Terms & Conditions for the Issue and Use of an MSIC

Terms & Conditions for the Issue and Use of an MSIC

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 or signed consent from your parent or guardian if you are under 14 years of age 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) An MSIC issued to a person under 18 years old will expire the lesser of six (6) months after the person’s 18th birthday or the background check end date
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 outhttps://www.1-stop.biz/wp-admin/post-new.php?post_type=page# 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.