104Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016 and commencing 1 November 2016

#### 104 Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016 and commencing 1 November 2016 MSIC plans (1) Despite the repeal and substitution of regulation 6.07Q of the old regulations by item 19 of Schedule 2 to the amending regulation, an issuing body’s MSIC plan that is in effect under Division 6.1A of Part 6 of the old regulations immediately before 1 November 2016 has effect, during the issuing body’s implementation period, as if it were a plan of the kind described in regulation 6.07Q of the new regulations. (2) However, subclause (1) does not: (a) prevent the Secretary giving a direction to an issuing body under regulation 6.07S, or revoking an issuing body’s authorisation under regulation 6.07W because of the issuing body’s MSIC plan, on or after 1 November 2016; or (b) affect a direction given by the Secretary to an issuing body under regulation 6.07S before 1 November 2016 and not complied with before that day. (3) If subclause (1) applies to an issuing body’s MSIC plan, the issuing body must give the Secretary the document required by subregulation 6.07Q(4) of the new regulations on 1 November 2016, or as soon as practicable afterwards. (4) If: (a) subclause (1) applies to an issuing body’s MSIC plan; and (b) before the end of 1 December 2016, the issuing body submits to the Secretary a proposed variation of the issuing body’s MSIC plan under paragraph 6.07T(1)(b) for the purposes of complying with the new regulations; regulation 6.07T applies in relation to the proposed variation as if each reference to 30 days in subregulation 6.07T(3) were a reference to 60 days. Requirement to retain records and documents (5) The amendment made by item 71 of Schedule 2 to the amending regulation applies in relation to: (a) an application for an MSIC made to an issuing body on or after 1 November 2016; and (b) an MSIC issued as a result of such an application. Person directly involved in the issue of MSICs (6) Subject to subclause (7), the amendments made by items 23, 24, 29, 30 and 31 of Schedule 2 to the amending regulation apply to an issuing body on and after 1 November 2016. (7) The amendments made by items 23, 24, 29, 30 and 31 of Schedule 2 to the amending regulation apply, in relation to a person who was directly involved in the issue of MSICs at any time within the period of 2 years ending on 1 November 2016, at the earlier of the following times (but not before 1 November 2016): (a) the end of 2 years after the person’s most recent background check applied for under regulation 6.08BA of the old regulations was completed; (b) the start of 1 August 2017. Definitions (8) In this clause: > amending regulation means the Transport Security Legislation Amendment (Identity Security) Regulation 2016. > implementation period, in relation to an issuing body, means the period that begins on 1 November 2016 and ends: (a) if, before the end of 1 December 2016, the issuing body submits to the Secretary a proposed variation of the issuing body’s MSIC plan under paragraph 6.07T(1)(b) for the purposes of complying with the new regulations—at the end of the earlier of the following days: (i) the day the Secretary approves the variation in accordance with regulation 6.07T; (ii) 1 February 2017; or (b) otherwise—at the end of 1 December 2016. > new regulations means these Regulations as in force on and after 1 November 2016. > Note: 1 November 2016 is the day Part 1 of Schedule 2 to the amending regulation commences. > old regulations means these Regulations as in force immediately before 1 November 2016.