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TRANSPORT SECURITY LEGISLATION AMENDMENT (IDENTITY SECURITY) REGULATION 2016 (F2016L01656)

EXPLANATORY STATEMENT

Minute No. 8 of 2016 - Minister for Infrastructure and Transport

The Aviation Transport Security Act 2004 (the Aviation Act) establishes a regulatory framework to safeguard against unlawful interference with civil aviation in Australia.  The Aviation Act establishes minimum security requirements for civil aviation in Australia by imposing obligations on persons engaged in civil aviation-related activities. This includes providing for the establishment of various airside security zones and secure areas in the security controlled airports for the purpose of subjecting those zones and areas to additional security requirements.

Subsection 133(1) of the Aviation Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Aviation Act.

The Maritime Transport and Offshore Facilities Security Act 2003 (the Maritime Act) establishes a regulatory framework to safeguard against unlawful interference with maritime transport and offshore facilities.  To achieve this purpose, the Act establishes minimum security requirements for the Australian maritime industry by imposing obligations on persons engaged in maritime-related activities.

Subsection 209(1) of the Maritime Act provides that the Governor-General may make Regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Maritime Act.

The Aviation Transport Security Regulations 2005 (the Aviation Regulations) and the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Maritime Regulations) provide for additional security requirements and address matters such as controlling the movement of people and things; restricting access to zones and areas, including conditions of entry; and the issue and use of security passes and other identification systems.

In addition, the Aviation and the Maritime Regulations establish the regulatory framework for the aviation security identification card (ASIC) and the maritime security identification card (MSIC) schemes.

ASICs and MSICs are nationally consistent identification cards that show that the holder has met the minimum security requirements to remain unmonitored within an aviation or maritime security zone.  As a matter of practice ASICs and MSICs are required by airport and airline workers, security and screening officers, port, port facility and port service workers, stevedores, transport operators such as truck drivers, seafarers on Australian security regulated ships, and people who work on and/or supply offshore oil and gas facilities.

The ASICs and MSICs are issued by issuing bodies, which can include aviation and maritime industry participants, bodies representing participants, bodies representing employees of participants, and Commonwealth authorities or agencies.  While the ASIC and MSIC are not access cards, they allow the holder to remain, with lawful reason, unmonitored within an aviation security zone or area or maritime security zone respectively.

The purpose of the Transport Security Legislation Amendment (Identity Security) Regulation 2016 (the Regulation) is to amend the Aviation Regulations and the Maritime Regulations in response to the 2011 Australian National Audit Office report, Management of the Aviation and Maritime Security Identification Card Schemes (ANAO Report No. 39 2010-11).  The amendments:

*         insert a definition of 'directly involved in the issuing of an ASIC or an MSIC';

*         introduce a role-specific white ASIC and white MSIC;

*         introduce in-person identity verification for ASIC and MSIC applicants;

*         introduce new categories of identification documents required for ASIC and MSIC applicants;

*         introduce a requirement for ASIC programs and MSIC plans to include greater detail about an issuing body's processes and procedures;

*         harmonise change of name requirements for ASIC and MSIC applicants and holders;

*         introduce new requirements regarding retention of documents and records; and

*         improve the administration of the visitor identification card (VIC) scheme.

Consultation has occurred with the Attorney-General's Department, the Australian Security Intelligence Organisation, the Civil Aviation Safety Authority and the Department of Immigration and Border Protection.  Industry has been consulted since 2012 through road shows and a number of industry-government forums including Aviation Security Advisory Forums (ASAF), Regional Industry Consultative Meetings (RICM), Maritime Industry Security Consultative Forums (MISCF), Airport Security Committees (ASCs), Cargo Working Groups and Issuing Body Forums.  VIC issuers were consulted in two phases: January 2013 and June 2013.  The latest round of consultation was conducted in September 2016.  Industry has broadly supported the changes.

The Office of Best Practice Regulation (OBPR) has been consulted in relation to the amendments to the Aviation Regulations and the Maritime Regulations.  The OBPR has advised that a Regulatory Impact Statement is not required (OBPR IDs: 19574, 20200, 20338 and 20823).

A Statement of Compatibility with Human Rights is set out at Attachment A.

The Aviation and Maritime Acts do not specify any conditions that need to be satisfied before the power to make the Regulation may be exercised.

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Part 1 of Schedule 1 and Part 1 of Schedule 2 of the Regulation commence on 1 November 2016, and Part 2 of Schedule 1 and Part 2 of Schedule 2 commence on 1 August 2017.

Details of the Regulation are set out in the Attachment B.

Authority:

Subsection 133(1) of the

Aviation Transport Security Act 2004

Subsection 209(1) of the

Maritime Transport and Offshore Facilities Security Act 2003

ATTACHMENT A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Transport Security Legislation Amendment (Identity Security) Regulation 2016

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The Legislative Instrument amends the Aviation Transport Security Regulations 2005 (the Aviation Regulations) and the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Maritime Regulations) to:

*         insert a definition of 'directly involved in the issuing of an aviation security identification card (ASIC) or a maritime security identification card (MSIC)';

*         introduce a role-specific white ASIC and white MSIC;

*         introduce in-person identity verification for ASIC and MSIC applicants;

*         introduce new categories of identification documents required for ASIC and MSIC applicants;

*         introduce a requirement for ASIC programs and MSIC plans to include greater detail about an issuing body's processes and procedures;

*         harmonise change of name requirements for ASIC and MSIC applicants and holders;

*         introduce new requirements regarding retention of documents and records; and

*         improve the administration of the visitor identification card (VIC) scheme.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

DARREN CHESTER

Minister for Infrastructure and Regional Development

ATTACHMENT B

Details of the Transport Security Legislation Amendment (Identity Security) Regulation 2016

Section 1 - Name

This section provides that the name of the Regulation is the Transport Security Legislation Amendment (Identity Security) Regulation 2016.

Section 2 - Commencement

This section provides for the commencement of the Regulation.

Part 1 of Schedule 1 and Part 1 of Schedule 2 of the Regulation commence on 1 November 2016.  Part 2 of Schedule 1 and Part 2 of Schedule 2 of the Regulation commence on 1 August 2017.

Sections 1 to 4 and anything else in the Regulation not covered by the above paragraph commence the day after this instrument is registered.

This section also provides that information about the date of commencement may be inserted into column 3 of the commencement table at any time (but the information does not form a part of the instrument).

Section 3 - Authority

This section provides that the Transport Security Legislation Amendment (Identity Security) Regulation 2016 is made under the Aviation Transport Security Act 2004 and the Maritime Transport and Offshore Facilities Security Act 2003.

Section 4 - Schedules

This section provides that 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 - Aviation transport security

Part 1 - Amendments commencing 1 November 2016

Aviation Transport Security Regulations 2005

Item [1] - Regulation 1.03

Regulation 1.03 of the Aviation Regulations contains definitions.

Item 1 inserts definitions of the ABN (short for Australian Business Number), ACN (short for Australian Company Number), and ARBN (Australian Registered Body Number).  The insertion of these definitions is consequential to subregulation 6.06(4) at item 19.

Item 1 also inserts a definition of the white aviation security identification card (white ASIC).  The definition is required because the Regulation introduces a new category of role-specific ASICs that are white in colour.  For the design of a white ASIC please refer to item 49.

Item [2] - Subregulation 1.05(1) (definition of valid)

The Aviation Regulations provide for the issue of two types of ASICs - red and grey.  Red and grey (with some limitation to secure areas for grey) ASICs allow a holder to remain, with lawful reason, unmonitored within secure areas of security controlled airports.  Regulation 1.05 of the Aviation Regulations, amongst other things, defines the valid ASIC.  One of the elements of this definition is that a valid ASIC must be properly displayed within secure areas of the security controlled airports.

The Regulation introduces a role-specific white ASIC.  One of the distinctive features of the white ASIC from the red or grey ASICs is that the white ASIC could not be used to allow the holder to remain unmonitored within secure areas of the security controlled airports.  The white ASIC applies only to individuals in the following roles: identified staff and contractors of known consignors, and accredited or regulated air cargo agents (AACA or RACA); and individuals directly involved in the issue of ASICs or airport visitor identification cards (VIC).  There is no requirement to display a white ASIC, as the eligible individuals do not have a need to remain unmonitored within secure areas of the security controlled airports.

Item 2 amends the definition of a valid ASIC to apply only to a red ASIC or a grey ASIC, as a white ASIC is not valid for meeting the display requirement in a secure area of a security controlled airport.

Item [3] - Subregulation 1.05(2)

Subregulation 1.05(2) provides the meaning of the requirement in the Aviation Regulations for a person to display a valid ASIC when it is not expressly stated whether the ASIC must be red or grey.

Item 3 clarifies that a person cannot use a white ASIC to comply with a requirement to display a valid ASIC.  Item 3 also clarifies that a reference in other provisions of the Aviation Regulations to a person who is displaying a valid ASIC is subject to the rules in subregulation 1.05(2).  This amendment is consequential to item 2.

Item [4] - Subparagraph 3.05(c)(v)

Regulation 3.05 of the Aviation Regulations excepts crew of foreign and state aircraft from displaying an ASIC in a secure area of a security controlled airport if certain conditions are met.  Subparagraph 3.05(c)(v) provides that a person is excepted from displaying an ASIC, if a person is a member of a foreign defence force or service, wearing uniform, undergoing flight training, displaying appropriate identification and is supervised by the holder of an ASIC.

Item 4 amends subparagraph 3.05(c)(v) to clarify that the supervisor of such a person must be displaying a valid ASIC.  Item 4 makes it clear that the holder of a white ASIC is not able to supervise a person prescribed at subparagraph 3.05(c)(v), as a white ASIC holder could not remain unmonitored within secure areas of the security controlled airports.  This amendment is consequential to items 2 and 3.

Item [5] - Subregulation 3.07(2A)

Subregulation 3.07(2A) of the Aviation Regulations excepts a medical transport facilitator from displaying an ASIC in a secure area of a security controlled airport if they are supervised by an ASIC holder.

Item 5 amends subregulation 3.07(2A) to clarify that a medical transport facilitator is excepted from displaying an ASIC in a secure area of a security controlled airport if they are supervised by a person displaying a valid ASIC.  Item 5 makes it clear that the holder of a white ASIC is not able to supervise a medical transport facilitator, as a white ASIC holders could not remain unmonitored within secure areas of the security controlled airports.

This amendment is consequential to items 2 and 3.

Item [6] - Subregulation 3.07(2B)

Subregulation 3.07(2B) of the Aviation Regulations prescribes the conditions for proper supervision of a medical transport facilitator by an ASIC holder.

Item 6 clarifies that a medical transport facilitator needs to be supervised by the person who is displaying a valid ASIC.  Item 6 is consequential to items 2, 3 and 5.

Items [7] and [8] - Subregulations 3.09(2) and (4)

Regulation 3.09 of the Aviation Regulations provides that a person who is properly displaying a VIC or a temporary aircrew card (TAC) is excepted from displaying an ASIC in a secure area of a security controlled airport if they are supervised by an ASIC holder.

Items 7 and 8 clarify that a holder of a white ASIC is not able to supervise a person who is properly displaying a VIC or a TAC in a secure area of a security controlled airport, as a white ASIC holder could not remain unmonitored within secure areas of the security controlled airports.  This amendment is consequential to items 2 and 3.

Item [9] - Regulation 3.10 (heading)

Amendment to the heading of regulation 3.10 of the Aviation Regulations is consequential to the introduction of a white ASIC, and in particular, that a white ASIC does not allow a holder to remain unmonitored within secure areas of the security controlled airports.

Item [10] - Subregulation 3.10(1)

Subregulation 3.10(1) of the Aviation Regulations provides that it is an offence for a person to intentionally use another type of a card to be in a secure area, if the person knows or believes the card is not a valid ASIC, VIC or TAC.

Item 10 clarifies that a valid ASIC mentioned in subregulation 3.10(1) only applies to a red ASIC or a grey ASIC, but excludes a white ASIC.  This amendment is consequential to items 2 and 3.

Item [11] - Regulation 3.11

Regulation 3.11 of the Aviation Regulations provides that it is an offence for the holder of an ASIC, a VIC or a TAC to enter and stay in a secure area of a security controlled airport without a lawful purpose.

Item 11 clarifies that this offence is applicable only to the holders of a valid red or grey ASIC, as a white ASIC holder could not remain unmonitored in a secure area of a security controlled airport even with a lawful purpose.

Item [12] - Subregulation 6.01(1) (definition of ASIC program)

Regulation 6.01 contains definitions to Part 6 of the Aviation Regulations.  Item 12 clarifies a definition of an 'ASIC program'.

Item [13] - Subregulation 6.01(1)

Regulation 6.01 contains definitions to Part 6.  Regulation 6.17 of the Aviation Regulations provides that an issuing body must not allow a person to be directly involved in the issue of an ASIC unless a person is eligible for the issue of an ASIC.

Item 13 inserts a definition of 'directly involved in the issue of ASICs' and clarifies what activities of the staff and contractors of issuing bodies constitute direct involvement in the issue of an ASIC.  Item 13 is consequential to items 26, 27 and 42.  See item 97 (subclauses 10.18(6) and (7) for the transitional provisions).

Item [14] - Subregulation 6.01(1) (after paragraph (b) of the definition of operational need)

Regulation 6.28 provides that an issuing body may issue an ASIC to a person only if certain conditions are met.  One of these conditions is a requirement to have an operational need for an ASIC.  Regulation 6.01 defines an 'operational need' for frequent access to all or part of a secure area of a security controlled airport.

The Regulation introduces a role-specific white ASIC.  One of the reasons for the introduction of a white ASIC is linked to the 1 July 2017 requirement that United States (US)-bound cargo must either originate from a known consignor or be examined at piece level.  Known consignors are a new category of industry participants directly regulated by the Department of Infrastructure and Regional Development (the Department) who secure US-bound air cargo at their facility.  To be accredited by the Department, known consignors need to implement approved security measures at the facility, including an ASIC background check for individuals in certain nominated roles.

The white ASIC applies only to individuals in the following roles: identified staff and contractors of known consignors, and accredited or regulated air cargo agents; and individuals directly involved in the issue of ASICs or VICs.

Item 14 broadens the definition of 'operational need' to prescribe what is considered as an operational need for each type of white ASIC applicants.

Paragraph 6.01(1)(c) provides that for staff and contractors of an issuing body the operational need means a requirement to be directly involved in the issue of ASICs for that issuing body (please see item 13 for the definition of 'directly involved in the issue of ASICs').

Paragraph 6.01(1)(d) provides that for staff and contractors of a VIC issuer the operational need means a requirement to be directly involved in the issue of VICs (please also refer to item 56).

Paragraph 6.01(1)(e) provides that for staff and contractors of a known consignor, or a person who has applied for approval as a known consignor, the operational need means a requirement to be employed by a known consignor, or by a person who has applied for approval as a known consignor.

The inclusion of a person, who has applied for approval as a known consignor in the definition of an operational need, allows staff and contractors to apply for a white ASIC while a company is seeking approval as a known consignor.  This helps companies that have applied for approval as a known consignor to be able to meet the 1 July 2017 deadline.

Paragraph 6.01(1)(f) provides that for staff and contractors of a RACA, or a person who has applied for designation as a RACA, the operational need means a requirement to be employed by a RACA, or by a person who has applied for designation as a RACA.

Paragraph 6.01(1)(g) provides that for staff and contractors of an AACA, or a person who has applied for accreditation as an AACA, the operational need means a requirement to be employed by an AACA, or by a person who has applied for accreditation as an AACA.

Paragraph 6.01(1)(h) provides that a person will have an 'operational need to hold a white ASIC' if the person is an employee of a Commonwealth agency who is required to be directly involved in making decisions relating to issuing of ASICs.  For example, paragraph 6.01(1)(h) requires employees of the Department, that are involved in processing applications and making decisions relating to issuing of ASICs under regulations 6.28 or 6.29, to hold a valid white ASIC.

The applicants for the role-specific white ASIC need to provide a proof of an operational need for a white ASIC to the issuing body.  A proof of an operational need should be in a form of a letter from the employer of an applicant for the role-specific white ASIC.

Item [15] - Subregulation 6.01(1) (definition of program purposes)

Item 15 repeals definition of program purposes.  Item 15 is consequential to item 19.

Item [16] - At the end of subregulation 6.03(1)

Subregulation 6.03(1) of the Aviation Regulations currently prescribes two kinds of ASICs: red and grey.

Item 16 includes a white ASIC to be included as a kind of ASIC.

Item [17] - Subregulations 6.03(3) and (4)

Subregulation 6.03(2) of the Aviation Regulations currently prescribes two location types of ASICs: Australia-wide and airport-specific.  Subregulations 6.03(3) and (4) prescribe the purposes for which Australia-wide and airport-specific ASICs may be used.

Item 17 clarifies that there are no airport-specific white ASICs, as a white ASIC holder does not have a right to be unmonitored in a secure area of a security controlled airport.  White ASICs can only be Australia-wide.

Item [18] - At the end of regulation 6.03

Item 18 provides that a white ASIC must be only a permanent ASIC.

Item 18 also provides that a red or grey ASIC could be used to perform role-specific activities of individuals eligible for a white ASIC.  For example, if a staff member of an issuing body directly involved in the issue of an ASIC has an operational need for a red ASIC (require frequent access to all or part of a secure area of a security controlled airport), they are able to perform their role with the valid red ASIC.

Item 18 is also consequential to item 14.

Item [19] - Regulation 6.06

Regulation 6.06 of the Aviation Regulations prescribes requirements to procedures for ASIC programs.

Item 19 repeals regulation 6.06 and substitutes it with new regulation 6.06 that details the procedures that must be included in the ASIC program.  The procedures and other requirements to the ASIC program address risks arising from the administrative practices of issuing bodies, in particular in the issuing and manufacturing of ASICs.

These changes in item 19 are in response to the 2011 Australian National Audit Office report, Management of the Aviation and Maritime Security Identification Card Schemes (ANAO Report No. 39 2010-11).  The Department is providing detailed guidance material on new procedures and other requirements to the ASIC program to the issuing bodies.

New subregulation 6.06(5) introduces an offence of strict liability for issuing bodies if they fail to report to the Secretary of the Department a change of details prescribed by new subregulation 6.06(4).  It is important for the Secretary of the Department as a regulator to have these details up to date for various reasons, ranging from the ability of the Secretary of the Department to urgently communicate that an ASIC holder constitutes a threat to aviation security, to the legislative complications that change in a corporate structure of an issuing body may cause.

Item 19 is consequential to items 1, 12, 15, and 21.

Item [20] - Paragraph 6.07(9)(b)

Item 20 is consequential to items 15 and 19.

Item [21] - Subregulations 6.09(1) and (2)

Regulation 6.09 of the Aviation Regulations prescribes the circumstances when the Secretary may give direction to vary an ASIC program.

Item 21 is consequential to items 15 and 19.

Item [22] - Subregulation 6.10(5)

Regulation 6.10 of the Aviation Regulations prescribes the circumstances when an issuing body may vary an ASIC program.

Item 22 is consequential to items 15 and 19.

Item [23] - Regulation 6.11

Item 23 repeals redundant regulation 6.11 of the Aviation Regulations.

Item [24] - Paragraph 6.16(4)(a)

Item 24 is consequential to items 15 and 19.

Item [25] - Paragraph 6.16(5)(d)

Item 25 is consequential to items 15 and 19.

Item [26] - Subregulations 6.17(1) and (2)

Subregulations 6.17(1) and (2) of the Aviation Regulations provide that an issuing body must not allow a person to be directly involved in the issue of an ASIC unless a person is eligible for the issue of an ASIC.  Currently, not all staff of issuing bodies that are directly involved in the issue of an ASIC are eligible to hold an ASIC as they have no operational need to remain unmonitored within secure areas of the security controlled airports.  Given that such staff do not hold a physical card it can be difficult to confirm that such individuals hold a valid background check.

Item 26 makes it a requirement for a person directly involved in the issue of an ASIC to hold a valid ASIC.  The staff and contractors of issuing bodies can apply for a white ASIC if they do not have an operational need for a red or grey ASIC.  Please refer to amendments in items 13, 14 and 56.  For the transitional provisions please see item 97 (subclause 10.18(7)).

Item [27] - Subregulation 6.17(3)

Subregulation 6.17(3) of the Aviation Regulations prescribes the circumstances when the Secretary of the Department may approve the involvement of a person in the issue of ASICs if a security assessment of the person is qualified.  Subregulation 6.31 of the Aviation Regulations prescribes the circumstances for consideration by the Secretary of the Department when the security assessment for an applicant for an ASIC is qualified.

Item 27 repeals subregulation 6.17(3) as a redundant provision.  If staff or contractors of issuing bodies, as a result of an application for an ASIC, receive a qualified security assessment, the Secretary of the Department can consider it under regulation 6.31 of the Aviation Regulations.

Item [28] - Paragraph 6.19(1)(a)

Item 28 is consequential to items 15, 19 and 29.

Item [29] - Paragraph 6.19(2)(e)

Item 29 is consequential to items 15, 19 and 28.

Item [30] - Paragraph 6.23(2)(e)

Regulation 6.23 of the Aviation Regulations requires an issuing body to keep a register of ASICs.

Item 30 clarifies that the requirement to keep a register of ASICs is extended to the white ASICs.  This amendment is consequential to items 1 and 16.

Item [31] - Subparagraph 6.23(2)(k)(ii)

Subparagraph 6.23(2)(k)(ii) of the Aviation Regulations requires an ASIC register to contain details on the suspended ASICs, including the date the holder returned the ASIC to the issuing body.

Item 31 clarifies that this requirement is only applicable for a red ASIC or a grey ASIC.  Subparagraph 6.23(2)(k)(ii) is not applicable to a white ASIC, as there is no requirement for the holder of a white ASIC to return the suspended ASIC to the issuing body.  As a white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport, there is no requirement in any circumstances (cancellation, expiration etc.) to return the white ASIC to the issuing body.

Item [32] - Subregulation 6.24(2)

Regulation 6.24 of the Aviation Regulations specifies requirements for the retention of records by issuing bodies, including types of records and for how long they should be kept.

Item 32 specifies the types of records and documents related to an ASIC application that an issuing body needs to retain.  Item 32 makes it a requirement for issuing bodies to retain these records and documents for at least 3 years after the completion of the background check on the ASIC applicant, or, if no card was issued, for 3 years since the application for an ASIC was made.

Item [33] - Subregulation 6.24(3)

Subregulation 6.24(3) of the Aviation Regulations requires an issuing body to retain records in a way they can be conveniently audited.

Item 33 clarifies that an issuing body is required to keep records and documents in a way they could be conveniently audited.  This amendment is consequential to item 32.

Item [34] - Subregulation 6.24(4)

Subregulation 6.24(4) of the Aviation Regulations requires issuing bodies to hold records at its office.

Item 34 removes this requirement.  As a result, issuing bodies could keep the documents and records in a secure manner according to their business preference (e.g. iCloud storage).  This amendment is consequential to items 32 and 33.

Item [35] - Subregulation 6.24(5)

Subregulation 6.24(5) of the Aviation Regulations requires issuing bodies to allow an aviation security inspector to inspect records they hold on request during normal business hours.

Item 35 clarifies that this requirement applies to documents as well as records.  This amendment is consequential to items 32 and 33.

Item [36] - Paragraph 6.25(b)

Paragraph 6.25(b) of the Aviation Regulations requires issuing bodies to annually report to the Secretary, in particular about the number of ASICs that have expired or been cancelled but have not been returned to the issuing body.

The amendment to paragraph 6.25(b) clarifies that the reporting requirement on ASICs that have not been returned to the issuing body applies only to red and grey ASICs.  Paragraph 6.25(b) is not applicable to a white ASIC, as there is no requirement for the holder of a white ASIC to return the expired or cancelled ASIC to the issuing body.  As a white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport, there is no requirement in any circumstances (suspension, cancellation, expiration etc.) to return the white ASIC to the issuing body.

Item [37] - Sub-subparagraph 6.25A(2)(i)(iii)(B)

Item 37 repeals redundant sub-subparagraph 6.25A(2)(i)(iii)(B) of the Aviation Regulations.

Item [38] - Subregulation 6.25A(3)

Regulation 6.25A of the Aviation Regulations requires a VIC issuer to keep a register of VICs.  Subregulation 6.25A(3) excludes residential addresses of VIC holders, who are law enforcement officers, officers or employees of ASIO or an Australian Public Service employee from being kept in a VIC register.

The amendment to subregulation 6.25A(3) provides that residential addresses of members of the Parliament of the Commonwealth, or a State, or a member of the legislature of a Territory are also not required to be kept in a VIC register.  Please also refer to items 61 and 84.

Item [39] - Subregulation 6.26A(2)

Regulation 6.26A contains definitions for Division 6.5 of the Aviation Regulations.  Subregulation 6.26A(2) provides a meaning of 'a person being supervised by the ASIC holder'.

The amendment to subregulation 6.26A(2) clarifies that the definition is only applicable to the ASIC holder who is properly displaying a valid ASIC.  As a white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport, the holder of a white ASIC is not able to supervise a person within the secure area.  Item 39 is consequential to items 2 and 3.

Item [40] - Subregulation 6.27(5)

Subregulation 6.27(5) of the Aviation Regulations prohibits an issuing body to issue an Australia-wide ASIC unless the ASIC holder has an operational need to access more than one airport.

The amendment to subregulation 6.27(5) clarifies that this prohibition does not apply to a white ASIC.  As a white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport, there are no airport-specific white ASICs.  Item 40 is consequential to item 51.

Item [41] - Paragraph 6.27AA(1)(b)

Paragraph 6.27AA(1)(a) of the Aviation Regulations allows an issuing body to apply to the Secretary of the Attorney-General's Department (AGD) for a background check on an applicant for an ASIC.  Paragraph 6.27AA(1)(b) of the Aviation Regulations allows an issuing body to apply to the Secretary AGD for a background check on a person employed by the issuing body to issue an ASIC.

Item 41 repeals paragraph 6.27AA(1)(b).  The issuing body can apply to the Secretary AGD for a background check on a person employed by the issuing body to issue an ASIC using paragraph 6.27AA(1)(a).  Item 41 is consequential to items 14, 26 and 27.

Item [42] - Subregulation 6.27AA(2)

Subregulation 6.27AA(2) of the Aviation Regulations allows an issuing body to apply to the Secretary AGD for a background check on a person employed by the issuing body to issue ASICs before the person begins to issue ASICs, and every 2 years afterwards.

Item 42 repeals subregulation 6.27AA(2), as issuing bodies can apply to the Secretary AGD for a background check on a person employed by the issuing body to issue an ASIC using paragraph 6.27AA(1)(a).  Item 42 is consequential to items 14, 26, 27, and 41.

Item [43] - Subregulation 6.28(1)

Subregulation 6.28(1) of the Aviation Regulations allows an issuing body to issue an ASIC to a person subject to the conditions mentioned in subregulations 6.28(3), (4), (4A), (4D), 4(H), regulations 6.29 and 6.31.

The amendment to subregulation 6.28(1) also includes a reference to regulation 6.35 that deals with issue of replacement ASICs.  Item 43 is consequential to item 51.

Item [44] - Subparagraph 6.28(1)(e)(ii)

The amendment to subparagraph 6.28(1)(e)(ii) repeals the reference to 'safety' and substitute it with the reference to 'security'.  Item 44 corrects the error in subparagraph 6.28(1)(e)(ii).

Item [45] - Paragraph 6.28(4A)(b)

Paragraph 6.28(4A)(b) of the Aviation Regulations allows an issuing body to issue an ASIC to a person if the person had returned the cancelled ASIC to the issuing body that issued the ASIC or, if the cancelled ASIC was lost, stolen or destroyed the conditions of regulation 6.46 has been met.

The amendment to paragraph 6.28(4A)(b) clarifies that it applies only to the cancelled red or grey ASICs, as there is no requirement for the holder of a white ASIC to return the cancelled ASIC to the issuing body.  As a white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport, there is no requirement in any circumstances (suspension, cancellation, expiration etc.) to return the white ASIC to the issuing body.  Item 45 is consequential to item 51.

Item [46] - Paragraph 6.28(4D)(b)

Paragraph 6.28(4D)(b) of the Aviation Regulations allows an issuing body, on certain conditions, to issue an ASIC to a person if the person held an ASIC that has expired.  One of the conditions to be met is specified in regulation 6.45 (that deals with returns of ASICs that have expired) and regulation 6.46 (notification of lost, stolen and destroyed ASICs).

The amendment to paragraph 6.28(4D)(b) clarifies that it applies only to the expired red or grey ASICs, as there is no requirement for the holder of a white ASIC to return the expired ASIC to the issuing body.  Item 46 is consequential to items 51 and 88.

Item [47] - Regulation 6.29 (heading)

Amendment to the heading of regulation 6.29 of the Aviation Regulations clarifies it to better reflect the operation of regulation 6.29.

Item [48] - Regulation 6.29A

Regulation 6.29A of the Aviation Regulations requires an issuing body to use the AusCheck facility when issuing an ASIC under regulations 6.28 or 6.29.

The amendment to regulation 6.29A clarifies that an issuing body is required to use the AusCheck facility when issuing an ASIC under regulation 6.35 that provides for the issue of replacement ASICs.  Item 48 is consequential to item 51.

Item [49] - After subregulation 6.33(3)

Regulation 6.33 of the Aviation Regulations prescribes the forms of ASICs.

The Regulation introduces a new category of ASICs - a role-specific white ASIC.  The amendment inserts a subregulation 6.33(3A) that prescribes the form of a white ASIC.  Item 49 is consequential to item 1.

Item [50] - Paragraph 6.33(4)(a)

Subregulation 6.33(4) of the Aviation Regulations prescribes the requirements for ASICs to comply with.

The amendment to paragraph 6.33(4)(a) clarifies that white ASICs also need to comply with the requirements specified in subregulation 6.33(4).

Item [51] - Regulation 6.35

The replacement ASIC could be issued in the following circumstances:

*         when the old ASIC has been lost or destroyed;

*         when the old ASIC has been stolen;

*         when the ASIC holder changed his or her name;

*         when the ASIC holder wishes to change the ASIC to a different type, if the holder has an operational need for the different type ASIC.  For example, if a holder of a white ASIC working for an issuing body changes the job and now has a need to remain unmonitored in a secure area of a security controlled airport, the holder may apply to the issuing body for the replacement ASIC.  Subject to the operational need for the replacement ASIC, and other criteria and conditions met, the issuing body can issue a red or grey ASIC to the person.

Subregulation 6.35(1) also prescribes what types of documents the person applying for the replacement ASIC needs to provide.

If the old ASIC has been lost or destroyed, the holder will need to give an issuing body a statutory declaration setting out the circumstances of the loss or destruction (please also refer to items 45, 48, 76, 77, 78 and 91).

If the old ASIC has been stolen, the holder will need to give an issuing body a copy of a police report, or other information issued by the police, regarding the theft (please also refer to items 45, 48, 76, 77, 78 and 91).

If the holder's name changed, the holder will need to notify their issuing body in writing of the change of name within 30 days after the change.  The notification will need to be 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 (e.g. change of name certificate, marriage certificate etc.) (please refer to items 45, 48, 71, 76, 77, 78 and 91).  If the holder's operational need has changed, the holder will need to provide an issuing body with the letter from employer confirming different operational need.

Paragraph 6.35(1)(d) provides that a person applying to an issuing body for the replacement ASIC will need to give an issuing body a statutory declaration stating that since the person's last background check was completed, the person has not been convicted of an aviation-security-relevant offence.  Please note that if multiple statutory declarations are required to satisfy various criteria for the replacement ASIC, a person can provide a single statutory declaration to an issuing body stating all circumstances that need to be addressed to be issued with the replacement ASIC.

Item [52] - Before subregulation 6.36(1)

Regulation 6.36 of the Aviation Regulations provides for the issue of temporary ASICs.

Item 52 clarifies that regulation 6.36 does not apply to white ASICs, as there are no temporary white ASICs.  Item 52 is consequential to item 1.

Item [53] - Subparagraph 6.37B(1)(a)(i)

Regulation 6.37B of the Aviation Regulations provides for the issue of TACs.  Subparagraph 6.37B(1)(a)(i) provides that an aircraft operator that conducts regular public transport operations may issue a temporary aircrew card to a person if the person is an ASIC holder who does not have the ASIC with them.

The amendment to subparagraph 6.37B(1)(a)(i) clarifies that a TAC could not be issued to the holder of a white ASIC, as a white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport.  Only holders of the valid red or grey ASICs are eligible for a TAC.  Item 53 is consequential to item 1.

Item [54] - Subparagraph 6.37B(1)(a)(ii)

Regulation 6.37B of the Aviation Regulations provides for the issue of TACs.  Subparagraph 6.37B(1)(a)(ii) provides that an aircraft operator that conducts regular public transport operations may issue a TAC to a person if the person has applied to an issuing body for an ASIC.

The amendment to subparagraph 6.37B(1)(a)(ii) clarifies that a TAC could not be issued to the person who has applied for a white ASIC, as a white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport.  Only persons who have applied to an issuing body for a red or grey ASIC will be eligible for a TAC.  Item 54 is consequential to items 1 and 53.

Item [55] - Subregulation 6.37B(3)

Regulation 6.37B of the Aviation Regulations provides for the issue of TACs.  Subregulation 6.37B(3) prohibits an aircraft operator from issuing a TAC for longer than seven days.

The amendment to subregulation 6.37B(3) allows an aircraft operator to issue a TAC for a period of 15 days.  This amendment makes the Aviation Regulations consistent with industry operational requirements.  Currently the limit of seven days does not cover the maximum length of duty for international aircrew.  Given that TAC holders are red or grey ASIC holders who have forgotten or lost their ASIC, and must continuously be escorted by another ASIC holder, this amendment does not affect security, and improves crew facilitation for airlines.

Item [56] - After regulation 6.37G

Regulation 6.37H makes it a requirement for a person directly involved in the issue of a VIC to hold a valid ASIC.  The staff and contractors of VIC issuers can apply for a white ASIC if they do not have an operational need for the red or grey ASIC.  Please refer to the amendments in item 14 (definition of an operational need).  For the transitional provisions please see item 97 (subclause 10.18(7)).

Item [57] - Subregulation 6.38A(2)

Regulation 6.38A(2) requires an ASIC holder who needs a VIC to give a written statement of reasons for entry to a secure area of a security controlled airport.

The amendment to subregulation 6.38A(2) provides that this requirement applies only to the holders of grey or red ASICs.  A white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport.

Item [58] - Paragraph 6.38A(4)(a)

Subregulation 6.38A(4) provides that a person commits an offence if an ASIC holder knowingly gives a VIC issuer a written confirmation of the reasons for entry to a secure area of the security controlled airport which is false or misleading.

The amendment to item 58 clarifies that this offence is only applicable to the holders of a valid grey or red ASIC.  A white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport.  Item 58 is consequential to item 57.

Item [59] - Paragraph 6.38C(2)(a)

Regulation 6.38C of the Aviation Regulations prescribes types of identification documents that must be produced by a person applying for a VIC to the VIC issuer.

The amendment to paragraph 6.38C(2)(a) introduces proof of age cards as an acceptable form of identification document for the purpose of issuing a VIC.  A proof of age card needs to be issued by an Australian State or Territory Government.

Item [60] - Paragraph 6.38E(5)(b)

The amendment to item 60 repeals paragraph 6.38E(5)(b) as this provision is spent.

Item [61] - After subregulation 6.38EA(4)

Subregulation 6.38EA(4) of the Aviation Regulations requires a VIC issuer to provide particular data to the airport operator, including the name, date of birth and address of the person to whom the VIC was issued.

Item 61 provides that certain residential addresses are exempted from this requirement.  In particular, residential addresses of VIC holders, who are law enforcement officers, officers or employees of ASIO or Australian Public Service employees, and members of the Parliament of the Commonwealth, or a State, or a member of the legislature of a Territory are excluded. 

The amendment to item 61 is consequential to items 38 and 84.

Item [62] - Subregulation 6.38EA(5)

Subregulation 6.38EA(5) of the Aviation Regulations currently requires VIC issuers to comply with the Information Privacy Principles set out in section 14 of the Privacy Act 1988.  The reference is out of date, as it does not reflect amendments that introduced the Australian Privacy Principles.

The amendment to subregulation 6.38EA(5) updates the reference and ensures VIC issuers' compliance with the new Australian Privacy Principles.

Item [63] - Subregulation 6.38EA(6)

The amendment to item 63 repeals subregulation 6.38EA(6) as this provision is spent.

Item [64] - Subparagraph 6.38H(1)(a)(i)

Subparagraph 6.38H(1)(a)(i) of the Aviation Regulations allows a VIC issuer to issue a VIC to a person who has held, or will hold, a VIC for the airport for a total of 28 or more days in a 12-month period, if the person is an ASIC holder and does not have the ASIC with them.

The amendment to item 64 clarifies that this provision applies only to the holders of a valid grey or red ASIC.  A white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport.

Item [65] - Subparagraph 6.38H(1)(a)(ii)

Subparagraph 6.38H(1)(a)(i) of the Aviation Regulations allows a VIC issuer to issue a VIC to a person who has held, or will hold, a VIC for the airport for a total of 28 or more days in a 12-month period, if the VIC issuer independently confirms that the person holds a valid ASIC.

The amendment to item 65 clarifies that this provision applies only to the holders of a valid grey or red ASIC.  A white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport.

Item [66] - Subparagraph 6.38H(1)(b)(i)

Subparagraph 6.38H(1)(a)(i) of the Aviation Regulations allows a VIC issuer to issue a VIC to a person who has held, or will hold, a VIC for the airport for a total of 28 or more days in a 12-month period, if the person is an ASIC holder and has the ASIC on them and the ASIC is for a different airport.

The amendment to item 66 clarifies that this provision applies only to the holders of a valid grey or red ASIC.  A white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport.

Item [67] - Subdivision 6.5.3.A of Division 6.5 of Part 6 (heading)

The amendment to the heading to Subdivision 6.5.3.A of Division 6.5 of Part 6 of the Aviation Regulations is consequential to items 68 to 72.

Item [68] - Subregulation 6.40(1)

The amendment to example 2 in subregulation 6.40(1) of the Aviation Regulations clarifies that example 2 applies only to a person who is displaying a valid ASIC.  This amendment is required because of the introduction of a white ASIC, that does not allow a holder to remain unmonitored in a secure area of a security controlled airport.  Item 68 is consequential to item 1.

Item [69] - Subregulation 6.40(5)

Subregulation 6.40(5) of the Aviation Regulations currently requires VIC issuers to comply with the Information Privacy Principles set out in section 14 of the Privacy Act 1988.  The reference is out of date, as it does not reflect amendments that introduced the Australian Privacy Principles.

The amendment to subregulation 6.40(5) updates the reference and ensures VIC issuers' compliance with the new Australian Privacy Principles.  Item 69 is consequential to item 62.

Item [70] - After regulation 6.40

New regulation 6.40A states that a VIC holder commits an offence, if a VIC holder has an application for an ASIC refused, and the VIC holder does not inform the VIC issuer that issued a VIC in writing of the ASIC refusal within 7 working days after becoming aware of the refusal.  New regulation 6.40A has a maximum penalty of 50 penalty units.  Please also refer to amendments in item 80.

Item [71] - Subregulation 6.42(2)

Regulation 6.42 of the Aviation Regulations prescribes obligations for ASIC applicants and holders when they change their name.

New subregulation 6.42(2) clarifies that all ASIC applicants and holders will need to notify their issuing body in writing of the change of name within 30 days after the change.  The notification needs to be 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 (e.g. change of name certificate, marriage certificate etc.).  Please also refer to the amendments in item 51.

Item [72] - Subregulation 6.42(4)

Subregulation 6.42(4) of the Aviation Regulations requires an issuing body to notify the Australian Federal Police (AFP) and the Australian Security Intelligence Organisation (ASIO) of the reported change of name within 7 days.

The amendment to subregulation 6.42(4) provides that an issuing body only needs to update the AusCheck facility with the changed name.  The requirement to notify the AFP or ASIO has been removed due to operational impracticality.

Item [73] - Paragraph 6.42A(2)(c)

Regulation 6.42A of the Aviation Regulations provides for the circumstances when an ASIC may be suspended by the Secretary's direction.  Paragraph 6.42A(2)(c) provides that one of the circumstances that the Secretary of the Department may consider is the location of the secure area where the holder is employed.

The amendment to paragraph 6.42A(2)(c) is consequential to the introduction of a white ASIC.  One of the distinctive features of a white ASIC from the red or grey ASICs is that the white ASIC does not allow the holder to remain unmonitored within secure areas of security controlled airports.  The white ASICs only apply to individuals in the following roles: identified staff and contractors of known consignors, and AACAs and RACAs; and individuals directly involved in the issue of ASICs or VICs.  This amendment in item 73 enables the Secretary to consider the area where the holder of an ASIC is employed without limiting it to the secure areas.

Item [74] - Subregulation 6.42B(4)

Subregulation 6.42B(4) of the Aviation Regulations provides that the holder of an ASIC must return the ASIC to the issuing body no later than 7 days after receiving notification of a suspension of the ASIC.

This amendment to subregulation 6.42B(4) clarifies that this provision applies only to the holders of a valid grey or red ASIC.  There is no requirement for the holder of a white ASIC to return the suspended ASIC to the issuing body.

Item [75] - Paragraph 6.43(2)(e)

Subregulation 6.43(2) of the Aviation Regulations provides for scenarios when an issuing body must cancel an ASIC.  Paragraph 6.43(2)(e) requires an issuing body to cancel an ASIC when the holder no longer has an operational need to enter a secure area.

This amendment to paragraph 6.43(2)(e) clarifies that this provision applies only to the holders of a valid grey or red ASIC.  A white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport.

Item [76] - At the end of subregulation 6.43(2)

Subregulation 6.43(2) of the Aviation Regulations provides for scenarios when an issuing body must cancel an ASIC.

Item 76 provides for additional scenarios when an issuing body needs to cancel an ASIC.  New paragraph 6.43(2)(f) provides that an issuing body will need to cancel an ASIC if the issuing body finds out that the ASIC has been lost, stolen or destroyed.  The amendment to paragraph 6.43(2)(f) is consequential to items 51, 90 and 91.

New paragraph 6.43(2)(g) provides that an issuing body needs to cancel an ASIC if the issuing body issues a replacement ASIC under regulation 6.35.  This amendment to paragraph 6.43(2)(g) is consequential to items 51 and 71.

New paragraph 6.43(2)(h) provides that an issuing body needs to cancel an ASIC if 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.

Item [77] - Subregulation 6.43(7)

This amendment to subregulation 6.43(7) of the Aviation Regulations is consequential to items 75 and 76.

Item [78] - At the end of regulation 6.43

New subregulation 6.43(8) provides that if an ASIC has been lost, stolen or destroyed, the cancellation of an ASIC takes effect when an issuing body is notified by the holder of an ASIC.

New subregulation 6.43(9) provides that if an issuing body issues a replacement ASIC under regulation 6.35, the issuing body needs to cancel an ASIC, and the cancellation of the ASIC takes effect when the replacement ASIC is issued.  Item 78 is consequential to items 75, 76 and 77.

Item [79] - Paragraph 6.43F(3)(a)

Subregulation 6.43F(3) of the Aviation Regulations provides that an issuer must cancel a VIC or a TAC if the holder of the VIC or the TAC also holds an ASIC, and the issuer finds out that the Secretary has directed the issuing body that issued the ASIC to suspend the ASIC under subregulation 6.42A.

This amendment to paragraph 6.43F(3)(a) clarifies that this provision applies only to the holders of a grey or a red ASIC.  A white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport, thus subregulation 6.43F(3) does not apply to them.

Item [80] - After subregulation 6.43F(3)

Subregulations 6.43F(3A) and (3B) provide an obligation for a VIC issuer to immediately cancel a VIC, if the holder of the VIC has been refused an ASIC at any time.  However, if a decision not to issue an ASIC was set aside, the rule does not apply, and the person is eligible to hold a VIC.  Please also refer to amendment in item 70.

Item [81] - Subregulation 6.43F(4)

The amendment to subregulation 6.43F(4) of the Aviation Regulations is consequential to the item 80.

Item [82] - Paragraph 6.44(1)(b)

Regulation 6.44 of the Aviation Regulations prescribes reporting requirements for the cancelled ASICs, VICs and TACs in certain circumstances.

The amendment to paragraph 6.44(1)(b) of the Aviation Regulations is consequential to the items 80 and 83.

Item [83] – After paragraph 6.44(1)(b)

New paragraph 6.44(1)(c) provides that if a VIC issuer cancels a VIC under new subregulation 6.43F(3A), the issuer is required, within 7 days of the cancellation, to give the Secretary of the Department a written report that contains the holder's name, address, date of birth and the reason for cancellation.  Please also refer to items 70, 80, 81 and 82.

Item [84] - After subregulation 6.44(1)

Regulation 6.44 of the Aviation Regulations prescribes reporting requirements for the cancelled ASICs, VICs and TACs in certain circumstances.  Subregulation 6.44(1) provides for different circumstances; when the issuer is required, within 7 days of the cancellation, to give a Secretary of the Department a written report that must, amongst other details, contain the holder's residential address.

New subregulation 6.44(1A) clarifies the circumstances when the residential address should not be provided.  Please also refer to items 38 and 61.

Item [85] - Regulation 6.44A (heading)

The amendment to the heading of regulation 6.44A clarifies it to better reflect the operation of regulation 6.44A.

Item [86] - Regulation 6.44A

Regulation 6.44A of the Aviation Regulations provides that if an ASIC is suspended or cancelled by an issuing body that is not an airport operator of the airport where the ASIC was valid, the Secretary may notify the airport operator, or the employee of the former ASIC holder, of the suspension or cancellation.

The amendment to regulation 6.44A clarifies that this provision applies only to the holders of a valid grey or red ASIC.  A white ASIC does not allow a holder to remain unmonitored in a secure area of a security controlled airport.  Please also refer to item 87.

Item [87] - At the end of regulation 6.44A

New subregulation 6.44A(2) provides the Secretary with the power to notify the employer of the former ASIC holder of the suspension or cancellation of an ASIC.  New subregulation 6.44A(2) applies to all types of ASICs.

Item [88] - Regulation 6.45 (heading)

The amendment to the heading of regulation 6.45 clarifies that it applies only to the holders of red or grey ASICs.  There is no requirement for the holder of a white ASIC to return the ASIC (expired, cancelled or damaged etc.) to the issuing body.  Item 88 is consequential to item 89.

Item [89] - Paragraph 6.45(1)(a)

Regulation 6.45 of the Aviation Regulations provides that an ASIC holder commits an offence if the holder does not return an ASIC to the issuing body within 1 month after the card has been expired, cancelled or damaged.

The amendment to paragraph 6.45(1)(a) clarifies that it applies only to red or grey ASICs, as there is no requirement for the holder of a white ASIC to return the ASIC (expired, cancelled or damaged etc.) to the issuing body.

Item [90] - Paragraph 6.46(1)(a)

Regulation 6.46 of the Aviation Regulations provides that an ASIC holder commits an offence if the ASIC holder does not notify the issuing body if the ASIC was lost, stolen or destroyed within 7 days of becoming aware of the loss, theft or destruction.

The amendment to paragraph 6.46(1)(a) clarifies that it applies only to red or grey ASIC holders.  There is no requirement for the holder of a white ASIC to notify the issuing body if the ASIC is lost, stolen or destroyed.

Item [91] - Paragraph 6.46(1)(d)

Subregulation 6.46(1) of the Aviation Regulations provides that an ASIC holder commits an offence if the ASIC holder does not notify the issuing body if the ASIC was, amongst other scenarios, stolen, within 7 days of becoming aware of the theft.  The notification must be in a form of a statutory declaration.

Paragraph 6.35(1)(b) of the Aviation Regulations provides that an issuing body may issue a replacement ASIC to the holder of another permanent ASIC that they have issued, if the other permanent ASIC has been stolen, and the holder of the stolen ASIC has given the issuing body a copy of a police report, or other information issued by the police, regarding the theft.  This means that currently if an ASIC has been stolen, the ASIC holder needs to provide the issuing body with the police report and statutory declaration.

This amendment to paragraph 6.46(1)(d) clarifies that, in the case of an ASIC being stolen, the ASIC holder will need to provide the issuing body with a copy of a police report, or other information issued by the police regarding the theft.  If an ASIC is lost or destroyed, the ASIC holder will still need to provide the issuing body with the statutory declaration setting out the circumstances of the loss or destruction.  Please also refer to item 51.

Item [92] - Subregulation 6.47(2)

Regulation 6.47 of the Aviation Regulations provides that an issuing body must cancel an ASIC when the ASIC holder requests the cancellation.  Subregulation 6.47(2) provides that a cancellation of an ASIC takes effect when the ASIC is returned to the issuing body.

Item 92 provides that subregulation 6.47(2) does not apply to a white ASIC, as there is no requirement for the holder of a white ASIC to return the ASIC to the issuing body.  Item 92 is consequential to item 93.

Item [93] - At the end of regulation 6.47

Item 93 specifies that the cancellation of a white ASIC on the request of the holder will take effect when the issuing body receives the request to cancel the white ASIC.  Item 93 is consequential to item 92.

Item [94] - Subregulation 6.48(1)

Regulation 6.48 of the Aviation Regulations provides that an ASIC holder can be disqualified from holding an ASIC for contravening display requirements.

The amendment to subregulation 6.48(1) clarifies that this provision applies only to red or grey ASIC holders.  There is no requirement to display a white ASIC, as the white ASIC holders could not remain unmonitored in secure areas of the security controlled airports.

Item [95] - Regulation 6.54 (note)

A note at the end of regulation 6.54 provides that the holder of a flight crew licence must hold an ASIC to enter the secure area of a security controlled airport.

The amendment to the note clarifies that this provision applies only to the red or grey ASIC holders, as the white ASIC holders could not remain unmonitored in secure areas of the security controlled airports.

Item [96] - Subregulation 6.57(3)

Item 96 clarifies that this provision applies only to red or grey ASIC holders, as the white ASIC holders could not remain unmonitored in secure areas of the security controlled airports.

Item [97] - In the appropriate position in Part 10

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

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

ASIC programs

New subclause 10.18(1) introduces an implementation period for the ASIC programs of issuing bodies.  The implementation period commences on 1 November 2016 and ends, depending on the circumstances, at the latest on 1 February 2017 (please refer to a definition of an 'implementation period' at subclause 10.18(9)).

On 1 November 2016, all approved ASIC programs will still be considered valid and adequately addressing matters mentioned in regulation 6.06, though issuing bodies will not vary their ASIC programs to reflect amendments of Part 1 Schedule 1 of the Transport Security Legislation Amendment (Identity Security) Regulation 2016 by this time.

All issuing bodies are required to submit a proposed variation of their ASIC program by 1 December 2016.  Within 60 days after receiving a proposed variation of an ASIC program, the Secretary of the Department will be required to give an issuing body written notice of the decision.

If an issuing body does not submit a proposed variation of their ASIC program by 1 December 2016, the protection provided by new subclause 10.18(1) will expire on 1 December 2016, and the issuing body will be considered to fail to give effect to its ASIC program.

Requirement to retain records and documents

New requirements to retain documents and records will apply in relation to ASIC applications made to an issuing body on or after 1 November 2016, and ASICs issued as a result of such applications.

Persons directly involved in the issue of ASICs

New items 26, 27, and 42 commence on or after 1 November 2016.  The transitional provision provides that if a person, directly involved in the issue of an ASIC, has a valid background check but a red or grey ASIC was never issued to the person as the person did not have an operational need for a red or grey ASIC, that person is able to operate without a white ASIC until the earlier of the following times:

*         end of 2 years after the person's most recent background check was completed; or

*         the start of 1 August 2017.

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

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

Part 2 - Amendments commencing 1 August 2017

Aviation Transport Security Regulations 2005

Item [98] - Subregulation 6.01(1)

Regulation 6.01 contains definitions to Part 6.  Item 98 inserts new definitions of categories of identification documents.  This improves the proof of identity requirements for ASIC applicants by requiring an ASIC applicant to provide the issuing body sufficient evidence to establish:

*         the commencement of the applicant's identity in Australia (such as birth or citizenship certificates or evidence of a visa entitling the applicant to enter Australia);

*         a high level photographic identity document (such as an Australian driver's license, Australian passport, foreign passport);

*         evidence of operating in the community (such as a Medicare Card, or a second high-level photographic identity document); and

*         proof of the applicant's current residential address (such as utilities notice or rent details).

These amendments in Part 2 Schedule 1 also align the identification requirements for ASIC applicants with the National Identity Proofing Guidelines, issued by the Attorney-General's Department in 2014.  These national guidelines provide a more robust, yet flexible risk-based approach to identity proofing than the traditional primary, secondary or tertiary document check, and are aligned with the international best-practice standards.  This approach enables a greater range of identity verification processes to be conducted online, using systems such as the national Document Verification Service.  This in turn can result in significant cost savings for issuing bodies when verifying identification documents, while still maintaining strong controls against identity fraud.

The Department has developed detailed guidance material on the new categories of identification documents for issuing bodies, ASIC applicants and ASIC holders.

These amendments in item 98 are consequential to items 100, 101, 102, 103 and 104.

Item [99] - Subregulation 6.01(1) (after paragraph (b) of the definition of 'directly involved in the issue of ASICs')

The Regulation introduces a requirement that an issuing body is not able to issue an ASIC to a person unless that person presents in person to an issuing body or to an issuing body's contractor to verify the person's identity and provides originals of the identification documents used in their application for an ASIC.

Item 99 extends the definition of 'directly involved in the issue of ASICs' to cover issuing body's staff or contractors that are verifying the identity of an ASIC applicant in person and checking the originals of the identification documents provided by the ASIC applicant.  Please also refer to items 13 and 14 in Part 1 Schedule 1 to of the Regulation.

Item [100] - Subregulation 6.01(1)

Item 100 inserts a definition of 'identification document' to subregulation 6.01(1) of the Aviation Regulations.  This amendment in item 100 is consequential to items 98, 101, 102, 103 and 104.

Item [101] - Regulation 6.04

Regulation 6.04 of the Aviation Regulations sets out criteria that a document must meet to qualify as a primary, secondary or tertiary identification document.

Item 101 repeals regulation 6.04.  This amendment in item 101 is consequential to items 98, 100, 102, 103 and 104.

Item [102] - At the end of Division 6.1 of Part 6

New regulation 6.05A of the Aviation Regulations provides that if an identification document, required as a part of an ASIC application, is not in English, the person is required to give an issuing body an original or a certified copy of an accurate translation of the document into English.

Item [103] - After regulation 6.27AA

New regulation 6.27AB of the Aviation Regulations prescribes how an issuing body is required to verify the identity of an ASIC applicant.

New subregulation 6.27AB(2) provides what categories of identification documents the ASIC applicant is required to give to an issuing body in person.

New regulation 6.27AC prescribes that if a person could not satisfy one or more identification requirements, the issuing body can apply to the Secretary of the Department for approval of alternative identification requirements.  The Department has provided detailed guidance material on the new categories of identification documents to the issuing bodies, ASIC applicants and ASIC holders.

The amendment in item 103 is consequential to items 98, 100, 101, 102 and 104.

Item [104] - Paragraphs 6.28(1)(b) and (c)

Item 104 inserts new paragraphs 6.28(1)(b) and (c) to reflect the new categories of identification documents and new in-person verification requirement for ASIC applicants.  The amendment in item 104 is consequential to items 98, 100, 101, 102 and 103.

Item [105] - Paragraph 6.33(4)(e)

Subregulation 6.33(4) of the Aviation Regulations prescribes the requirements for ASICs to comply with.

New paragraph 6.33(4)(e) provides that the given name and surname on an ASIC must be the same as those by which the person's identity was verified in relation to the holder's application for the ASIC.

Item [106] - Paragraphs 6.38C(1)(a) and (b)

Regulation 6.38C of the Aviation Regulations prescribes types of identification documents that must be produced by a person applying for a VIC to the VIC issuer.

New paragraph 6.38C(1)(a) provides that a VIC issuer must not issue a VIC to a person unless the person confirms his or her identity by showing the VIC issuer a Category B identification document for the person.  This amendment improves identity verification for VICs, and delivers a better security outcome.  Please also refer to item 98.  The amendment in item 106 is consequential to items 107 and 108.

Item [107] - Subregulation 6.38C(2)

The amendment in item 107 is consequential to items 106 and 108.

Item [108] - Subregulation 6.38C(6)

The amendment in item 108 is consequential to items 106 and 107.

Item [109] - Subregulation 6.42(2)

New subregulation 6.42(2) provides that all ASIC applicants and holders are required to notify their issuing body of a change of name within 30 days after the change.  The notification needs to be in person and accompanied by 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 (e.g. change of name certificate, marriage certificate etc.).  This amendment in item 109 is consequential to item 103.

Item [110] - Paragraph 6.57(1)(a)

The amendment in item 110 is consequential to items 98 and 100.

Item [111] - After subregulation 8.02(3)

Subregulation 8.02(3) of the Aviation Regulations prescribes the types of applications that may be made to the Administrative Appeals Tribunal for reconsideration of a decision of the Secretary of the Department.

New subregulation 8.02(3A) provides that applications may be made to the Administrative Appeals Tribunal for review of decisions of the Secretary of the Department made under regulation 6.27AC to refuse to approve alternative identification requirements for a person.  The amendment in item 111 is consequential to item 103.

Item [112] - In the appropriate position in Division 5 of Part 10

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

Clause 10.19 provides that Part 2 Schedule 1 of the Regulation commences on 1 August 2017 and applies in relation to applications for ASICs made on or after 1 August 2017.

Schedule 2 - Maritime transport and offshore facilities security

Part 1 - Amendments commencing 1 November 2016

Maritime Transport and Offshore Facilities Security Regulations 2003

Item [1] - Subregulation 1.03(1)

Regulation 1.03 of the Maritime Regulations contains definitions.

Item 1 inserts definitions of the ABN (short for Australian Business Number), ACN (short for Australian Company Number), and ARBN (Australian Registered Body Number).  The insertion of these definitions is consequential to subregulation 6.07Q(4) at item 20.

Item [2] - Subparagraphs 6.07A(1)(b)(i) and (ii)

Regulation 6.07A of the Maritime Regulations provides for the purpose of Division 6.1A.  Subparagraph 6.07A(1)(b) specifies that a maritime industry participant must not allow a person to enter, or remain in, a maritime security zone unless the person displays a valid MSIC or a temporary MSIC; or is escorted by the holder of an MSIC or a temporary MSIC.

These amendments to subparagraphs 6.07A(1)(b)(i) and (ii) clarify that these provision apply only to blue MSIC holders, as the holders of the white MSIC are not able to remain unmonitored within maritime security zones of security regulated ports or offshore facilities.

Item [3] - Subregulation 6.07B(1)

Regulation 6.07B of the Maritime Regulations contains definitions for the purposes of Division 6.1A.

Item 3 inserts a definition of the blue MSIC.  This amendment is consequential to the introduction of a new role-specific white MSIC.  Please also refer to items 6 and 7.

Item [4] - Subregulation 6.07B(1) (definition of DIMIA)

Item 4 repeals a definition of a 'DIMIA' due to the redundancy of the term.

Item [5] - Subregulation 6.07B(1)

Item 5 inserts a definition of 'directly involved in the issue of MSICs' to subregulation 6.07B(1) of the Maritime Regulations, and clarifies what activities of the staff and contractors of issuing bodies constitute direct involvement in the issue of an MSIC.

Item 5 is consequential to items 23, 24, 29, 30 and 31.  See item 77 (new subregulations 104(6) and (7) for the transitional provisions).

Item [6] - Subregulation 6.07B(1) (definition of MSIC)

Item 6 amends a definition of MSIC in subregulation 6.07B(1) of the Maritime Regulations to include a blue MSIC or a white MSIC.  Item 6 is consequential to items 3 and 7.

Item [7] - Subregulation 6.07B(1)

Item 7 includes a new definition of an 'MSIC plan' to harmonise the Aviation and Maritime Regulations.  Please also refer to item 19.

Item 7 also includes a new definition of a 'white MSIC'.  The Regulation introduces a role-specific white MSIC.  One of the distinctive features of the white MSIC from the blue MSIC is that the white MSIC does not allow a holder to remain unmonitored within maritime security zones of security regulated ports or offshore facilities.

The white MSICs apply only to individuals that are employed or contracted by an issuing body, and directly involved in the issue of MSICs.  There is no requirement to display or return a white MSIC, as the eligible individuals cannot remain unmonitored within maritime security zones of security regulated ports or offshore facilities.

Item [8] - Regulation 6.07D (heading)

The amendment to the heading of regulation 6.07D of the Maritime Regulations is consequential to the introduction of a white MSIC.  In particular, that a white MSIC does not allow a holder to remain unmonitored within maritime security zones of security regulated ports or offshore facilities, and, thus, is not required to be displayed by the holder.  Please also refer to items 9, 10, and 11.

Item [9] - Subregulation 6.07D(1)

The Maritime Regulations provide for the issue of a blue MSIC.  A blue MSIC allows that a holder may remain unmonitored within the maritime or offshore security zones of security regulated ports or offshore facilities.  Regulation 6.07D of the Maritime Regulations, amongst other things, defines a valid MSIC or a valid temporary MSIC.  One of the elements of this definition is that a valid MSIC or valid temporary MSIC must be properly displayed within maritime security zones of security regulated ports or offshore facilities.

The amendment to subregulation 6.07D(1) of the Maritime Regulations is consequential to the introduction of a white MSIC.  One of the distinctive features of a white MSIC from the blue MSIC is that the white MSIC does not allow a holder to remain unmonitored within the maritime or offshore security zones of security regulated ports or offshore facilities.  There is no requirement to display a white MSIC, as the eligible individuals cannot remain unmonitored within maritime security zones of security regulated ports or offshore facilities.  Please also refer to items 7, 10, and 11.

Item [10] - Paragraph 6.07D(1)(a)

These amendments at item 10 are consequential to items 7, 9, and 11.

Item [11] - Subregulation 6.07D(2)

Subregulation 6.07D(2) of the Maritime Regulations provides that an MSIC or a temporary MSIC issued to a person who changes his or her name ceases to be valid 1 month after the day on which the change is made unless the MSIC or temporary MSIC ceases to be valid before that day.

Item 11 repeals subregulation 6.07D(2) due to its redundancy.  Please refer to items 46, 48 and 59 that further clarify obligations of an issuing body, MSIC applicant or holder regarding the change of name.

Item [12] - Subregulation 6.07E(3)

Regulation 6.07E of the Maritime Regulations provides a meaning of 'properly displaying an MSIC'.

Item 12 clarifies that this definition applies only to a blue MSIC or a temporary MSIC.  The amendment to subregulation 6.07E(3) excludes a white MSIC, as there is no requirement for a white ASIC to be properly displayed.  Please also refer to items 7 and 13.

Item [13] - At the end of regulation 6.07E

Item 13 inserts a note at the end of regulation 6.07E of the Maritime Regulations that provides that a requirement to display a valid MSIC could not be satisfied by displaying a white MSIC.  A white MSIC does not allow a holder to remain unmonitored within maritime security zones of security regulated ports or offshore facilities, and, therefore, is not required to be displayed.  Please also refer to items 7 and 12.

Item [14] - Regulation 6.07F

Regulation 6.07F of the Maritime Regulations provides that a person has an 'operational need to hold an MSIC' if his or her occupation or business interests require, or will require, him or her to have unmonitored access to a maritime security zone at least once each year.

The amendment to regulation 6.07F clarifies that this definition applies only to a blue MSIC.  A white MSIC doe not allow a holder to remain unmonitored within maritime security zones of security regulated ports or offshore facilities.  Item 14 is consequential to item 15.

Item [15] - At the end of regulation 6.07F

Regulation 6.07V of the Maritime Regulations provides that an issuing body must not allow a person to be directly involved in the issue of an MSIC unless a person is able to satisfy the security relevant criteria for the issue of an MSIC.

Currently, not all staff or contractors of issuing bodies that are directly involved in the issue of an MSIC are eligible to hold a blue MSIC as they have no operational need to have unmonitored access to a maritime security zone.  Given that such staff do not hold a physical card it can be difficult to confirm that such individuals hold a valid background check.

Item 15 inserts a definition of the operational need to hold a white MSIC. New paragraph 6.07F(2)(a) provides that a person will have an 'operational need to hold a white MSIC' if the person is required to be directly involved in the issue of MSICs for an issuing body.  Please refer to item 5 for the definition of 'directly involved in the issue of MSICs'.

New paragraph 6.07F(2)(b) provides that a person will have an 'operational need to hold a white MSIC' if the person is an employee of a Commonwealth agency who is required to be directly involved in making decisions relating to issuing of MSICs.  For example, new paragraph 6.07F(2)(b) requires employees of the Department, that are involved in processing applications and making decisions relating to issuing of MSICs under regulations 6.08F or 6.08H, to hold a valid white MSIC.  Please also refer to item 23.

Item [16] - Regulation 6.07J

Regulation 6.07J of the Maritime Regulations provides for a requirement to display an MSIC in maritime security zones.

Item 16 clarifies that this regulation applies only to the holders of a valid blue MSIC.  There is no requirement to display a white MSIC, as the eligible individuals cannot remain unmonitored within maritime security zones of security regulated ports or offshore facilities.  Please also refer to item 7.

Item [17] - Subregulation 6.07M(7)

Regulation 6.07M of the Maritime Regulations provides for the circumstances when the Secretary of the Department may exempt a person from a requirement to hold, carry or display an MSIC.

The amendment to regulation 6.07M clarifies that this provision applies only to the holders of a blue MSIC or a temporary MSIC, but excludes the holders of a white MSIC.  There is no requirement to hold, carry or display a white MSIC, as the eligible individuals do not have a need to remain unmonitored within maritime security zones of security regulated ports or offshore facilities, therefore, there will be no need for the Secretary of the Department to provide such an exemption.  Please also refer to item 7.

Item [18] - Paragraph 6.07P(4)(a)

Item 18 is consequential to items 7 and 19.

Item [19] - Paragraph 6.07Q

Regulation 6.07Q of the Maritime Regulations prescribes requirements for procedures for MSIC plans.

Item 19 repeals regulation 6.07Q and substitutes it with new regulation 6.07Q that details the procedures that must be included in the MSIC plan.  The new procedures and other requirements for the MSIC plans address the risks arising from the administrative practices of issuing bodies, in particular in the issuing and manufacturing of MSICs.

The amendments in item 19 are in response to the 2011 Australian National Audit Office report, Management of the Aviation and Maritime Security Identification Card Schemes (ANAO Report No. 39 2010-11).  The Department has provided detailed guidance material on the new procedures and other requirements to the MSIC plans to issuing bodies.

New subregulation 6.07Q(5) introduces an offence of strict liability for issuing bodies if they fail to report to the Secretary of the Department a change of details prescribed by new subregulation 6.07Q(4).  It is important for the Secretary of the Department as a regulator to have these details up to date for various reasons, ranging from the ability of the Secretary of the Department to urgently communicate that an MSIC holder constitutes a threat to aviation security, to the legislative complications that changes in a corporate structure of an issuing body may cause.

Item 19 is consequential to items 1, 7 and 18.

Item [20] - Paragraph 6.07R(9)(b)

Regulation 6.07R of the Maritime Regulations requires an issuing body to give effect to the MSIC plan.

The amendment to paragraph 6.07R(9)(b) is consequential to items 7, 18 and 19.

Item [21] - Subregulations 6.07S(1) and (2)

Regulation 6.07S of the Maritime Regulations prescribes the circumstances when the Secretary may give direction to vary an MSIC plan.

Item 21 is consequential to items 1, 7, 18, 19 and 22.

Item [22] - Subregulation 6.07T(5)

Regulation 6.07T of the Maritime Regulations prescribes the circumstances when an issuing body may vary an MSIC plan.

Item 22 is consequential to items 7, 18, 19 and 21.

Item [23] - Subregulations 6.07V(1) and (2)

Regulation 6.07V of the Maritime Regulations provides that an issuing body must not allow a person to be directly involved in the issue of an MSIC unless a person is able to satisfy the security relevant criteria for the issue of an MSIC.  Currently, not all staff or contractors of issuing bodies that are directly involved in the issue of an MSIC are eligible to hold a blue MSIC as they do not have an operational need for unmonitored access to a maritime security zone of security regulated ports or offshore facilities.  Given that such staff do not hold a physical card it can be difficult to confirm that such individuals hold a valid background check.

Item 23 makes it a requirement for a person directly involved in the issue of an MSIC to hold a valid MSIC. The staff and contractors of issuing bodies can apply for a white MSIC if they do not have an operational need for the blue MSIC.

Item 23 is consequential to items 5, 7, 15, 24, 29, 30 and 31.  Please see item 77 (new subregulations 104(6) and (7) for the transitional provisions).

Item [24] - Subregulations 6.07V(3) and (4)

Subregulation 6.07V of the Maritime Regulations prescribes the circumstances when the Secretary of the Department may approve the involvement of issuing body staff in the issue of MSICs if a security assessment of the person is qualified.  Subregulation 6.08H of the Maritime Regulations prescribes the circumstances for consideration by the Secretary of the Department when the security assessment for an applicant for an MSIC is qualified.

Item 24 repeals subregulations 6.07V(3) and (4) as redundant provisions.  If staff or contractors of issuing bodies, as a result of an application for an MSIC, receive a qualified security assessment, the Secretary of the Department will be able consider it under regulation 6.08H of the Maritime Regulations.  Please also refer to item 23.

Item [25] - Paragraph 6.07W(1)(a)

Regulation 6.07W of the Maritime Regulations prescribes the circumstances when the Secretary of the Department may revoke the authorisation of an issuing body.

Item 25 is consequential to items 7, 18, 19, 21 and 22.

Item [26] - Subregulation 6.08B(1)

Subregulation 6.08B(1) of the Maritime Regulations provides that a person may apply in writing to an issuing body for an MSIC.

Item 26 clarifies that the provision covers applications for blue and white MSICs.  Please also refer to items 7, 27 and 28.

Item [27] - Subregulation 6.08B(2)

Subregulation 6.08B(2) of the Maritime Regulations provides that a person applying for an MSIC to an issuing body must state in the application whether the person is applying for an MSIC that is to be in force for 2 years or 4 years.

Item 27 amends subregulation 6.08B(2) to clarify that this provision applies only to applicants for a blue MSIC as a white MSIC is valid for only 2 years.  Item 27 is consequential to items 26 and 28.

Item [28] - Subregulation 6.08B (note)

Item 28 amends a note to clarify that a white MSIC can be valid for only 2 years. Item 28 is consequential to items 26 and 27.

Item [29] - Subregulation 6.08BA(1)

The amendment to subregulation 6.08BA(1) of the Maritime Regulations is consequential to items 30, 31 and 60.

Item [30] - Paragraph 6.08BA(1)(b)

Paragraph 6.08BA(1)(a) of the Maritime Regulations allows an issuing body to apply to the Secretary AGD for a background check on an applicant for an MSIC. Paragraph 6.08BA(1)(b) of the Maritime Regulations allows an issuing body to apply to the Secretary AGD for a background check on a person employed by the issuing body to issue an MSIC.

Item 30 repeals paragraph 6.08BA(1)(b).  The issuing body will be able to apply to the Secretary AGD for a background check on a person employed by the issuing body to issue an MSIC using paragraph 6.08BA(1)(a).  Item 30 is consequential to items 15, 23 and 24.

Item [31] - Subregulation 6.08BA(2)

Subregulation 6.08BA(2) of the Maritime Regulations allows an issuing body to apply to the Secretary AGD for a background check on a person employed by the issuing body to issue MSICs before the person begins to issue MSICs, and every 2 years afterwards.

Item 31 repeals subregulation 6.08BA(2), as issuing bodies will be able to apply to the Secretary AGD for a background check on a person employed by the issuing body to issue an MSIC using paragraph 6.08BA(1)(a). Item 31 is consequential to items 15, 23, 24, and 30.

Item [32] - Regulation 6.08CA

Regulation 6.08CA of the Maritime Regulations requires an issuing body to use the AusCheck facility when issuing an MSIC under regulations 6.08C, 6.08E or 6.08F.

The amendment to regulation 6.08CA provides that an issuing body is required to use the AusCheck facility when issuing an MSIC under regulation 6.08L that provides for the issue of replacement MSICs.  Item 32 is consequential to item 46.

Item [33] - Paragraph 6.08E(b)

Regulation 6.08E of the Maritime Regulations provides that an issuing body may issue an MSIC to a person if the person holds an ASIC issued under the Aviation Regulations, and

has an operational need for an MSIC.

This amendment is consequential to the introduction of a white MSIC.  Please also refer to item 7.

Item [34] - Regulation 6.08F (heading)

The amendment to the heading of regulation 6.08F of the Maritime Regulations clarifies it to better reflect the operation of regulation 6.08F.

Item [35] - Paragraph 6.08I(1)(a)

Paragraph 6.08I(1)(a) of the Maritime Regulations provides that an MSIC expires if the holder applied for an MSIC that is to be in force for 2 years - 2 years after the day the criminal history check on the holder for the issue of the MSIC is completed.

The amendment to paragraph 6.08I(1)(a) clarifies that the provision applies to blue or white MSICs.

Item [36] - Paragraph 6.08I(1)(b)

Paragraph 6.08I(1)(b) of the Maritime Regulations provides that an MSIC expiries if the holder applied for an MSIC that is to be in force for 4 years - 4 years after the day the criminal history check on the holder for the issue of the MSIC is completed.

The amendment to paragraph 6.08I(1)(b) clarifies that the provision applies to blue MSICs only as a white MSIC can be valid for only 2 years.  Please also refer to items 27, 28 and 35.

Item [37] – At the end of subregulation 6.08I(2)

Regulation 6.08I of the Maritime Regulations provides for period of issue and expiry of MSICs.

New paragraph 6.08I(2)(e) provides that an MSIC issued under the regulation 6.08L (issue of replacement MSICs) expiries in accordance with subregulation 6.08L(3).  Please refer to item 46.

Item [38] - Subregulation 6.08J(2)

Regulation 6.08J of the Maritime Regulations prescribes the form of an MSIC.

The amendment to the Regulation is consequential to the introduction of a white MSIC.  This amendment provides that subregulation 6.08J(2) prescribes the form of a blue MSIC.

Item [39] - After subregulation 6.08J(2)

Regulation 6.08J of the Maritime Regulations prescribes the form of an MSIC.

This amendment inserts a new subregulation 6.08J(2A) that prescribes the form of a white MSIC.  Item 39 is consequential to item 7.

Item [40] - Paragraph 6.08J(3)(a)

Subregulation 6.08J(3) of the Maritime Regulations prescribes the requirements for MSICs to comply with.

The amendment to paragraph 6.08J(3)(a) clarifies that the white MSICs also need to comply with the requirements specified in subregulation 6.08J(3).  Item 40 is consequential to items 38, 39 and 41.

Item [41] - Subregulation 6.08J(6)

The amendment in item 41 is consequential to items 38, 39 and 40.

Item [42] - Subparagraph 6.08K(1)(a)(i)

Subregulation 6.08K(1) of the Maritime Regulations provides for the issue of temporary MSICs.  Subparagraph 6.08K(1)(a)(i) provides that a temporary MSIC may be issued to a person by a maritime industry participant if the person is the holder of an MSIC and has forgotten the MSIC, or it has been lost, stolen or destroyed.

The amendment to subparagraph 6.08K(1)(a)(i) provides that this provision applies only to the holders of a blue MSIC.  There are no temporary white MSICs.  Please also refer to items 43 and 44.

Item [43] - Paragraph 6.08K(2A)(a)

Paragraph 6.08K(2A)(a) of the Maritime Regulations provides that a temporary MSIC may be issued to a person by a maritime industry participant if the person's application for an MSIC has been approved by the issuing body, and he or she has not received the MSIC.

The amendment to paragraph 6.08K(2A)(a) provides that this provision applies only to the holders of a blue MSIC.  There are no temporary white MSICs.  Please also refer to items 42 and 44.

Item [44] - Paragraph 6.08K(6)(b)

Paragraph 6.08K(6)(b) of the Maritime Regulations prescribes particular circumstances for the expiration of a temporary MSIC.

The amendment to paragraph 6.08K(6)(b) provides that this provision applies only to the holders of a blue MSIC.  There are no temporary white MSICs.  Please also refer to items 42 and 43.

Item [45] - Subparagraphs 6.08KA(1)(c)(i), (ii) and (v)

Subregulation 6.08KA(1) of the Maritime Regulations prescribes the requirements for temporary MSICs to comply with.

The amendment to subparagraphs 6.08KA(1)(c)(i), (ii) and (v) provides that this provision applies only to a blue MSIC.  There are no temporary white MSICs.

Item [46] - Regulation 6.08L

New regulation 6.08L of the Maritime Regulations provides for the circumstances when the issuing body will be able to issue a replacement MSIC (blue or white) to the holder of another permanent MSIC.

The replacement MSIC can be issued in the following circumstances:

*         when the old MSIC has been lost or destroyed;

*         when the old MSIC has been stolen;

*         when the MSIC holder changed his or her name;

*         when the MSIC holder wishes to change the MSIC to a different type, if the holder has an operational need for the different type of MSIC.  For example, if a holder of a white MSIC working for an issuing body changes their job and now has a need to remain unmonitored within maritime security zones of a security regulated port, the holder may apply to the issuing body for the replacement MSIC.  Subject to the operational need for a replacement MSIC, and other criteria met, the issuing body will be able to issue a blue MSIC to the person.

New subregulation 6.08L(1) also prescribes what types of documents the person applying for the replacement MSIC needs to provide.

If the old MSIC has been lost or destroyed, the holder will need to give an issuing body a statutory declaration setting out the circumstances of the loss or destruction (please also refer to items 32, 59, 60, 67 and 68).

If the old MSIC has been stolen, the holder will need to give an issuing body a copy of a police report, or other information issued by the police, regarding the theft (please also refer to items 32, 59, 60, 67 and 68).

If the holder's name changed, the holder will need to notify their issuing body in writing of the change of name within 30 days after the change.  The notification will need to be 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 (e.g. change of name certificate, marriage certificate etc.) (please refer to items 32, 48, 59, 60, 67 and 68).

If the holder's operational need has changed, the holder will need to provide an issuing body with the letter from the employer confirming the different operational need.

New paragraph 6.08L(1)(d) provides that a person applying to an issuing body for the replacement MSIC needs to give an issuing body a statutory declaration stating that since the person's background checks were completed, the person has not been convicted of a maritime-security relevant offence.  Please note, that if a person needs to satisfy various criteria for the replacement MSIC, a person can provide a single statutory declaration to an issuing body stating all circumstances that need to be addressed to be issued with the replacement MSIC.

Item [47] - Paragraph 6.08LA(c)

Regulation 6.08LA of the Maritime Regulations provides for the criteria when an issuing body may issue an MSIC to a person with a visa extension.  One of the criteria is that a person continues to have an operational need to hold an MSIC.

The amendment to paragraph 6.08LA(c) clarifies that an issuing body needs to be satisfied that the operational need exists for the type of an MSIC the issuing body proposes to issue.  For example, if a person holds an operational need for a white MSIC, an issuing body will not be able to issue a blue MSIC to the person.

Item [48] - After regulation 6.08LC

New regulation 6.08LCA provides that all MSIC applicants and holders need to notify in writing their issuing body of the change of name within 30 days after the change.  The notification needs to be in writing and 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 (e.g. change of name certificate, marriage certificate etc.).

Subregulation 6.08LCA(1) introduces an offence of strict liability for ASIC applicants or holders that fail to notify their issuing body of the change of name.  As an ASIC is a security identification card, it should be issued to the correct legal name of a person to meet the security outcome.

Subregulation 6.08LCA(3) provides that an issuing body needs to update the AusCheck facility of the changed name.  Item 48 is consequential to items 32, 46, 59, 60, 67 and 68.

Item [49] - Regulation 6.08LD (heading)

The amendment to the heading of regulation 6.08LD of the Maritime Regulations clarifies it to better reflect the operation of regulation 6.08LD following amendments in item 48.

Item [50] - Paragraph 6.08LD(1)(b)

The amendment to paragraph 6.08LD(1)(b) of the Maritime Regulations removes the reference to a 'name', as regulation 6.08LD only provides for the reporting requirements of the change of address by MSIC holders issued with MSICs valid for more than 2 years.  Please also refer to items 48 and 51.

Item [51] - Paragraph 6.08LD(1)(c)

The amendment to paragraph 6.08LD(1)(c) of the Maritime Regulations is consequential to item 50.

Item [52] - Paragraph 6.08LD(1)(d)

The amendment to paragraph 6.08LD(1)(d) of the Maritime Regulations is consequential to items 50 and 51.

Item [53] - Subregulation 6.08LD(2)

The deletion of subregulation 6.08LD(2) of the Maritime Regulations is consequential to items 48, 50, 51 and 52.

Item [54] - Regulation 6.08LDA (heading)

Regulation 6.08LDA of the Maritime Regulations provides obligations of issuing bodies regarding notification of change of name or address of MSIC applicants or holders.

The amendment to the heading of regulation 6.08LDA clarifies that the provision no longer applies to the change of name obligations.  Item 54 is consequential to items 48, 50, 51, 52 and 53.

Item [55] - Paragraphs 6.08LDA(a) and (b)

The amendment to paragraphs 6.08LDA(a) and (b) of the Maritime Regulations clarifies that the provisions no longer apply to the change of name obligations.  Item 55 is consequential to items 48, 50, 51, 52, 53 and 54.

Item [56] - Paragraph 6.08LE(2)(c)

Regulation 6.08LE of the Maritime Regulations provides for the circumstances when an MSIC may be suspended by the Secretary's direction.  Paragraph 6.08LE(2)(c) provides that one of the circumstances that the Secretary of the Department may consider is the location of the maritime security zone where the holder is employed.

The amendment to paragraph 6.08LE(2)(c) is consequential to the introduction of a white MSIC.  One of the distinctive features of a white MSIC from a blue MSIC is that the white MSIC does not allow the holder to remain unmonitored within maritime security zones of security regulated ports or offshore facilities.  The amendment in item 56 enables the Secretary to consider the area where the holder of an MSIC is employed without limiting it to the maritime security zones.

Item [57] - Subregulation 6.08LF(4)

Subregulation 6.08LF(4) of the Maritime Regulations provides that the holder of the MSIC must return the MSIC to the issuing body of the MSIC no later than 7 days after the day the holder is told in writing that the MSIC has been suspended.

The amendment to subregulation 6.08LF(4) clarifies that the provision applies only to the holders of blue MSICs.  There is no requirement for a holder of a white MSIC to return the suspended MSIC to the issuing body.

Item [58] - Paragraphs 6.08M(1)(f) and (g)

Subregulation 6.08M(1) of the Maritime Regulations provides for scenarios when an issuing body must cancel an MSIC.  The amendments to paragraphs 6.08M(1)(f) and (g) are consequential to the introduction of a white MSIC.  Please also refer to the amendment to a definition of the 'operational need' in item 15.

Item [59] - After paragraph 6.08M(1)(h)

Item 59 provides for additional scenarios when an issuing body needs to cancel an MSIC. New paragraph 6.08M(1)(i) provides that an issuing body needs to cancel an MSIC if the issuing body finds out that the MSIC has been lost, stolen or destroyed.  The amendment to paragraph 6.08M(1)(i) is consequential to items 32, 46, 67 and 68.

New paragraph 6.08M(1)(j) provides that an issuing body needs to cancel an MSIC if the issuing body issues a replacement MSIC under regulation 6.08L.  The amendment to paragraph 6.08M(1)(j) is consequential to items 15, 32, 46, 67 and 68.

New paragraph 6.08M(1)(k) provides that an issuing body needs to cancel an MSIC if 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.  Please also refer to item 48.

Item [60] - Subregulations 6.08M(1A) and (1B)

Item 60 is consequential to items 29, 30 and 31.

Item [61] - Subregulation 6.08N(2)

Regulation 6.08N of the Maritime Regulations provides that an issuing body must cancel an MSIC when the MSIC holder requests the cancellation.  Subregulation 6.08N(2) provides that a cancellation of an MSIC takes effect when the MSIC is returned to the issuing body.

Item 61 provides that subregulation 6.08N(2) does not apply to a white MSIC, as there is no requirement for the holder of a white MSIC to return the MSIC to the issuing body.  Item 61 is consequential to item 62.

Item [62] - At the end of regulation 6.08N

Item 62 specifies that the cancellation of a white MSIC on the request of the holder takes effect when the issuing body receives the request to cancel the white MSIC.  Item 62 is consequential to item 61.

Item [63] - Regulation 6.08P (heading)

The amendment to the heading of regulation 6.08P of the Maritime Regulations clarifies that it applies only to the holders of blue MSICs.  There is no requirement for the holder of a white MSIC to return the MSIC (expired, cancelled or damaged etc.) to the issuing body. Item 63 is to item 64.

Item [64] - Subregulation 6.08P(1)

Regulation 6.08P of the Maritime Regulations provides that an MSIC holder commits an offence if the holder does not return an MSIC to the issuing body within 30 days after the card has been expired, cancelled or damaged.

The amendment to subregulation 6.08P(1) clarifies that it applies only to the blue MSICs, as there is no requirement for the holder of a white MSIC to return the MSIC (expired, cancelled or damaged etc.) to the issuing body.  Item 64 is consequential to item 63.

Item [65] - Regulation 6.08Q (heading)

The amendment to the heading of regulation 6.08Q of the Maritime Regulations clarifies that it applies only to the holders of blue MSICs.  There is no requirement for the holder of a white MSIC to return the MSIC (expired, cancelled or damaged etc.) to the issuing body. Item 65 is consequential to item 66.

Item [66] - Subregulation 6.08Q(1)

Regulation 6.08Q of the Maritime Regulations provides that an MSIC holders commits an offence if the holder becomes aware of circumstances that will result in him or her not having an operational need to hold the MSIC for 12 months, and the holder fails to return the MSIC to an issuing body within 30 days of becoming aware of the circumstances.

The amendment to subregulation 6.08Q(1) clarifies that it applies only to the holders of blue MSICs.  There is no requirement for the holder of a white MSIC to return the MSIC (expired, cancelled or damaged etc.) to the issuing body.  Item 66 is consequential to item 65.

Item [67] - Regulation 6.08R (heading)

The amendment to the heading of regulation 6.08R of the Maritime Regulations clarifies that it only applies to holders of blue MSICs.  There is no requirement for the holder of a white MSIC to return the MSIC (expired, cancelled or damaged etc.) to the issuing body. Item 67 is consequential to item 68.

Item [68] - Subregulation 6.08R(1)

Regulation 6.08R(1) of the Maritime Regulations provides for notification requirements of lost, stolen or destroyed MSICs.

The amendment to subregulation 6.08R(1) clarifies that it only applies to holders of blue MSICs.  There is no requirement for the holder of a white MSIC to return the MSIC (expired, cancelled or damaged etc.) to the issuing body.  Item 68 is consequential to item 67.

Item [69] - Paragraph 6.08S(2)(a)

Subregulation 6.08S(2) of the Maritime Regulations provides that if a person is in a part of a maritime security zone and apparently not properly displaying a valid MSIC or valid temporary MSIC, a security officer may direct the person to show him or her a valid MSIC or valid temporary MSIC; or identification that establishes that the person is an exempt person.

The amendment to paragraph 6.08S(2)(a) clarifies that it only applies to holders of blue MSICs.  A white MSIC does not allow a holder to remain unmonitored within maritime security zones of security regulated ports or offshore facilities; thus, there is no requirement to display a white MSIC.

Item [70] - Regulation 6.08U (heading)

The amendment to the heading of regulation 6.08U of the Maritime Regulations clarifies the operation of the provision, and is consequential to items 71, 72, 73 and 74.

Item [71] - Subregulation 6.08U(2)

Regulation 6.08U of the Maritime Regulations specifies requirements for the retention of records by issuing bodies, including types of records and for how long they should be kept.

Item 71 specifies the types of documents related to an MSIC application that an issuing body needs to retain.  Item 71 makes it a requirement for issuing bodies to retain these records and documents for at least 3 years after the completion of the background check on the MSIC applicant (maximum period can reach 5 years for the MSICs issued with the validity for more than 2 years); or for 3 years since the application for an MSIC was made but no card issued.  Item 71 is consequential to items 70, 72, 73 and 74.

Item [72] - Subregulation 6.08U(3)

Subregulation 6.08U(3) of the Maritime Regulations requires an issuing body to retain records in a way they can be conveniently audited.

Item 72 clarifies that an issuing body is required to keep records and documents in a way they could be conveniently audited.  Item 72 is consequential to items 70, 71, 73 and 74.

Item [73] - Subregulation 6.08U(4)

Subregulation 6.08U(4) of the Maritime Regulations requires issuing bodies to hold records at its office.

Item 73 removes this requirement.  As a result, issuing bodies can keep the documents and records in a secure manner according to their business preference (e.g. iCloud storage). Item 73 is consequential to items 70, 71, 72 and 74.

Item [74] - Subregulation 6.08U(5)

Subregulation 6.08U(5) of the Maritime Regulations requires issuing bodies to allow a maritime security inspector to inspect records they hold on request during normal business hours.

Item 74 clarifies that this requirement applies to documents as well as records.  Item 74 is consequential to items 70, 71, 72 and 73.

Item [75] - Paragraph 6.08V(c)

Paragraph 6.08V(c) of the Maritime Regulations requires issuing bodies to annually report to the Secretary, in particular about the number of ASICs that have expired or been cancelled but have not been returned to the issuing body.

The amendment to paragraph 6.08V(c) clarifies that the reporting requirement on MSICs that have not been returned to the issuing body applies only to blue MSICs.  Paragraph 6.08V(c) is not applicable to white MSICs, as there is no requirement for the holder of a white MSIC to return the expired or cancelled MSIC to the issuing body.

Item [76] - Regulation 6.08Y

Item 76 corrects a grammatical error in regulation 6.08Y of the Maritime Regulations.

Item [77] - In the appropriate position in Schedule 2

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

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

MSIC plans

New subclause 104(1) introduces an implementation period for the MSIC plans of issuing bodies.  The implementation period commences on 1 November 2016 and ends, depending on the circumstances, at the latest on 1 February 2017 (please refer to a definition of an 'implementation period' at new subclause 104(8)).

On 1 November 2016, all approved MSIC plans will still be considered valid and adequately addressing matters mentioned in the new regulation 6.07Q, though issuing bodies will not vary their MSIC plans to reflect amendments of Part 1 Schedule 2 of the Transport Security Legislation Amendment (Identity Security) Regulation 2016 by this time.

All issuing bodies are required to submit a proposed variation of their MSIC plans by 1 December 2016.  Within 60 days after receiving a proposed variation of an MSIC plan, the Secretary of the Department is required to give an issuing body written notice of the decision.

If an issuing body does not submit a proposed variation of their MSIC plan by 1 December 2016, the protection provided by the new subclause 104(1) expiries on 1 December 2016, and the issuing body will be considered to fail to give effect to its MSIC plan.

Requirement to retain records and documents

The new requirements to retain documents and records applies in relation to MSIC applications made to an issuing body on or after 1 November 2016, and MSICs issued as a result of such applications.

Persons directly involved in the issue of MSICs

New items 23, 24, 29, 30 and 31 commence on or after 1 November 2016.  The transitional provision provides that if a person, directly involved in the issue of an MSIC, has a valid background check but the blue MSIC was never issued to the person as the person did not have an operational need for a blue MSIC, the person will be able to operate without a white MSIC until the earlier of the following times:

*         end of 2 years after the person's most recent background check was completed; or

*         the start of 1 August 2017.

Part 2 - Amendments commencing 1 August 2017

Maritime Transport and Offshore Facilities Security Regulations 2003

Item [78] - Subregulation 6.07B(1)

Regulation 6.07B of the Maritime Regulations contains definitions for Division 6.1A.

Item 78 inserts new definitions of categories of identification documents.  This improves the proof of identity requirements for MSIC applications by requiring an MSIC applicant to provide to the issuing body sufficient evidence to establish:

*         the commencement of the applicant's identity in Australia (such as birth or citizenship certificates or evidence of a visa entitling the applicant to enter Australia);

*         a high level photographic identity document (such as an Australian driver's license, Australian passport, foreign passport);

*         evidence of operating in the community (such as a Medicare Card, or a second high-level photographic identity document); and

*         proof of the applicant's current residential address (such as utilities notice or rent details).

The amendments in Part 2 Schedule 2 also aligns the identification requirements for MSIC applicants with the National Identity Proofing Guidelines, issued by the Attorney-General's Department in 2014.  These national guidelines provide a more robust, yet flexible risk-based approach to identity proofing than the traditional primary, secondary or tertiary document check, and are aligned with the international best-practice standards.  This approach enables a greater range of identity verification processes to be conducted online, using systems such as the national Document Verification Service.  This, in turn, can result in significant cost savings for issuing bodies when verifying identification documents, while still maintaining strong controls against identity fraud.  The Department has provided detailed guidance material on the new categories of identification documents to the issuing bodies, MSIC applicants and MSIC holders.

The amendments in item 78 are consequential to items 79, 80, 81, 82, 83, and 84.

Item [79] - Subregulation 6.07B(1) (after paragraph (b) of the definition of 'directly involved in the issue of MSICs')

The Regulation introduces a requirement that an issuing body is not be able to issue an MSIC to a person unless that person presents in person to an issuing body or to an issuing body's contractor to verify their identity and provides originals of the identification documents they used in their application for an MSIC.

Item 79 extends the definition of 'directly involved in the issue of MSICs' to cover an issuing body's staff or contractors who are verifying the identity of an MSIC applicant in person and checking the originals of the identification documents provided by the MSIC applicant.  Please also refer to item 5 in Part 1 Schedule 2 to of the Regulation.

Item [80] - Subregulation 6.07B(1)

Item 80 inserts a definition of 'identification document' to subregulation 6.07B(1) of the Maritime Regulations.  The amendment in item 80 is consequential to items 78, 79, 81, 82, 83 and 84.

Item [81] - Regulation 6.07G

Regulation 6.07G of the Maritime Regulations sets out criteria that a document must meet to qualify as a primary, secondary or tertiary identification document.

Item 81 repeals regulation 6.07G.  The amendment in item 81 is consequential to items 78, 79, 80, 82, 83 and 84.

Item [82] - At the end of Subdivision 6.1A.1 of Division 6.1A of Part 6

New regulation 6.07HA of the Maritime Regulations provides that if identification document, required as a part of an MSIC application, is not in English, the applicant is required to give an issuing body an original or a certified copy of an accurate translation of the document into English.

Item [83] - After regulation 6.08BA

New regulation 6.08BB of the Maritime Regulations prescribes how an issuing body is required to verify the identity of an MSIC applicant.  New subregulation 6.08BB(2) provides what categories of identification documents the MSIC applicant is required to give to an issuing body in person.

New regulation 6.08BC prescribes that if a person cannot satisfy one or more identification requirements, the issuing body will be able to apply to the Secretary of the Department for approval of alternative identification requirements.  The Department has provided detailed guidance material on the new categories of identification documents to the issuing bodies, MSIC applicants and MSIC holders.

The amendment in item 83 is consequential to items 78, 79, 80, 81 and 84.

Item [84] - Paragraph 6.08C(1)(b)

Paragraph 6.08C(1)(b) of the Maritime Regulations provides that an issuing body may issue an MSIC to a person if certain criteria are satisfied, including that the person has verified his or her identity by showing the issuing body a primary identification document, or 2 tertiary identification documents.

Item 84 amends paragraph 6.08C(1)(b) to reflect the new categories of identification documents and the new in-person verification requirement.  The amendment in item 84 is consequential to items 78, 79, 80, 81, 82 and 83.

Item [85] - Paragraph 6.08J(3)(e)

Subregulation 6.08J(3) of the Maritime Regulations prescribes the requirements for MSICs to comply with.

New paragraph 6.08J(3)(e) provides that the given name and surname on an MSIC must be the same as those by which the person's identity was verified in relation to the holder's application for the MSIC.  The amendment in item 85 is consequential to items 78, 80, 81, 82, 83 and 84.

Item [86] - Subregulation 6.08LCA(2)

New subregulation 6.08LCA(2) provides that all MSIC applicants and holders need to notify their issuing body of a change of name within 30 days after the change.  The notification needs to be in person and accompanied by 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 (e.g. change of name certificate, marriage certificate etc.).  The amendment in item 87 is consequential to items 79 and 83.

Item [87] - After subregulation 6.08X(3)

Subregulation 6.08X(3) of the Maritime Regulations prescribes the types of applications that may be made to the Secretary of the Department for reconsideration of a decision of the Secretary of the Department.

New subregulation 6.08X(3A) provides that the applications may be made to the Administrative Appeals Tribunal for review of decisions of the Secretary of the Department made under paragraph 6.08BC(5)(a) to refuse to approve alternative identification requirements for a person.  The amendment in item 88 is consequential to item 83.

Item [88] - At the end of Part 4 of Schedule 2

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

New clause 105 provides that Part 2 Schedule 2 of the Regulation commences on 1 August 2017 and applies in relation to applications for MSICs made on or after 1 August 2017.