Transport Security Legislation Amendment (Job Ready Status) Regulation 2015 (Cth)
Transport Security Legislation Amendment (Job Ready Status) Regulation 2015
Select Legislative Instrument No. 248, 2015
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 10 December 2015
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Warren Truss
Minister for Infrastructure and Regional Development
Contents
1............ Name.................................................................................................. 1
2............ Commencement.................................................................................. 1
3............ Authority............................................................................................ 1
4............ Schedules............................................................................................ 1
Schedule 1—Amendments 2
Part 1—Aviation Security Identification Cards 2
Aviation Transport Security Regulations 2005 2
Part 2—Maritime Security Identification Cards 5
Maritime Transport and Offshore Facilities Security Regulations 2003 5
Part 3—AusCheck scheme 8
AusCheck Regulations 2007 8
1Name
This is the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015.
2Commencement
(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this instrument | 15 December 2015. | 15 December 2015 |
Note:This table relates only to the provisions of this instrument as originally made.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.
(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 Acts:
(a)the Aviation Transport Security Act 2004;
(b)the Maritime Transport and Offshore Facilities Security Act 2003;
(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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Amendments
Part 1—Aviation Security Identification Cards
Aviation Transport Security Regulations 2005
1 Regulation 6.26
Omit “who has an operational need may apply”, substitute “may, in writing, apply”.
2 Paragraph 6.27AA(1)(a)
Omit “, if the issuing body proposes to issue an ASIC to the person”.
3 Subregulation 6.27AA(3)
Omit “on the holder of an ASIC if the Secretary considers on reasonable grounds that the holder”, substitute “on a person who is an applicant for an ASIC, or the holder of an ASIC, if the Secretary considers on reasonable grounds that the person”.
4 Paragraph 6.27AA(4)(a)
Omit “holder of the ASIC”, substitute “person”.
5 Paragraph 6.27AA(4)(b)
Omit “holder”, substitute “person”.
6 Subregulation 6.29(1)
Repeal the subregulation, substitute:
(1) If a person is not eligible to be issued an ASIC only because he or she:
(a) has an adverse criminal record; or
(b) is disqualified under regulation 6.48 from holding an ASIC; or
(c) has an adverse criminal record or is disqualified under regulation 6.48, and does not have an operational need for an ASIC;
an issuing body or the person may apply to the Secretary, in writing, for approval to issue an ASIC to the person.
Note: If the person does not have an operational need for an ASIC, an ASIC must not be issued to the person until he or she has an operational need (see subregulation (7)).
7 At the end of regulation 6.29
Add:
Applicant who does not have an operational need
(7) If the Secretary approves the issue of an ASIC to a person who does not have an operational need for the ASIC, the ASIC must not be issued until the person has an operational need for the ASIC.
8 Regulation 6.41 (heading)
Repeal the heading, substitute:
6.41 Obligation of applicants for, and holders of, ASICs—conviction of aviation‑security‑relevant offence
9 Subregulation 6.41(1)
Omit “the holder of an ASIC is convicted and sentenced for an aviation‑security‑relevant offence, the holder”, substitute “a person who is an applicant for, or the holder of, an ASIC is convicted of and sentenced for an aviation‑security‑relevant offence, the person”.
10 Paragraph 6.41(1)(b)
Repeal the paragraph, substitute:
(b) if he or she holds one or more ASICs—the unique number of each ASIC held;
11 Subparagraph 6.41(1)(e)(iii)
After “ability”, insert “to hold an ASIC or”.
12 Subregulations 6.41(2), (3) and (4)
Omit “holder” (wherever occurring), substitute “person”.
13 Regulation 6.41A
Omit “the holder of an ASIC”, substitute “a person who is an applicant for, or the holder of, an ASIC”.
14 Regulation 6.41A
Omit “the holder not later than 2 working days after the holder”, substitute “the person before the end of 2 working days after the person”.
15 Regulation 6.42 (heading)
Repeal the heading, substitute:
6.42 Obligation of applicants for, and holders of, ASICs—change of name
16 Subregulation 6.42(1)
Omit “the holder of an ASIC changes his or her name, he or she must notify the issuing body that issued the ASIC”, substitute “a person who is an applicant for, or the holder of, an ASIC changes his or her name, he or she must notify the issuing body to which the application was made or the issuing body that issued the ASIC (as the case may be)”.
17 Regulation 6.42 (note)
Omit “The issuing body”, substitute “If the person is the holder of an ASIC, the issuing body”.
18 At the end of Part 10
Add:
10.03 Amendments made by the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015
The amendments of these Regulations made by Part 1 of Schedule 1 to the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015 apply in relation to an application for an ASIC made on or after the commencement of that Part.
Note: Part 1 of Schedule 1 to the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015 commenced on 15 December 2015.
Part 2—Maritime Security Identification Cards
Maritime Transport and Offshore Facilities Security Regulations 2003
19 Regulation 6.07F (examples 1 to 5)
Repeal the examples.
20 Subregulation 6.08B(1)
Omit “if the person has an operational need to hold an MSIC”.
21 Paragraph 6.08BA(1)(a)
Omit “, if the issuing body proposes to issue an MSIC to the person”.
22 Subregulation 6.08F(1)
Repeal the subregulation, substitute:
(1) If:
(a) a person is not eligible to be issued an MSIC only because he or she:
(i) has an adverse criminal record; or
(ii) has an adverse criminal record, and does not have an operational need for an MSIC; and
(b) he or she has not been convicted of a disqualifying offence;
an issuing body or the applicant may apply to the Secretary, in writing, for approval to issue an MSIC to the person.
Note: If the person does not have an operational need for an MSIC, an MSIC must not be issued to the person until he or she has an operational need (see subregulation (9)).
23 At the end of regulation 6.08F
Add:
Applicant who does not have an operational need
(9) If the Secretary approves the issue of an MSIC to a person who does not have an operational need for the MSIC, the MSIC must not be issued until the person has an operational need for the MSIC.
24 Regulation 6.08LB (heading)
Repeal the heading, substitute:
6.08LB Obligation of applicants for, and holders of, MSICs—conviction of maritime‑security‑relevant offence
25 Subregulation 6.08LB(1)
Omit “the holder of an MSIC is”, substitute “a person who is an applicant for, or the holder of, an MSIC is”.
26 Subregulation 6.08LB(2)
Omit “holder”, substitute “person”.
27 Paragraph 6.08LB(2)(b)
Repeal the paragraph, substitute:
(b) if he or she holds one or more MSICs—the unique number of each MSIC held;
28 Subparagraph 6.08LB(2)(e)(iii)
After “ability”, insert “to hold an MSIC or”.
29 Subregulations 6.08LB(3), (4) and (5)
Omit “holder” (wherever occurring), substitute “person”.
30 Paragraph 6.08LBA(a)
Omit “the holder of an MSIC”, substitute “a person who is an applicant for, or the holder of, an MSIC”.
31 Paragraph 6.08LBA(b)
Omit “holder” (wherever occurring), substitute “person”.
32 Regulation 6.08LC (heading)
Repeal the heading, substitute:
6.08LC Application by Secretary for background check on applicant for, or holder of, MSIC
33 Subregulation 6.08LC(1)
Omit “the holder of an MSIC if the Secretary considers on reasonable grounds that the holder”, substitute “a person who is an applicant for, or the holder of, an MSIC if the Secretary considers on reasonable grounds that the person”.
34 Paragraph 6.08LC(2)(a)
Omit “holder of the MSIC”, substitute “person”.
35 Paragraph 6.08LC(2)(b)
Omit “holder”, substitute “person”.
36 At the end of Schedule 2
Add:
Part 3—Amendments made by the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015
103 Applications for MSICs
The amendments of these Regulations made by Part 2 of Schedule 1 to the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015 apply in relation to an application for an MSIC made on or after the commencement of that Part.
Note: Part 2 of Schedule 1 to the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015 commenced on 15 December 2015.
Part 3—AusCheck scheme
AusCheck Regulations 2007
37 Regulation 3
Insert:
operational need:
(a) in relation to an aviation security identification card—has the same meaning as in Part 6 of the Aviation Transport Security Regulations 2005; and
(b) in relation to a maritime security identification card—has the same meaning as in Division 6.1A of Part 6 of the Maritime Transport and Offshore Facilities Security Regulations 2003.
38 Subregulation 5(3)
Omit “The holder of a security identification card is taken to have applied for a background check if the holder”, substitute “An individual who is an applicant for, or the holder of, a security identification card is taken to have applied for a background check if the individual”.
39 Paragraph 6(1)(c)
Repeal the paragraph, substitute:
(c) if the individual is employed—the name and business address of the individual’s employer;
(ca) if the individual is a student—the name and business address of the institution at which the individual is studying;
40 After subregulation 6(1)
Insert:
(1AA) An application for a background check about an individual who has applied for a security identification card is required to include the information mentioned in paragraphs 6(1)(c) and (ca) only if, at the time the application for a background check is made, the individual has an operational need for the card.
Note: However, if the application does not include the information mentioned in paragraphs 6(1)(c) and (ca), further information must be given to the Secretary before the security identification card can be issued (see regulation 14A).
41 Subregulation 6(1A)
Omit “the holder of a security identification card must include the holder’s”, substitute “an individual who is an applicant for, or the holder of, a security identification card must include the individual’s”.
42 Subregulation 6(1B)
Omit “the holder of”, substitute “the applicant for, or the holder of,”.
43 Paragraph 9(1A)(b)
After “security identification card”, insert “applied for by the applicant or”.
44 Subregulation 9(1B)
After “security identification card”, insert “applied for by the applicant or”.
45 Paragraph 9(1C)(a)
Before “holder”, insert “applicant or”.
46 Paragraph 9(1C)(b)
After “security identification card”, insert “applied for by the applicant or”.
47 Subregulation 9(1D)
Omit “that the holder”, substitute “that the applicant for, or holder of, the security identification card”.
48 Paragraph 9(1D)(c)
Omit “if the holder holds an aviation security identification card that expires more than 12 months after the last day of the month in which the background check, undertaken when the person applied for the card, was completed—”.
49 After regulation 14
Insert:
14A Further information to be given to Secretary in relation to certain applicants for security identification cards
(1) This regulation applies if:
(a) an issuing body proposes to issue a security identification card to an individual; and
(b) when the issuing body applied for a background check in relation to the individual, the background check application did not include the information mentioned in paragraph 6(1)(c) or (ca).
(2) Before issuing the security identification card, the issuing body must give the Secretary:
(a) if the individual has an operational need because of his or her employment—the name and business address of the individual’s employer; or
(b) if the individual has an operational need because he or she is a student—the name and business address of the institution at which the individual is studying.
50 At the end of the Regulations
Add:
16 Application of amendments made by the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015
The amendments of these Regulations made by Part 3 of Schedule 1 to the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015 apply in relation to an application for a security identification card made on or after the commencement of that Part.
Note: Part 3 of Schedule 1 to the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015 commenced on 15 December 2015.
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