Fact Sheet: Maritime Security Identification Cards (MSICs)

What is an MSIC?

An MSIC is a nationally consistent identification card which is issued to identify a person who has been the subject of a background check. It shows that the holder has met the minimum security requirements and needs to work unescorted or unmonitored in a maritime security zone. The MSIC is not an access card and the relevant authority at each port or facility still controls access to its maritime security zones. MSICs are valid for up to five years. From 1 December 2010, MSICs will be valid for up to four years, with a background check required every two years. MSIC applicants will have the choice of having a four year or two year MSIC.

Who needs an MSIC?

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 a year.

This includes:

port, port facility and port service workers;
stevedores;
transport operators such as train and truck drivers;
seafarers on Australian regulated ships and;
people who work on and/or supply offshore oil and gas facilities.

How does someone apply for an MSIC?

If someone needs an MSIC, they need to apply through an approved MSIC issuing body. For a current list of approved MSIC issuing bodies, please click this list of issuing bodies.

What does the application process involve?

Once an applicant has lodged their application, the issuing body will confirm the applicant's identity, confirm the applicants operational need for an MSIC, request a background check of the applicant by AusCheck, and if necessary, confirm the applicants right to work in Australia. From 1 December 2010, MSIC applicants will have the choice of a four or two year MSIC, with a background check required every two years.

How much does an MSIC cost?

The cost of an MSIC varies between issuing bodies. Applicants please contact issuing bodies for their current prices.

What is involved in a background check for an MSIC?

AusCheck, a unit of the Attorney General's Department, is responsible for coordinating the background checks of MSIC applicants and people who are involved in the issue of MSICs.

The background checking process includes an assessment of:

A criminal records check undertaken by CrimTrac, which is used to determine if an applicant has an adverse criminal record;
A security assessment conducted by the Australian Security Intelligence Organisation (ASIO); and
If the applicant is not an Australian citizen, confirmation that the applicant has a right to work in Australia.

What if an MSIC applicant has a criminal record?

Depending on the offences that a person has been convicted of, it may not be possible to obtain an MSIC. A person with an adverse criminal record is not eligible to be issued with an MSIC.

Please note that speeding fines, parking tickets, general driving offences and minor drug offences are not considered to be maritime security relevant offences.

What is the definition of an adverse criminal record?

A person has an adverse criminal record if he or she has been convicted of a maritime-security-relevant offence (MSRO) and sentenced to imprisonment (including a suspended sentence, periodic detention, home-based detention, and detention until the rising of the court).

What is a maritime-security-relevant offence?

A maritime security relevant offence is an offence of a kind mentioned in the table below, or a similar offence against a law of a State or Territory, or of any other country or part of a country.

Table 6.07C - Maritime-security-relevant offences

	Item	Kind of offence
Part 1 Disqualifying offences a person convicted of an offence mentioned in item 1, 2, or 3, is disqualified from holding an MSIC, but, under regulation 6.08X, is entitled to seek reconsideration of the disqualification decision.	1.1	terrorism
	1.2	treason, sedition, espionage or selling national secret
	1.3	weapon of mass destruction
	1.4	hijacking or destruction of an aircraft, vessel or offshore facility
Part 2 An issuing body must not issue an MSIC to a person who has been convicted of an offence mentioned in item 4, 5,6, 7, 8, or 9, unless the Secretary, acting under regulation 6.08F, decides that the person is unlikely to constitute a threat to security and approves the issue of an MSIC to the person. If a person is refused approval by the Secretary under Regulation 6.08F, he or she may seek reconsideration of the decision under Regulation 6.08X.	2.1	armed attack relating to aircraft, airport, vessel, port or offshore facility
	2.2	unlawful interference with maritime transport, offshore facility or aviation
	2.3	threat to endanger aircraft, airport, vessel or port
	2.4	theft of aircraft or vessel
	2.5	piracy
	2.6	assassination, murder, attempted murder or manslaughter
	2.7	threat to murder
	2.8	Aggravated assault including the following, whether or not the assault results in injury: grievous bodily harm actual bodily harm torture wounding aggravated sexual assault assault with use of weapon assault in company
	2.9	kidnap
	2.10	hostage-taking, deprivation of liberty or false imprisonment
	2.11	people smuggling or people trafficking
	2.12	racial hatred or racial vilification
	2.13	affray or riot
	2.14	arson or sabotage
	2.15	threat to cause fire or explosion
	2.16	unlawful activity relating to weapons, firearms or explosives (not including weapons of mass destruction)
	2.17	armed robbery
	2.18	destruction of or damage to property belonging to the Commonwealth
	2.19	threat to destroy or damage property belonging to the Commonwealth
	2.20	hinder or resist government officer concerned with national security
	2.21	bribery or corruption
	2.22	extortion, blackmail or racketeering
	2.23	money laundering
	2.24	false testimony, perjury or subverting the course of justice
	2.25	forgery or fraud, including identity fraud
	2.26	supply false documentation to get a weapons, explosives or vehicle licence
	2.27	unlawful activity relating to passports or visas
	2.28	impersonate, misrepresent or falsely advertise a profession or professional status
	2.29	deceptive business practice
	2.30	import, export, supply, manufacture or cultivate illegal drug or controlled substance
	2.31	permit premises to be used for taking, selling or distributing illegal drugs or controlled substances
	2.32	conspiracy to commit an offence related to a matter mentioned in items1.1 to 1.4 and 2.1 to 2.31.

Please note that speeding fines, parking tickets, general driving offences and minor drug offences are not considered to be maritime security relevant offences.

What if a person's MSIC application is refused?

If someone's application for an MSIC is refused, they will be informed of the reason for that decision and their legal rights for a reconsideration or appeal. For more information, contact your issuing body or email idsecurity@infrastructure.gov.au.

If an applicant believes that their criminal history certificate has offences listed incorrectly, they should contact AusCheck to arrange a correction to their record.

What are my responsibilities and obligations as an MSIC holder?

An MSIC holder must return their MSIC to the issuing body within one month after:

it expires;
is cancelled;
has been damaged, altered or defaced (permanently or temporarily); or
the holder no longer have an operational need to enter a secure area at least once a year.

An MSIC holder must notify their issuing body within 7 days, if their MSIC is lost, stolen or destroyed.

An MSIC issued to a person who changes his or her name ceases to be valid one month after the day on which the change is made.

Notification must usually be in the form of a statutory declaration or police report.

How should an MSIC be properly displayed?

An MSIC must always be properly displayed when the holder is in a relevant secure area. An MSIC is properly displayed if it is attached to a person's outer clothing and:

at or above waist height;
at the front or side of his or her body or on a band around the holders upper arm; and
with the whole front of the MSIC clearly visible.

A person is not properly displaying the MSIC if the whole of the front of the MSIC is not clearly visible at all times when it is being worn.

If someone has an invalid MSIC, incorrectly displays or misuses an MSIC, then they may be fined or prosecuted.

Where can an applicant obtain further information regarding their application?

For information on where your background check is up to, please contact your MSIC issuing body.

Where can further information be obtained?

The legislation relating to the MSIC scheme is the Maritime Transport and Offshore Facilities Security Regulations 2003, the Maritime Transport and Offshore Facilities Security Act 2003, the AusCheck Regulations 2007 and the AusCheck Act 2007.