Last reviewed 6 July 2026.
A criminal record does not automatically stop every person from getting an MSIC.
For MSIC purposes, the legal term is maritime-security-relevant offence. These offences are listed in Schedule 1 of the Maritime Transport and Offshore Facilities Security Regulations 2003. The regulations group them into Tier 1, Tier 2 and Tier 3 offences.
A person has an adverse criminal record for MSIC purposes if they:
AusCheck also uses the term discretionary MSIC. This means a person may apply for approval to be issued an MSIC even though they are otherwise not eligible because of certain criminal convictions. AusCheck says this applies where the person has been found not eligible due to an adverse criminal record from a Tier 2 or Tier 3 maritime security-relevant offence.
In legal terms, the key provision is regulation 6.08F, which allows an issuing body or applicant to apply to the Secretary for approval to issue an MSIC if the person is otherwise ineligible because of an adverse criminal record, provided the person has not been convicted of a Tier 1 offence.
People often search for MSIC disqualifying offences.
The legislation itself does not use that phrase as the main offence category. The law refers to:
This page uses plain English to explain those legal terms.
An MSIC is a physical card showing that a person has had a valid background check and is not considered a security threat to a seaport or offshore oil or gas facility. AusCheck states that an MSIC is not an access card on its own. Facility operators still decide whether to let a person into secure areas.
After a person applies, AusCheck arranges for partner agencies to complete the background check.
This page focuses on the criminal history part of the MSIC process. Other background check outcomes, including security and criminal intelligence outcomes, may also affect whether an MSIC can be issued.
Under regulation 6.07B, a person has an adverse criminal record if the person:
That distinction matters.
A Tier 3 conviction does not create an adverse criminal record by itself. For Tier 3, the person must also have been sentenced to imprisonment. The regulations also say that a sentence includes a suspended sentence.
| Situation | What it means for MSIC eligibility |
|---|---|
| No maritime-security-relevant conviction | The criminal history part of the check may not prevent issue, subject to the rest of the background check and the other MSIC criteria. |
| Tier 1 conviction | The person has an adverse criminal record. A disqualifying notice may be issued. The ordinary regulation 6.08F approval pathway is not available for a person convicted of a Tier 1 offence. |
| Tier 2 conviction | The person has an adverse criminal record. AusCheck describes this as a situation where a discretionary MSIC application may be available. |
| Tier 3 conviction with imprisonment | The person has an adverse criminal record. AusCheck describes this as a situation where a discretionary MSIC application may be available. |
| Tier 3 conviction without imprisonment | The Tier 3 offence alone does not meet the adverse criminal record test in regulation 6.07B(3), because the person must also have been sentenced to imprisonment. |
| Adverse security assessment | This may prevent the issuing of an MSIC. |
| Adverse criminal intelligence assessment | This may prevent the issuing of an MSIC where the assessment indicates that preventing the person from holding an MSIC is necessary or desirable to prevent the use of maritime transport or an offshore facility in connection with serious and organised crime. |
Tier 1 is the most serious category. A person convicted of a Tier 1 offence has an adverse criminal record for MSIC purposes.
Schedule 1 lists Tier 1 offences involving:
A person convicted of a Tier 2 offence has an adverse criminal record for MSIC purposes.
Schedule 1 lists Tier 2 offences relating to:
For the two Act-based categories, Schedule 1 expressly says the offence is relevant whether or not the person is in fact sentenced to imprisonment.
A Tier 3 offence only creates an adverse criminal record if the person was convicted and sentenced to imprisonment.
Schedule 1 lists Tier 3 offences relating to:
A disqualifying notice is not the same thing as every adverse criminal record.
Regulation 6.08D says a disqualifying notice applies if the background check of an MSIC applicant reveals that:
The Secretary AGD must send the person a written disqualifying notice that informs the person about the background check result and the effect of regulation 6.07K.
AusCheck uses the term discretionary MSIC. AusCheck says a person can apply for a discretionary MSIC in certain circumstances, and that the Secretary of the Department of Home Affairs, or an authorised delegate, can approve or refuse to grant a discretionary MSIC if the person is not eligible based on their background check.
AusCheck says a person can apply for a discretionary MSIC if AusCheck has told them they are not eligible due to an adverse criminal record from a conviction for a Tier 2 or Tier 3 maritime security-relevant offence.
In legal terms, this is the regulation 6.08F pathway. Regulation 6.08F allows an issuing body or applicant to apply to the Secretary, in writing, for approval to issue an MSIC to a person who is not eligible only because they have an adverse criminal record, or because they have an adverse criminal record and do not yet have operational need, provided they have not been convicted of a Tier 1 offence.
If the Secretary approves the issue of an MSIC before the person has operational need, the MSIC must not be issued until the person has operational need.
For accuracy, it is best to say this carefully.
AusCheck calls it a discretionary MSIC, but the regulations do not create a separate card category called a discretionary MSIC. The legal mechanism is an approval by the Secretary to issue an MSIC to a person who would otherwise be ineligible because of an adverse criminal record, within the limits of regulation 6.08F.
AusCheck says discretionary cards look like regular MSICs and may have conditions, such as:
As with any MSIC, facility operators still decide whether to allow a person into secure areas.
AusCheck says a person must wait until AusCheck sends a final letter telling them they are not eligible for an MSIC. The person then has 28 days from the date of that letter to apply for a discretionary card.
AusCheck also says there is no fee for a discretionary card application, although the applicant must pay any costs of getting supporting documents such as court transcripts or medical letters.
Regulation 6.08F requires the Secretary to decide whether the person constitutes a threat to the security of maritime transport or an offshore facility. The Secretary must consider:
The Secretary may give approval subject to a condition.
AusCheck says an applicant must provide enough information to show they do not pose a risk to maritime security. AusCheck lists examples including:
ClientView can help applicants understand the process and prepare the documents required for lodgement. ClientView cannot guarantee the outcome of an AusCheck background check, discretionary application or Secretary's decision.
The regulations also provide a pathway for some cancelled MSICs.
If an MSIC is cancelled under paragraph 6.08M(1)(ca) or 6.08M(1)(e), the former holder or the issuing body may apply to the Secretary for the cancellation to be set aside. The application must be made within 28 days after the former holder is told about the cancellation.
For an MSIC cancelled because of an adverse criminal record, the Secretary must decide whether to set aside the cancellation. Before making that decision, the Secretary must decide whether the former holder constitutes a threat to the security of maritime transport or an offshore facility by considering matters including the term of imprisonment, conduct since the term was served, whether the offence occurred before the person became an MSIC holder, the employment impact, the maritime security zone location and anything else relevant known to the Secretary.
The Secretary may set aside a cancellation subject to a condition.
If an MSIC applicant or holder is convicted and sentenced for a Tier 1 or Tier 2 offence, or convicted and sentenced to imprisonment for a Tier 3 offence, they must notify the issuing body or the Secretary in writing within 7 days after being sentenced.
An MSIC confirms that a person has undergone a background check. It does not automatically give the person access to a maritime security zone. Facility operators still manage access under their own legal and operational responsibilities.
Employers should be careful not to make their own assumptions about whether a person is disqualified. The formal decision pathway sits with AusCheck, the Department of Home Affairs and, where applicable, the Secretary or authorised delegate.
No. AusCheck looks at security-relevant offences for the MSIC scheme. The relevant maritime security offence categories are set out in Schedule 1 of the Maritime Transport and Offshore Facilities Security Regulations 2003.
No. Under the adverse criminal record test, a Tier 3 offence only creates an adverse criminal record if the person was convicted and sentenced to imprisonment.
The ordinary regulation 6.08F pathway is not available where the person has been convicted of a Tier 1 offence. Regulation 6.08F expressly requires that the person has not been convicted of a Tier 1 offence.
Yes, in some cases. AusCheck states that a person can apply for a discretionary MSIC if AusCheck has found them not eligible due to an adverse criminal record from a Tier 2 or Tier 3 maritime security-relevant offence.
AusCheck says the Secretary of the Department of Home Affairs, or an authorised delegate, can approve or refuse to grant a discretionary MSIC.
No. AusCheck states that an MSIC is not an access card on its own. Facility operators still decide whether to let a person into secure areas.
This page is based on the following official sources:
This page provides general information only. It is not legal advice and should not be relied on as legal advice.
MSIC eligibility can depend on the exact offence, jurisdiction, sentence, timing, criminal history information, security assessment information, criminal intelligence information and the facts of the individual case.
ClientView can help applicants understand the MSIC application process, prepare application material and deal with issuing body requirements. ClientView does not decide AusCheck background check outcomes, discretionary MSIC applications, security assessments, criminal intelligence assessments or Secretary's decisions.
If your criminal history may affect your MSIC, or if you receive a proposed decision, final decision, disqualifying notice, cancellation notice or request for information, consider seeking independent legal advice.