Fact Sheet: Maritime Security Identification Cards (MSICs)
- What is an MSIC?
- Who needs an MSIC?
- How does someone apply for an MSIC?
- What does the application process involve?
- How much does an MSIC cost?
- What is involved in a background check for an MSIC?
- What if an MSIC applicant has a criminal record?
- What is the definition of an adverse criminal record?
- What is a maritime-security-relevant offence?
- What if a person's MSIC application is refused?
- What obligations does an MSIC holder have?
- How should an MSIC be properly displayed?
- Where can an applicant obtain further information regarding their application?
- Where can further information be obtained?
- Related links
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.
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.
How much does an MSIC cost?
The cost of an MSIC varies between issuing bodies. Presently (October 2007), it costs approximately $230 for an MSIC. Please contact issuing bodies for their exact prices.
What is involved in a background check for an MSIC?
AusCheck, a unit of the Attorney General's Department, is now 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 the Australian Federal Police, 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 committed, it is possible to obtain an MSIC. However, a person with an adverse criminal record is not eligible to be issued with an MSIC.
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 |
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 |
An offence mentioned in Chapter 5 of the Criminal Code. |
2 |
An offence involving the supply of goods (such as weapons or missiles) for a Weapons of Mass Destruction program as mentioned in the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 |
|
3 |
An offence involving the hijacking or destruction of an aircraft or vessel |
|
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.
|
4 |
An offence involving treachery, sabotage, sedition, inciting mutiny, unlawful drilling, or destroying or damaging Commonwealth property, mentioned in Part II of the Crimes Act 1914 |
5 |
An offence involving interference with aviation, maritime transport infrastructure or an offshore facility, including carriage of dangerous goods on board an aircraft or ship, or endangering the security of an aerodrome, a port or an offshore facility |
|
6 |
An identity offence involving counterfeiting or falsification of identity documents, or assuming another individuals identity |
|
7 |
Transnational crime involving money laundering, or another crime associated with organised crime or racketeering |
|
8 |
People smuggling and related offences mentioned in Chapter 4, Division 73 of the Criminal Code |
|
9 |
An offence involving the importing, exporting, supply or production of weapons, explosives or a trafficable quantity of drugs. |
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.
If an applicant believes that their criminal history certificate has offences listed incorrectly, they should contact the Australian Federal Police to arrange a correction to their record.
What if a person's MSIC application is refused?
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; and
- within 7 days, if they are convicted of an aviation-security relevant offence.
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 persons 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.