TERMS
AND CONDITIONS FOR ISSUE & USE OF AN MARITIME SECURITY IDENTIFICATION CARD
These are the terms and
conditions (“Terms”) on which your Maritime Security Identification Card (“MSIC”)
is issued to you.
These Terms describe your
responsibilities and, among other things, excludes and/or limits the liability
of the issuing body and 1-Stop. BEFORE SUBMITTING AN MSIC APPLICATION, PLEASE
READ ALL OF THE TERMS CAREFULLY. BY SUBMITTING AN MSIC APPLICATION, YOU AGREE
TO BE LEGALLY BOUND AND TO ABIDE BY THE TERMS.
If you do not agree with
any of the Terms, YOU MUST NOT SUBMIT THIS MSIC APPLICATION.
Introduction
1
1-Stop Connections
Pty Ltd ABN 58 102 573 544 reviews and processes any MSIC application submitted
by you pursuant to its capacity as an issuing body or as an agent for the
issuing body under the Maritime Transport and Offshore Facilities Security
Act 2003 (Cth) as amended ("Act") and the Maritime Transport
and Offshore Facilities Security Regulations 2003 (Cth) as amended (“Regulations”).
2
The purpose of an
MSIC is to identify you and confirm that you meet the minimum requirements to
work in a maritime security zone.
3
In the Terms:
(a)
“1-Stop” means 1-Stop
Connections Pty Ltd ABN 58 102 573 544 and in its capacity as agent for the
issuing body.
(b)
“you” or “your” means
yourself individually;
(c)
"issuing
body" has the meaning it is given in the Regulations and is the person
identified as the issuing body and principal in the MSIC application process;
and
(d)
"background
check", "contact details", "escort", "exempted
person", “maritime industry participant”, “maritime security plan”,
“maritime-security-relevant offence”, “maritime security zone” , "MSIC
plan", “operational need”, "properly display", "Secretary",
"valid MSIC" and "visitors" have the meanings they are
given in the Regulations.
Acknowledgement
4
By applying for
an MSIC you acknowledge and agree that:
(a)
the issue to, and
use by, you of your MSIC is subject to the Act, the Regulations, the Terms, and
any applicable law;
(b)
no claim or
allegation arising or in any way connected with the issue or use of an MSIC will
be made by any person (including you) against 1-Stop;
(c)
the issuing body
is acting as the agent or trustee on behalf of and for the benefit of 1-Stop who
will, to this extent, be or be deemed to be a party to the Terms; and
(d)
every exemption,
limitation, condition, right, defence and immunity available to the issuing
body will be available and will extend to protect 1-Stop
(e)
These terms and
conditions are based on the current regulations for the Maritime Transport and
Offshore Facilities Security Act 2003 (Cth) as amended ("Act") and
the Maritime Transport and Offshore Facilities Security Regulations 2003 (Cth)
as amended. Should these acts be further amended to the extent that they would
vary anything related to these terms and conditions, 1-Stop and the issuing
body will notify you by placing a notice on this web site. It is your
responsibility to check the site to verify if changes have occurred.
Applying for your MSIC
5
To apply for an MSIC, you must complete, and provide to 1-Stop, an MSIC application in the prescribed on-line
format. The on-line application must be completed within 15 days of receiving
a login to the 1-Stop MSIC Application after which time it will expire and you
will have to re-apply.
6
Your application
must include:
(a)
all information
required to be completed in the application form;
(b)
information which
is true and correct;
(c)
all forms of
identification detailed in the application form;
(d)
your consent to the
issuing body and 1-Stop using your information to evaluate the application;
(e)
your consent to a
background check; and
(f)
your signature,
certifying that the information and identification provided is correct and
valid.
7
As the applicant,
you are required to present your application form and original Proof of
Identity documents to Australia Post prior to the Forms Expiry Date printed on
the MSIC Application Form. Failure to lodge the application prior to the forms’
expiry date will result in expiry of the application
8
The issuing body
or 1-Stop may issue you with an MSIC in accordance with the requirements of the
Regulations and the Terms. Review of an application will include the request
by 1-Stop of various records checks including proof of identity, citizenship
and visa records.
9
The issuing body or
1-Stop may refuse your application for an MSIC for any lawful reason, including
if:
(a)
you do not provide
all information and identification required by the application form;
(b)
you include
information in the application form that 1-Stop reasonably considers is false
or misleading; or
(c)
it is required to
do so by the Regulations or other applicable law.
10
If your
application is refused, in certain circumstances, you may have a right to
appeal to the Secretary in accordance with the Regulations. As the applicant,
it is your responsibility to lodge the appeal direct to the Secretary.
The Secretary
Attention: Identity Security Section
Department of Infrastructure and Transport
GPO Box 594
Canberra ACT 2601
or email: ID.Security@infrastructure.gov.au
11
As the applicant,
it is your responsibility to monitor the progress of your application using the
application login that 1-Stop has assigned to you and to monitor the News
section at the 1-Stop website www.1-stop.biz
for any changes that may affect the issuance or use of your MSIC.
Using your MSIC
12
You acknowledge and
warrant that:
a.
you have an
operational need to hold an MSIC, namely, your business or occupation interests
require, or will require, you to have unmonitored access to a maritime security
zone at least once a year; and
b.
you will only
enter and remain in a maritime security zone if you have a lawful purpose for
being in that zone.
c.
your MSIC is for
your use only;
d.
you will keep
your MSIC secure at all times;
e.
you will not give
your MSIC to anyone else to use;
f.
you will not
reproduce or attempt to reproduce the MSIC in any form
g.
you will report
any loss, damage or theft of your MSIC immediately in accordance with clause 28 of the Terms.
Displaying your MSIC
13
You must properly
display your valid MSIC at all times in a maritime security zone.
14
Your MSIC must be
attached to your outer clothing and displayed:
a.
above waist
height;
b.
at the front or
side of your body; and
c.
with the whole
front of the MSIC clearly visible and unobscured.
15
It is an offence
under the Regulations to fail to properly display a valid MSIC in a maritime
security zone unless you are an exempted person.
Period of Issue
16
Your MSIC will be issued for the maximum period of time as prescribed in the regulations which is:
(a)
Standard MSIC is valid for either 2 or 4 years from the date of completion of your background check
(b)
Provisional MSIC expires six (6) months after the person’s 18th birthday
And is subject to prior cancellation
as prescribed by the Regulations
Ownership of your MSIC
17
Your MSIC remains the property of the issuing body at all times.
Escorting Visitors
18
Your MSIC is an
identification card and does not entitle you to escort visitors within a
maritime security zone. If, however, you are permitted to escort visitors under
a maritime security plan, then when doing so, you must:
a.
display your MSIC
at all times unless exempted under the Regulations;
b.
escort and
continuously monitor that visitor in accordance with the procedures set out in
the applicable maritime security plan; and
c.
ensure that the
visitor is entitled to enter the relevant maritime security zone.
19
It is an offence
under the Regulations if you fail to properly escort and supervise a visitor in
accordance with the maritime security plan applicable to the maritime security
zone that is visited.
Matters Requiring Immediate Notification to 1-Stop
20 You must immediately notify 1-Stop,
in writing if any of the following occur:
a.
you no longer
have an operational need to have access to a maritime security zone;
b.
you are no longer
entitled to work in Australia;
c.
you change your
residential address, change your name or contact details;
d.
you change your
employer;
e.
you are convicted
of a disqualifying maritime-security-relevant offence or convicted of any other
maritime-security-relevant offence and sentenced to imprisonment.
f.
you discover that
the information you gave in your MSIC application was incorrect in any way
Cancellation of your MSIC
21
The issuing body
or 1-Stop may immediately cancel your MSIC by notice in writing for any lawful
reason including but not limited to where:
a.
you fail to
comply with the Terms or the requirements of the Regulations;
b.
you use an MSIC
for an unauthorised purpose;
c.
you give your
MSIC to someone else for use in a maritime security zone or any other
unauthorised purpose;
d.
you enter a maritime
security zone for a purpose other than your operational need;
e.
you fail to
display a valid MSIC in accordance with the Terms;
f.
you fail to
notify 1-Stop of any of the matters required by clause 20; or
g.
the issuing body
or 1-Stop determines that the information you have given in your MSIC
application is false or misleading.
h.
the Secretary
finds out that the MSIC issued was not issued in accordance with the MSIC plan
of the issuing body and notifies the issuing body or 1-Stop in writing.
i.
you fail to
report in writing to 1-Stop of any circumstances listed in Clause 20 of these
Terms
j.
the Issuing
body or 1-Stop determines that you DO NOT have an operational need to hold
an MSIC
22
There are also
circumstances prescribed by the Regulations by which the issuing body or 1-Stop
must cancel your MSIC. These circumstances include, but are not limited to,
where:
a.
the issuing body
or 1-Stop is notified of an adverse security assessment relating to you;
b.
you no longer
have an operational need to hold an MSIC;
c.
you ask 1-Stop to
cancel your MSIC; and
d.
the Secretary
finds out that the MSIC issued was not issued in accordance with the MSIC plan of
the issuing body and notifies the issuing body or 1-Stop in writing.
Suspension of your
MSIC
23
The issuing body or
1-Stop must immediately suspend your MSIC by notice in writing for any lawful
reason including but not limited to where;
a.
1-Stop is advised
by the Secretary of the Department the card is to be suspended where you as the
holder of the MSIC;
i. is convicted of a maritime security
related offence and;
ii. have not yet been sentenced for the
offence
24
The period of suspension
is;
a.
If you are not
sentenced to imprisonment, the MSIC is suspended until the day after the day your
sentence is imposed
b.
If you are
sentenced to imprisonment (including periodic detention, home-based detention
and detention until the rising of the court), the MSIC is suspended until it is
cancelled in accordance with clause 21 of the Terms
Return of your MSIC
25 You must return your MSIC to 1-Stop 30
days or less after:
a.
your MSIC has
expired;
b.
you are notified
that your MSIC has been cancelled
c.
your MSIC has
been damaged, altered or defaced (permanently or temporarily); or
d.
you become aware
of circumstances that will result in you not having an operational need to hold
an MSIC for 12 months.
26
You must return
your MSIC to 1-Stop 7 days or less after
a.
You have been
advised in writing your card has been suspended
27
It is an offence
under the Regulations if you fail to return your MSIC to 1-Stop as required by clause
25 & 26.
Loss, Theft or Destruction of your MSIC
28 If your MSIC has been lost, stolen or
destroyed, you must:
a.
immediately
notify 1-Stop on 1300 881-055;
b.
make a report, in
the form of a statutory declaration, of the loss or destruction to 1-Stop
within 7 days of becoming aware of the loss, or destruction; and
c.
if your MSIC has
been stolen:
i. make a report of the theft to the
police; and
ii. supply a copy of a police report or
other information issued by the police regarding the theft to 1-Stop within 7
days of becoming aware of the theft.
29
It is an offence
under the Regulations to not report the theft, loss or destruction of your MSIC.
Security Related
Offences
30
If you have been
convicted of a security related offence you must;
a.
In writing, not
later than 7 days after the day of the conviction about each of the following
matters;
i. Your name, date of birth and
residential address
ii. The court attended by the holder in
relation to the offence and
iii. The date of the conviction
31
If you are sentenced
to Imprisonment you must;
a.
In writing,
immediately notify 1-Stop or AusCheck of the imprisonment and the term thereof
32
It is an offence
under the Regulations to not report a criminal conviction and/or imprisonment
associated with a maritime related security offence
Additional Security Access
Requirements
33
The issue of an
MSIC to you does not guarantee you access to a maritime security zone, rather
it is a minimum requirement for access to a maritime security zone. You may
also be required to satisfy additional security requirements imposed by
maritime industry participants in order to gain access to secure areas of
maritime security zones or any other area. It is your responsibility to ensure
that you complete the necessary induction processes, and comply with any such
additional requirements, in order to gain access.
Fees and Payment
34
Fees
You acknowledge that:
(a)
The fee levied by
1-Stop is for the full application process and not exclusively for the issuance
of the MSIC card
(b)
Failure to
provide the correct information in accordance with clause 6 of the Terms may
result in a new application that will attract a new application fee
(c)
After an application
that has been lodged and accepted by 1-Stop or their agent, it is found to contain
incorrect information that was supplied by the applicant or your application has
been refused under the condition of clauses 9 and 10 of the Terms, then No Refund
of fees will be payable
(d)
The MSIC will be destroyed if the card has not been collected within 12 months of the card being
issued. A new application will be required attracting the full application fee
(e)
Failure to
collect the MSIC within the required timeframe as indicated on the Card
Collection Notification will attract an administration fee to cover the cost of
re-sending the card to the location indicated on the card collection notice
(f)
1-Stop reserves
the right to levy any additional fees associated with the exception handling of
the application that is directly associated with non compliance of the
application process or usage of the card caused by the applicant
(g)
No refund of fees
will be payable where the card has been suspended or cancelled before the due
expiry date
1-Stop warrants that the schedule of
fees associated with the MSIC application will be published on the 1-Stop
website www.1-Stop.biz.
35
Payment
Payment
for the MSIC application fee is required at the time of application and:
(a)
May be paid
online as part of the application process using the 1-Stop ComPay application
or;
(b)
Paid at Australia
Post upon presentation of your application
36
Failure to Pay
1-Stop reserves the right
to withhold or cancel an MSIC if the payment terms are not met.
Liability
37 To the maximum extent permissible by
law, the issuing body, its employees and agents exclude all liability to
you for any, or the consequences of any, loss or damage, including, without
limitation, liability arising in contract or tort (including negligence) which
arises out of or is in any way connected with the issue or use of a MSIC.
38
Where the
exclusion of liability in clause 37 above is not permissible by law, the liability of the
issuing body, its
employees and agents shall, at its discretion, be limited to:
a.
in the case of
the supply of goods, payment of the cost of replacing the goods or of acquiring
equivalent goods or of the cost of having the goods repaired; or
b.
in the case of
the supply of services, payment of the cost of having the services supplied
again.
Indemnity
39
You agree to
indemnify the issuing body, its employees and agents for any,
and the consequences of any, claim or demand made by any third party due to or
arising out of or in connection with this issue or use of your MSIC, any breach
by you of the Terms or your infringement of any rights of a third party.
Privacy Notice
40
1-Stop collects
personal information that you provide in connection with your MSIC application
for the purpose of reviewing, processing and administering that application.
In the course of processing and evaluating your application in accordance with
the Regulations, the issuing body and 1-Stop will be required to disclose your
personal information to, and collect your personal information from third
parties including maritime industry participants and relevant government
authorities. In particular, the issuing body and 1-Stop may also disclose
limited personal information (such as contact details) to third parties such as
Government, other issuing bodies and facilities that also use the MSIC as an
Access card, card manufacturers and identity checking bodies and any other
bodies that it engages to assist with provision of the MSIC application
service. The issuing body and 1-Stop will not provide your personal
information to any other third party except where required to do so by law or
where your consent has been provided.
41
By submitting an
MSIC application, you expressly consent to the collection, uses, and disclosure
of your personal information as described in the Terms.
42
If you do not
provide the personal information required by the MSIC application form or
process, the issuing body or 1-Stop will not be able to provide you with an
MSIC.
43
You have the
right, subject to exceptions specified in the Privacy Act 1988 (Cth) and
other applicable law, to access personal information held about you by 1-Stop. You
can view and update contact and other selected details directly on the 1-Stop
database through the web site You can also request access to
information by contacting the 1-Stop Help Desk via email at: helpdesk@1-Stop.biz.
44
If you would like
any further information about how we handle your personal information or if you
have any questions or comments about privacy issues, please contact the 1-Stop
help desk at: helpdesk@1-Stop.biz.
Governing law and jurisdiction
45
The Terms are
governed by and construed in accordance with the laws of the State of New South Wales, and you irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of New South Wales.
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