Michaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

There does appear to have been a conflation of two issues in the comments that have been made by those opposite. In the first instance I will deal with the comment that it takes 24 to 48 hours to process an MCV application but up to three months for an MSIC application. What I can say to you in that regard, Senator Sheldon, is as follows: while an MCV can be granted in 48 hours, it is important to note that the MSIC and MCV schemes operate for two different purposes and undertake different checks, hence my comment that there appear to be comments made that indicate there is not quite an understanding of what the two schemes are actually doing—a conflation of the issues.

The MSIC scheme operates for the purpose of access to security zones, whilst the MCV operates for the purpose of immigration entry and stay rights. Where a foreign seafarer requires unsupervised access to a maritime security zone, they must have an MCV and an MSIC. Any evidence of people accessing a maritime security zone without holding an MSIC, or being supervised by an MSIC holder, should obviously be reported to the department for investigation. What I can also say in relation to the processing times, though, is this: during the 2020 calendar year, AusCheck processed within 15 business days 85 per cent of ASIC and MSIC applications received.

Can I also address some of the comments made basically in relation to foreign seafarers being excluded from the bill. There is no Australian government requirement for all Australian seafarers to hold an MSIC. Maritime industry participants have the discretion to establish maritime security zones to safeguard their operations. At all security regulated ports and on security regulated ships, any person who does not hold a valid MSIC must be continuously monitored by a current MSIC holder at all times while in maritime security zones. The government has security arrangements in place to monitor all vessels and personnel entering Australia and has a clear protective security regime for ports and ships, underpinned by legislation. The security requirements apply to all vessels which enter Australian waters and ports, irrespective of flag state. Foreign flagged vessels entering Australia must demonstrate compliance with international security standards. Foreign flagged vessels and foreign seafarers must also comply with the security measures of Australian ports and port facilities. Security requirements for maritime transport in Australia are separate from shipping registration and coastal trading licences.

Senator Sheldon, you also raised in your comments that the new rules mean that we're treating Australian workers more harshly—I'm probably paraphrasing you here—than foreign workers on flag-of-convenience vessels, and why should Australian workers be under more scrutiny than foreign workers? What I can say to you is that I'm instructed as follows. All individuals accessing a secure area or zone of a regulated port must have a valid MSIC or must be escorted or continuously monitored by an MSIC holder, whether they are foreign or Australian workers. Foreign ships entering Australia must demonstrate compliance with international security standards. Foreign ships and foreign seafarers must also comply with the security measures of Australian ports and port facilities. An MSIC ensures that the holder has been background checked and allows the holder to be unescorted inside a maritime security zone.

The schemes are designed to ensure persons, both Australians and foreigners, who require unescorted access to the secure areas of certain security controlled airports and security regulated ports are subject to an appropriate background check. As I've stated in previous comments, the introduction of the bill will strengthen the ASIC and MSIC schemes to ensure that we prevent individuals who pose a high criminal risk, both Australians and foreigners—to go to the point you have raised in your comments—from holding a card, which is consistent with the findings of a range of parliamentary reviews.