AusCheck Legislation Amendment (Major National Events) Regulations 2019 (F2019L01410)

Schedule 1   Amendments

Part 1   Major national events

AusCheck Regulations 2017

6   Section 4

Insert:

Category D identification document , for an individual who is an applicant for, or a holder of, an MNE accreditation, means a valid document that:

(a) provides evidence of the individual's current residential address (which may be a residential address outside Australia); and

(b) is less than 6 months old.

Note: An example is a current utilities notice.

conviction , of an individual who is an applicant for, or a holder of, an MNE accreditation, for an offence, has the same meaning as in Part VIIC of the Crimes Act 1914, but does not include:

(a) a spent conviction (within the meaning of subsection 85ZM(2) of that Act) if Division 3 of Part VIIC of that Act applies to the individual in relation to the conviction; or

(b) a conviction for an offence of which, under a law relating to pardons or quashed convictions, the individual is taken never to have been convicted.

Note 1: Under subsection 85ZM(1) of the Crimes Act 1914, a person is also taken to have been convicted of an offence if the person:

(a) has been found guilty of the offence but discharged without conviction; or

(b) has not been found guilty of the offence but a court has taken the offence into account in sentencing the person for another offence (see paragraphs 85ZM(1)(b) and (c) of that Act).

Note 2: Under Part VIIC of the Crimes Act 1914, if a person receives a free and absolute pardon for an offence against a law of the Commonwealth or a Territory because the person was wrongly convicted of the offence, the person is taken for all purposes never to have been convicted (see section 85ZR of that Act).

Note 3: In certain circumstances, Division 3 of Part VIIC of the Crimes Act 1914 ceases to apply to a person in relation to a spent conviction if Division 4 of that Part (Convictions of further offences) applies.

Note 4: Under the Crimes Act 1914, a person need not disclose convictions that:

(a) have been quashed (see section 85ZT of that Act); or

(b) are spent (see section 85ZV of that Act).

Note 5: Convictions for MNE level 1 disqualifying offences do not become spent for the purposes of assessing whether to issue the convicted person with an MNE accreditation - see paragraph 85ZZH(k) of the Crimes Act 1914 and section 21 of, and Schedule 2 to, the Crimes Regulations 2019.