Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Act 2013 (52 of 2013)

Schedule 2   Amendment of the AusCheck Act 2007

Part 1   Amendments

12   At the end of section 8

Add:

Background checks required or permitted under the regulations - charges for serious offences

(3) The regulations may require or permit a background check covering a matter referred to in paragraph 5(a), (aa) or (d) to be conducted in relation to an individual if:

(a) one of the following applies:

(i) the individual has applied to an issuing body for an ASIC or MSIC, and the issuing body has neither issued, nor refused to issue, the ASIC or MSIC;

(ii) the individual or an issuing body has applied to the Transport Secretary for approval to issue an ASIC or MSIC to the individual, and the application has not been determined;

(iii) the individual is the holder of an ASIC or MSIC;

(iv) the individual or an issuing body has applied to the Transport Secretary to set aside the cancellation of an ASIC or MSIC issued to the individual;

(v) the individual has applied to the Administrative Appeals Tribunal for review of a decision by an issuing body, the Secretary or the Transport Secretary relating to the issue, suspension or cancellation of an ASIC or MSIC, and the application has not been determined; and

(b) the Secretary considers on reasonable grounds that:

(i) the individual has been charged with a serious offence; or

(ii) a charge for a serious offence has been resolved in relation to the individual.

Note: The matters referred to in paragraphs 5(a), (aa) and (d) cover the individual's criminal history, whether the individual has been charged with a serious offence or has had a charge for such an offence resolved, and the individual's identity.

(4) A regulation made under subsection (3) may only require or permit a background check to be conducted for purposes related to determining whether it is appropriate for the individual to enter any area or zone to which access is restricted under:

(a) the Aviation Transport Security Act 2004 or regulations under that Act; or

(b) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act.