relation to the original issuing body in relation to the transferred MSIC application for the purposes of dealing with the application under this Division, if the new issuing body considers it appropriate to do so.

    Note: For example, the new issuing body may continue to process a transferred MSIC application, and may issue the MSIC applied for, in reliance on identification documents provided to the original issuing body. However, the new issuing body may choose not to rely on the documents, and may require the applicant to provide identification documents again, if the new issuing body considers it appropriate to do so.

Transfer of records and documents to new issuing body

  1. (7)

    The original issuing body must transfer to the new issuing body:

    1. (a)

      the original issuing body’s register of MSICs, to the extent that the register relates to transferred MSICs; and

    2. (b)

      any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007) in the original issuing body’s possession that relate to:

      1. (i)

        transferred MSICs; or

      2. (ii)

        transferred MSIC applications.

Transfer of records and documents to Secretary

  1. (8)

    The original issuing body must transfer to the Secretary any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007) that subregulation 6.08U(2) requires the original issuing body to retain, other than records or documents transferred to a new issuing body (if any) under subregulation (7) of this regulation.

    Note: Subregulation (8) applies whether or not there is a new issuing body.

6.07ZBTransitional issuing bodies

  1. (1)

    The Secretary may, in writing, declare an issuing body to be a transitional issuing body.

  2. (2)

    If the Secretary declares an issuing body to be a transitional issuing body, the following apply to the body:

    1. (a)

      beginning on the day after the Secretary makes the declaration, the transitional issuing body:

      1. (i)

        must not issue a new MSIC unless the issuing body received the application for the MSIC before the issuing body was declared to be a transitional issuing body; and

      2. (ii)

        must not apply to the Secretary AGD for a background check, other than under regulation 6.08LBA;

    2. (b)

      the transitional issuing body continues to be the issuing body for any MSICs issued by the issuing body, and may issue replacement MSICs;

    3. (c)

      the transitional issuing body’s authorisation as an issuing body is taken to be revoked immediately after the expiry or cancellation of the last MSIC issued by the body.

    Note: A transitional issuing body remains an issuing body (see the definition of issuing body in subregulation 6.07B(1)).

  3. (3)

    The Secretary must tell the Secretary AGD if the Secretary declares a body to be a transitional issuing body.

Offence

  1. (4)

    A person commits an offence if:

    1. (a)

      the person is a transitional issuing body; and

    2. (b)

      the person issues an MSIC, a card resembling an MSIC, or a card apparently intended to be taken to be an MSIC; and

    3. (c)

      the MSIC or card:

      1. (i)

        is not a replacement MSIC; and

      2. (ii)

        is not a new MSIC that was applied for before the person was declared to be a transitional issuing body.

    Penalty: 50 penalty units.

4

At the end of subregulation 6.08X(1)

Add:

  1. ; or (h)

    to refuse to revoke an issuing body’s authorisation.

5

In the appropriate position in Schedule 2

Insert:

Part 6—Amendments made by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016

107Amendments made by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016

  1. (1)

    Subject to subclause (2), the amendments of these Regulations made by Schedule 2 to the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016 apply in relation to the following:

    1. (a)

      a decision of the Secretary made on or after 1 November 2016 to revoke the authorisation of a body as an issuing body (including such a decision made on the basis of matters that arose before that day);

    2. (b)

      any other event referred to in subregulation 6.07ZA(1) that occurs on or after 1 November 2016.

  2. (2)

    The amendments of these Regulations made by Schedule 2 to the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016 apply in relation to an application for the Secretary to revoke the authorisation of a body as an issuing body made on or after 1 November 2016.

Schedule 3Other amendments

AusCheck Regulations 2007

1

Paragraph 9(3)(a)

After “requirements”, insert “, or whether to issue a security identification card to the individual”.

2

After regulation 9

Insert:

9ATransfer of responsibility for ASICs and MSICs and applications for ASICs and MSICs

  1. (1)

    This regulation applies if, under regulation 6.22 of the Aviation Transport Security Regulations 2005 or regulation 6.07ZA of the Maritime Transport and Offshore Facilities Security Regulations 2003, an issuing body (the new issuing body) becomes, or is, the issuing body for:

    1. (a)

      a security identification card issued by another issuing body; or

    2. (b)

      an application for a security identification card made to another issuing body.

  2. (2)

    The Secretary may give the new issuing body any advice, documents or information (which may include AusCheck scheme personal information) that the Secretary would have been required or authorised under these Regulations to give the other issuing body in relation to the security identification card or the application.

3

At the end of the Regulations

Add:

17Application of amendments made by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016

Regulation 9A, as inserted by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016, applies in relation to the following:

  1. (a)

    a decision of the Transport Secretary made on or after 1 November 2016 to revoke the authorisation of a body as an issuing body (including such a decision made on the basis of matters that arose before that day);

  2. (b)

    any other event referred to in the following provisions that occurs on or after 1 November 2016:

    1. (i)

      subregulation 6.22(1) of the Aviation Transport Security Regulations 2005;

    2. (ii)

      subregulation 6.07ZA(1) of the Maritime Transport and Offshore Facilities Security Regulations 2003.

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