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

Schedule 1   Amendments

Part 1   Major national events

AusCheck Regulations 2017

18   After Division 3 of Part 2

Insert:

Division 3AA - Background checks for major national event purposes

11AA Background check of applicants for, or holders of, MNE accreditation - application by organising body

(1) AusCheck may undertake a background check of an individual in connection with the accreditation of the individual in relation to a major national event if an application for a background check of the individual is made under section 21G.

(2) The application must:

(a) be made electronically; and

(b) include all of the required information for the individual; and

(c) if, under paragraph 21F(b), the background check must include an electronic identity verification check - include:

(i) the details required under section 21H or a copy of an exemption (or a copy of an application for an exemption) under section 21K from the requirement to provide those details; and

(ii) the record (if any) required under section 21H; and

(d) be made in the form (if any) approved for the purposes of this paragraph under subsection (3); and

(e) meet any other requirements specified by the Secretary for the purposes of this paragraph under subsection (4).

(3) The Secretary may, in writing, approve a form for the purposes of paragraph (2)(d).

(4) The Secretary may, by notifiable instrument, specify requirements for the purposes of paragraph (2)(e).

11AB Background check of applicants for, or holders of, MNE accreditation - deemed application

(1) AusCheck may undertake a background check of an individual in connection with the accreditation of the individual in relation to a major national event if, after a background check (the original background check ) of the individual has been undertaken in relation to the major national event, the Secretary considers on reasonable grounds that the individual:

(a) has an MNE criminal record; or

(b) constitutes a threat to the security of the major national event.

(2) In considering a matter under subsection (1), the Secretary must take into account:

(a) any information given to the Secretary by the individual or the organising body for the event; and

(b) any information given to the Secretary by a law enforcement, or national security, agency (however described) about the individual; and

(c) anything else relevant that the Secretary knows about.

(3) If AusCheck undertakes a background check of an individual under subsection (1):

(a) the organising body is taken to have applied for the background check of the individual; and

(b) the application for that background check is taken to be the same as the application for the original background check.

11AC AusCheck not to conduct or continue a background check in relation to major national event after event has concluded

To avoid doubt, AusCheck must not conduct, or continue to conduct, a background check of an individual in connection with the accreditation of the individual in relation to a major national event after the event has concluded.