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Monday, 27 March 2006
Page: 191


Senator Ludwig asked the Minister representing the Minister for Transport and Regional Services, upon notice, on 9 December 2005:

With reference to the Australian Security Intelligence Organisation:

(1)   For each of the financial years 2002-03 to 2004-05 to date: (a) which agencies (including departments and non-government entities) requested Maritime Security Identification Cards (MSICs); (b) how many requests were received from each agency; and (c) for each agency, how many requests were: (i) vetted, and (ii) granted.

(2)   Does the issuing agency have a procedure for cancelling MSICs in cases where they are reported missing; if so, what is the procedure; if not, why not and to whom are missing, lost or stolen MSICs reported.

(3)   For each of the financial years 2002-03 to 2004-05 to date, how many MSICs have been reported lost, missing or stolen and can a breakdown be provided by agency.

(4)   For each of the financial years 2003-04 to 2005-06 to date, how many MSICs have expired and been returned to the issuing agency.

(5)   Does the issuing agency have a procedure for cancelling MSICs in cases where the recipient has been disqualified; if so, what is the procedure; if not, why not.


Senator Ian Campbell (Minister for the Environment and Heritage) —The Minister for Transport and Regional Services has provided the following answer to the honourable senator’s question:

(1)   Maritime Security Identification Cards can only be issued by approved MSIC Issuing Bodies. Any organisation seeking approval for MSIC Issuing Body status must apply in writing to the Secretary of the Department of Transport and Regional Services for authorisation, and include a draft Issuing Body MSIC plan consistent with the regulations for assessment. The following may apply, in writing, to the Secretary for authorisation as an Issuing Body: •       a maritime industry participant; •       a Body representing participants; •       a Body representing employees of participants; •       a Commonwealth authority. A participant may engage an agent to issue MSICs and the agent may apply to be an Issuing Body. MSIC Issuing Bodies are authorised by the Secretary of DOTARS to issue MSICs to persons who have an operational need to access a maritime security zone and offshore security zone, and administer the Issuing Body MSIC plan consistent with the regulations. An Issuing Body can assume the full responsibilities for processing applications for MSICs, producing MSICs and issuing MSICs to applicants. Alternatively, Issuing Bodies are able to subcontract some of the processes for MSIC issue. In such instances, the Issuing Body will retain full responsibility for the overall MSIC production and issue process consistent with their Issuing Body MSIC plan that is to be approved by the Secretary of the Department. A maritime industry participant can also engage an agent to be an Issuing Body consistent with regulation 6.07O(2). However, the agent must submit to the Secretary of DOTARS an application to be an Issuing Body, along with an accompanied draft Issuing Body MSIC plan that must be approved by the Secretary. The MSIC scheme commenced in November 2005 accordingly there is no information for the financial years 2002-03, 2003-04 and 2004-05. The initial rollout of the MSIC scheme was due to start on 28 November 2005 but was delayed until the end of January 2006 because MSIC Issuing Bodies at Melbourne experienced difficulties in establishing their IT systems. The Background Checking Unit in Melbourne has received over 200 applications for AFP criminal history checks and ASIO security assessments from the Port of Brisbane Issuing Body.

(2)   Yes, as specified in the Maritime Transport and Offshore Facilities Security Regulations (MTOFSR) 2003. There are strict regulations that govern issuing and accountability for cards that apply to both Issuing Bodies and card holders.

(3)   Each MSIC Issuing Body is required to maintain an MSIC register for inspection by a maritime security inspector on request, including details of lost, stolen or destroyed MSICs. Where an MSIC is lost, stolen or destroyed, the holder must notify the MSIC Issuing Body, in the form of a Statutory Declaration, within seven days of becoming aware of the loss, theft or destruction. Details of lost, stolen or destroyed MSICs are to be recorded by the MSIC Issuing Body on their MSIC register. In practice stolen cards are also reported to the Police for investigation.

(4)   There is no requirement for an MSIC Issuing Body to provide this information to DOTARS. The onus is on the holder of the MSIC to report to his or her original Issuing Body that they have lost or destroyed cards. This does not apply if the MSIC is destroyed by the original Issuing Body. The holder of the MSIC must report a stolen MSIC to the police and give the original Issuing Body a copy of the police report.

(5)   Yes. The procedure is specified in the Maritime Transport and Offshore Facilities Security Regulations.