Proposed new eligibility criteria for the ASIC and MSIC schemes
Pending legislative approval, new eligibility criteria for the ASIC and MSIC schemes will be introduced.
Find out how these changes will affect you.
What is an aviation-security-relevant offence?
An aviation-security-relevant offence is an offence against a law of the Commonwealth, or of a State or Territory, or of any other country or part of a country, as per regulation 6.01 of the
Aviation Transport Security Regulations 2005.
Aviation-security-relevant offences include:
- An offence involving dishonesty e.g. fraud, identity fraud, theft, bribery or corruption.
- An offence involving violence or a threat of violence e.g. aggravated assault, threat to murder.
- An offence involving intentional damage to property or a threat of damage to property e.g. arson, threat to cause fire.
- An offence constituted by the production, possession, supply, import or export of a substance that is:
- a narcotic substance within the meaning of the
Customs Act 1901; or
- a drug, within the meaning of:
- Regulation 10 of the Customs (Prohibited Exports) Regulations 1958; or
- Regulation 5 of the Customs (Prohibited Imports) Regulations 1956.
- An offence, of a kind dealt with in Part II of the
Crimes Act 1914, against the Government of:
- the Commonwealth or a State or Territory; or
- a country or part of a country other than Australia (includes treachery, sabotage, destroying Commonwealth property).
- An offence against Part 2 of the
Crimes (Aviation) Act 1991 (which includes hijack and destruction of aircraft).
- An offence against Part 5.3 of the Criminal Code (which deals with terrorism related offences).
- An offence constituted by the production, possession, supply, import or export of explosives or explosive devices.
What is a maritime-security-relevant offence?
A maritime-security-relevant offence is an offence against a law of the Commonwealth, or of a State or Territory, or of any other country or part of a country.
Maritime-security-relevant offences include:
Part 1. Disqualifying offences
A person convicted of an offence mentioned in Part 1 is disqualified from holding an MSIC and cannot apply for a discretionary card.
The person may seek reconsideration through the Administrative Appeals Tribunal (AAT).
1.2 treason, sedition, espionage or selling a national secret
1.3 weapon of mass destruction
1.4 hijacking or destruction of an aircraft, vessel or offshore facility
A person is initially ineligible for an MSIC where they have been convicted of an offence mentioned in Part 2, and sentenced to imprisonment for that offence. However, a person with an offence in this category may apply for a discretionary card.
2.1 armed attack relating to an aircraft, airport, vessel, port or offshore facility
2.2 unlawful interference with maritime transport, an offshore facility or aviation
2.3 threat to endanger an aircraft, airport, vessel or port
2.4 theft of an aircraft or vessel
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
- aggravated sexual assault
- assault with use of weapon
- assault in company
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 items 1.1 to 1.4 and 2.1 to 2.31.
What if my circumstances change?
You are required to report all changes to your name within 30 days after the change.
You will be required to provide a current and valid document, showing the new name, which was issued by government.
What if I am convicted of a security-relevant offence while holding an ASIC or an MSIC?
If you hold an ASIC and are convicted and sentenced to imprisonment for an aviation-security-relevant offence or you hold an MSIC and are convicted and sentenced to imprisonment for a maritime-security-relevant offence, you must notify your issuing body or the Secretary of the Attorney General's Department (contact AusCheck for details) in writing, within 7 days. This is referred to as ‘self-reporting’. Depending on the nature of your offence, your card may be cancelled.
Review and appeals
Review and appeal mechanisms exist for applicants or cardholders with the aviation or maritime-security-relevant offences where an application was refused or a card cancelled.