Loading

Legislative information and reforms

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Changes to the ASIC and MSIC schemes

The aviation and maritime security identification card (ASIC and MSIC) schemes are important. They help prevent unlawful interference and serious criminal influence in the aviation, maritime, and offshore oil and gas sectors.

​​​Single issuing authority​

​The Department is implementing a single government issuing authority f​or the ASIC and MSIC schemes. This will provide a streamlined, efficient, secure and seamless service to ASIC and MSIC applicants and holders.​

The Department is consulting with issuing bodies (IB)s on the details of the transitional arrangements. Until your IB has transitioned to the single government issuing authority, ASIC and MSIC applicants should continue to apply as per existing procedures through an IB listed on the ASIC issuing bodies​​ or MSIC issuing bodies pages.

Once your issuing body has transitioned to the single government issuing authority, applicants will have access to the new online portal and information and services—including helpdesk access—from one centralised place.

​​​Criminal intelligence assessments

​From 22 June 2022, the background checks for ASIC and MSIC applicants will be expanded to include a criminal intelligence assessment. The assessment will be facilitated by the Australian Criminal Intelligence Commission (ACIC). The ACIC will assess whether there is intelligence or information that suggests that a person may commit, or assist another person to commit a 'serious and organised crime', as defined in the Australian Crime Commission Act 2002. If so, the individual may be issued an adverse criminal intelligence assessment, which may prevent them from being issued an ASIC or MSIC.

Being the subject of a rumour will not be sufficient to meet the threshold for the ACIC to issue an adverse assessment, nor will simply being a relative of a person who is involved in serious and organised crime.​

Appeals mechanism for adverse criminal intelligence assessments

Individuals who receive an adverse criminal intelligence assessment are unable to apply to the Department for a discretionary review. If you were found to have an adverse criminal intelligence assessment, you may apply for merits review to the Security Division of the Administrative Appeals Tribunal (AAT).

Difference between criminal intelligence assessment and the criminal history check

While both criminal intelligence assessments and criminal history checks are conducted by the ACIC, they are different checks, and hold different appeals mechanisms. See the below table for appeals mechanisms available for each check.

Table 1: Criminal history and Criminal intelligence check​ appeals mechanisms

Criminal history assessment
Criminal intelligence assessment
Based on
Criminal convictions only
Intelligence holdings
Discretionary review
For Tier 2 and Tier 3 offences only
No​
Reconsideration
For Tier 2 and Tier 3 offences only​
No​
Appeal to the AAT
Yes, application may be made to the AAT for any offence

Yes, application may be made to the Security Division of the AAT

​​

​​The introduction of a reconsideration mechanism for the ASIC scheme

In order to better align the ASIC and MSIC schem​es, ASIC discretionary card applicants will now have the opportunity to seek a reconsideration of a decision to refuse a discretionary card by the Department, prior to appealing to the AAT. This mechanism already exists under the MSIC scheme.

Eligibility criteria

In August 2021, new eligibility criteria were introduced into background checks for ASIC and MSIC applicants.​ ​Applicants will continue to be assessed against the eligibility criteria for a criminal history check, in addition to the criminal intelligence assessment.

The new criteria are the same for both ASICs and MSICs. The tiered offences tables explaining the new criteria are below.

Table 2: Tier 1 Aviation and Maritime security relevant offences
ItemOffence
1
An offence involving terrorism
2
An offence involving treason, advocating terrorism or genocide, or urging violence​
3
An offence involving espionage or selling national secrets​
4
An offence relating to engagement in hostile activities in a foreign country or involvement with foreign armed forces
5
An offence relating to weapons of mass destruction
6
An offence involving hijacking or destroying an aircraft, vessel or offshore facility that is used in commerce or owned by the government
7
An offence involving endangerment of an aircraft, airport, vessel, port or offshore facility that is used in commerce or owned by the government
8
An offence involving an act of piracy at sea
9
An offence relating to involvement with a criminal organisation or gang
10
An offence involving the smuggling or trafficking of people​

​​
Table 3: Tier 2 Aviation and Maritime security relevant offences
ItemOffence
1
An offence relating to assaulting or threatening a person on an aircraft, vessel or offshore facility, or in an airport or port
2
An offence relating to theft of an aircraft or vessel that is used in commerce or owned by the government​
3
An offence relating to questioning conducted by a person or body investigating serious crime or corruption
4
An offence under the Act that is punishable by imprisonment (whether or not the person is in fact sentenced to imprisonment)
5
An offence under the Maritime Transport and Offshore Facilities Security Act 2003 that is punishable by imprisonment (whether or not the person is in fact sentenced to imprisonment)
​​​
Table 4: Tier 3 Aviation and Maritime security relevant offences
ItemOffence
1
Murder or manslaughter
2
An offence relating to false imprisonment, deprivation of liberty or taking a hostage​
3
An offence relating to assault (other than offences referred to in clauses 1 and 2 of this Schedule), including indecent or sexual assault​
4
An offence relating to the sexual abuse or sexual exploitation of a child
5
An offence relating to intimidation (other than offences referred to in clauses 1 and 2 of this Schedule)
6
An offence relating to endangerment of others (other than offences referred to in clauses 1 and 2 of this Schedule), but not including traffic offences except where a vehicle is used as a weapon
7
An offence relating to affray or riot
8
An offence relating to assaulting or resisting a law enforcement officer or other public officer
9
An offence of impersonating a law enforcement officer or other public officer
10
An offence of racial hatred or racial vilification​​
11
An offence relating to firearms, ammunition, weapons or the use of an item as a weapon​​
12
An offence relating to explosives or explosive devices​​
13
Arson or an offence of a kind equivalent to arson​​
14
An offence relating to production, possession, supply, import or export of an illegal drug or controlled substance​​
15
An offence relating to illegal import or export of goods, fauna or flora
16
An offence relating to interference with goods under customs control
17
An offence relating to extortion or blackmail​​
18
An offence relating to theft (other than offences referred to in clauses 1and 2 of this Schedule)​​
19
An offence relating to forgery or fraud
20
An offence relating to tax evasion​​
21
An offence relating to money laundering or currency violations​​
22
An offence relating to dealing with proceeds of crime​​
23
An offence relating to bribery or corruption​​
24
An offence of perjury or otherwise relating to perversion of the course of justice​​
25
An offence relating to use of a false identity or false identity documents
26
An offence relating to the unauthorised use, access, modification or destruction of data or electronic communications​​
​​​

Communication materials