Short Answer
A small, specific set of criminal convictions can disqualify you from holding an MSIC, but a criminal record alone does not automatically rule you out. What matters is the tier of the offence and the sentence imposed, not how long ago you were convicted: the Regulations set no lookback period. Where a criminal record is the only bar, there is a pathway for the Secretary to approve the issue of an MSIC anyway, and decisions can be reconsidered and then reviewed.
How disqualification actually works
The test is in subregulation 6.07B(3) of the Maritime Transport and Offshore Facilities Security Regulations 2003. You have an adverse criminal record if you have been convicted of a tier 1 or a tier 2 maritime-security-relevant offence, or convicted of and sentenced to imprisonment for a tier 3 offence. The three tiers are listed in Schedule 1. Neither the definition nor the Schedule contains any time limb.
| Category | What it covers | Outcome |
|---|---|---|
| Tier 1 offences | The ten offences in Schedule 1, clause 1: terrorism; treason, advocating terrorism or genocide, or urging violence; espionage or selling national secrets; engagement in hostile activities in a foreign country or involvement with foreign armed forces; weapons of mass destruction; hijacking or destroying an aircraft, vessel or offshore facility used in commerce or owned by the government; endangerment of an aircraft, airport, vessel, port or offshore facility used in commerce or owned by the government; piracy at sea; involvement with a criminal organisation or gang; and the smuggling or trafficking of people. | A conviction creates an adverse criminal record whatever the sentence. The regulation 6.08F discretionary approval pathway is open only to people who have not been convicted of a tier 1 offence, so it is not available here. |
| Tier 2 offences | Schedule 1, clause 2: assaulting or threatening a person on an aircraft, vessel or offshore facility, or in an airport or port; theft of an aircraft or vessel used in commerce or owned by the government; offences relating to questioning conducted by a person or body investigating serious crime or corruption; and offences under the Maritime Transport and Offshore Facilities Security Act 2003 or the Aviation Transport Security Act 2004 that are punishable by imprisonment, whether or not imprisonment was actually imposed. | A conviction creates an adverse criminal record whatever the sentence. The regulation 6.08F pathway remains available. |
| Tier 3 offences | Schedule 1, clause 3: twenty-six offences, including murder and manslaughter, assault, intimidation, firearms, explosives, arson, drug offences (item 14), theft, fraud, tax evasion, money laundering, bribery, perjury, false identity documents and computer offences. Traffic offences are excluded unless a vehicle was used as a weapon (item 6). | A conviction creates an adverse criminal record only if you were sentenced to imprisonment for it (r. 6.07B(3)(b)). A tier 3 conviction with no custodial sentence does not. The regulation 6.08F pathway remains available. |
| Discretionary approval by the Secretary | Where your criminal record is the only reason you are not eligible, and you have not been convicted of a tier 1 offence, you or your issuing body may apply to the Secretary for approval to issue the MSIC anyway (r. 6.08F(1)). | The Secretary must decide within 30 days (r. 6.08F(3)) and must weigh the nature of the offence, the length of any term of imprisonment, and how long it has been, and your conduct and employment history, since the sentence was served or imposed (r. 6.08F(5)). This is the one stage at which recency counts. |
| Reconsideration and review | If the Secretary refuses to approve the issue of an MSIC, you may apply to the Secretary for reconsideration of that decision (r. 6.08X(3)(a)(i)). If your issuing body refuses to issue you an MSIC, you may apply to the Secretary for review of that decision (r. 6.08X(3)(b)(i)). | Your case is reviewed rather than the decision being final. The Secretary's decision on reconsideration can then be reviewed by the Administrative Review Tribunal (r. 6.08Z(1)). |
What this means in practice
AusCheck's background check looks at court convictions, not charges or allegations. Whether a conviction disqualifies you turns on which tier the offence falls into and, for a tier 3 offence, whether a term of imprisonment was imposed. It does not turn on how long ago the conviction was, and the Regulations set no lookback period. Where an adverse criminal record is found, AusCheck gives your issuing body a disqualifying notice on the Secretary's behalf (r. 6.08D), and a person for whom a disqualifying notice is in force is not eligible to be issued an MSIC (r. 6.07K(1)).
Recency does count, but at the next stage. If your record is the only bar and the conviction was not for a tier 1 offence, the Secretary weighs the time that has passed and your conduct and employment history since the sentence when deciding whether to approve an MSIC anyway (r. 6.08F(5)(c) and (d)). That pathway takes extra time, so it pays to start early and be upfront about your history rather than let it surface later in the process.
One common misreading is worth naming. Drug offences are not in the tier 1 list. Production, possession, supply, import or export of an illegal drug or controlled substance is Schedule 1, clause 3, item 14, a tier 3 offence, so it creates an adverse criminal record only where a term of imprisonment was imposed, and it never disqualifies automatically. The same is true of assault, theft, fraud, firearms and arson offences.
Applying with a criminal record
If you know or suspect your record may be relevant, talk to your issuing body before you apply. ClientView can help you understand what documentation to prepare and what to expect from the approval and reconsideration processes, so there are no surprises partway through.
For the full legal breakdown, including the tier 1, tier 2 and tier 3 tables, the adverse criminal record test, and how a discretionary MSIC application works, read our detailed guide: MSIC disqualifying offences: criminal records, background checks and discretionary MSICs.
Frequently asked questions
Does any criminal record disqualify me?
No. Only convictions for the maritime-security-relevant offences listed in Schedule 1 are capable of disqualifying you, and a tier 3 offence does so only where you were sentenced to imprisonment for it. Even then, unless the conviction was for a tier 1 offence, the regulation 6.08F approval pathway is open to you.
Does it matter how long ago the conviction was?
Not to the disqualification test. The test in r. 6.07B(3) turns on the tier of the offence and the sentence, and the Regulations set no lookback period. How long ago it was matters only if the Secretary is asked to approve an MSIC despite your record, where it is one of the matters the Secretary must weigh (r. 6.08F(5)).
What if I'm disqualified?
Where your criminal record is the only bar and the conviction was not for a tier 1 offence, you or your issuing body can apply to the Secretary for approval to issue the MSIC anyway (r. 6.08F(1)). A refusal can be reconsidered (r. 6.08X) and then reviewed by the Administrative Review Tribunal (r. 6.08Z). These are formal processes, so seek guidance before you begin.
Do spent convictions count?
Usually you need not disclose convictions that have been quashed or that are spent (Crimes Act 1914, sections 85ZT and 85ZV). But convictions for certain offences do not become spent for the purpose of assessing whether to issue you with an MSIC (paragraph 85ZZH(k) of the Crimes Act 1914 and Schedule 2 to the Crimes Regulations 2019). Spent conviction schemes also vary by jurisdiction. Get independent advice about your own situation.
Apply for your MSIC or contact ClientView if you have questions about your eligibility before you apply.
Source: Maritime Transport and Offshore Facilities Security Regulations 2003 (Compilation No. 48, F2026C00073), including Schedule 1 (maritime-security-relevant offences) and regulations 6.07B, 6.07K, 6.08D, 6.08F, 6.08X and 6.08Z, and the Crimes Act 1914 (auscheck.gov.au, legislation.gov.au). This article is general information, not legal advice. Check current official sources before relying on it, and seek independent legal advice about your own circumstances.
