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

21   After section 9

Insert:

10 Matters covered by AusCheck scheme - background checks required or permitted under regulations made under this Act

(1) The AusCheck scheme may, for the purposes of paragraph 8(1)(c), make provision for and in relation to the following:

(a) the giving to the Secretary of information, relating to an individual in respect of whom a background check is conducted, that is directly necessary for the purpose of conducting the background check;

(b) the criteria against which a background check is to be assessed;

(c) the decision or decisions that may be made as a result of a background check;

(d) the form of advice to be given to an individual in respect of whom a background check is conducted;

(e) the form of advice to be given to other persons about the outcome of a background check.

(2) The matters referred to in subsection (1) may relate to:

(a) all background checks to be conducted for the purposes of paragraph 8(1)(c); or

(b) a specified class of background checks.

(3) The AusCheck scheme may, for the purposes of paragraph 8(1)(c), make provision for and in relation to an individual or an issuing body notifying the Secretary or the Transport Secretary of specified matters 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 individual has been charged with a serious offence, or a charge for a serious offence has been resolved in relation to the individual; and

(c) in the case of an issuing body:

(i) the individual applied to the issuing body for the ASIC or MSIC; or

(ii) the issuing body issued the ASIC or MSIC to the individual.

10A Matters covered by AusCheck scheme - online verification service

The AusCheck scheme may make provision for and in relation to matters relating to the establishment and provision of an online verification service that will enable verification:

(a) that an ASIC or MSIC has been issued to a particular individual and is in effect at a particular time; or

(b) that an individual who is in possession of an ASIC or MSIC is the person to whom the card was issued; or

(c) that a national security background check has been conducted in relation to a particular individual; or

(d) that an individual who is in possession of a card, licence, permit or other authorisation in relation to which a national security background check has been conducted is the individual to whom the card, licence, permit or authorisation was issued.