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

Schedule 1   Amendments

Part 1   Major national events

AusCheck Regulations 2017

23   After Division 5 of Part 2

Insert:

Division 5A - Matters relating to major national events

Subdivision A - Organising bodies and types of assessments and identity checks

21E Organising bodies for major national events

The Minister may, by notifiable instrument, declare a person to be the organising body for a major national event.

21F Minister may declare types of assessments and identity verification checks for background checks

The Minister may, by notifiable instrument, declare:

(a) that background checks of individuals in connection with MNE accreditation in relation to a major national event must include assessment of information relating to one or more of the matters mentioned in paragraphs 5(a), (b), (c) and (d) of the Act, as specified in the instrument; and

(b) if the Minister declares that background checks must include assessment of information relating to the matter mentioned in paragraph 5(d) of the Act - that those assessments must consist of:

(i) electronic identity verification checks; or

(ii) in person identity verification checks; or

(iii) both electronic identity verification checks and in person identity verification checks.

Subdivision B - Applying for background checks and requirements for identity verification checks

21G Arranging background check

An organising body for a major national event may apply to AusCheck for a background check of an individual in connection with the accreditation of the individual in relation to the major national event.

21H Electronic identity verification checks

If, under paragraph 21F(b), a background check of an individual in connection with MNE accreditation in relation to a major national event must include an electronic identity verification check, AusCheck must not conduct the check unless, subject to section 21K, the following are provided to AusCheck:

(a) details of a Category A identification document or a Category B identification document, being details AusCheck can use to verify electronically the individual's identity for the purposes of a background check;

(b) if an individual is at least 16 years of age at the time of the check - a record of the individual having given express consent to the identity of the individual being verified.

21J In person identity verification checks

(1) If, under paragraph 21F(b), a background check of an individual in connection with MNE accreditation in relation to a major national event must include an in person identity verification check, the check must be conducted in accordance with this section.

Individuals who are 18 year of age or older

(2) Subject to section 21K, if an individual is at least 18 years of age at the time of the in person identity verification check, the individual must attend the check in person and must give to the verifying person conducting the check:

(a) the following documents:

(i) a Category A identification document;

(ii) a Category B identification document that is different from the Category A identification document;

(iii) a Category C identification document that is different from the Category A identification document and the Category B identification document;

(iv) if evidence of the individual's current residential address is not set out in a document already given - a Category D identification document; and

(b) if the individual's identity has been verified electronically before the in person identity verification check has been conducted - the identity documents the details of which were used to electronically verify the individual's identity.

Individuals who under 18 year of age

(3) Subject to section 21K, if an individual is under 18 years of age at the time of the in person identity verification check, the individual must attend the check in person and must give to the verifying person conducting the check:

(a) a Category A identification document; and

(b) if the individual's identity has been verified electronically before the in person identity verification check has been conducted - the identity documents the details of which were used to electronically verify the individual's identity.

Identity to be verified at time the individual attends the check

(4) The verifying person conducting the in person identity verification check must verify the individual's identity at the time the individual attends the check, unless the individual is exempted under section 21K from the requirement to attend the identity verification check in person.

Identification documents must be provided for each identity verification

(5) To avoid doubt, the individual must give the documents referred to in subsection (2) or (3) to the verifying person conducting the in person identity verification check even if the individual has previously given the same documents to the verifying person, or to a verifying person, in relation to another background check for MNE accreditation.

21K Exemptions

(1) This section applies if, for the purposes of an identity verification check under section 21H or 21J in connection with MNE accreditation in relation to a major national event, an individual is unable:

(a) for an electronic identity verification check - to provide details of a Category A identification document or a Category B identification document, being details AusCheck can use to verify electronically the individual's identity for the purposes of a background check; or

(b) for an in person identity verification check - either:

(i) to provide a Category A identification document; or

(ii) to attend the identity verification check in person.

(2) The individual or the organising body for the major national event may apply to the Secretary for an exemption from whichever of the following requirements applies:

(a) to provide details of a Category A identification document or details of a Category B identification document;

(b) to provide a Category A identification document;

(c) to attend the identity verification check in person.

Requirements for application

(3) The application must:

(a) be made electronically; and

(b) set out which of the requirements mentioned in subsection (2) the individual is unable to satisfy; and

(c) set out the reasons why the individual is unable to satisfy those requirements; and

(d) if the application is for an exemption from the requirement to attend an identity verification check in person - be accompanied by the following:

(i) a photograph of the individual (taken no more than one month before the date of the application) showing the individual's full face and the individual's head and shoulders;

(ii) copies of the identification documents required under subsection 21J(2) or (3) that are certified in accordance with subsection (4) of this section; and

(e) include any other information that may assist the Secretary in making a decision about whether to grant an exemption in relation to the individual.

Certification of documents

(4) For the purposes of subparagraph (3)(d)(ii), a copy of an identification document must be certified, in writing, by a person prescribed by section 7 of the Statutory Declarations Regulations 2018, to be a true copy of the original identification document.

Matters to be considered

(5) In making a decision under this section in relation to the individual, the Secretary must consider the following matters:

(a) the reasons set out in the application under paragraph (3)(c);

(b) any other information provided under paragraph (3)(e).

Requirement for further information

(6) If the Secretary requires further information to consider the application, the Secretary may request the applicant to give the further information within 30 days after receiving the request.

When decision must be made

(7) The Secretary must, in writing and within 30 days after receiving the application or, if further information is requested, within 30 days after receiving the further information in accordance with subsection (6):

(a) do either of the following:

(i) grant the exemption in relation to the individual;

(ii) refuse to grant the exemption in relation to the individual; and

(b) notify the applicant of the decision; and

(c) if the decision is a refusal - notify the applicant of the reasons for the refusal.

(8) The Secretary is taken to have refused to grant the exemption if the Secretary has not made a decision on the application within the period mentioned in subsection (7).

21L AusCheck not required to continue background check if identity not verified

AusCheck is not required to continue undertaking a background check of an individual in connection with MNE accreditation if the identity of the individual is unable to be verified in accordance with section 21H or 21J (as affected by section 21K).

Subdivision C - Decisions in relation to MNE accreditation

21M Decisions in relation to MNE accreditation

(1) This section applies if:

(a) AusCheck undertakes a background check of an individual in connection with the accreditation of the individual in relation to a major national event; and

(b) under section 21A or 21D, the Secretary advises the organising body for the major national event of the result of the background check.

(2) If the Secretary advises the organising body that:

(a) if the background check included a criminal record check of the individual - the individual has been convicted of an MNE level 1 disqualifying offence; or

(b) if the background check included a security assessment of the individual - the security assessment of the individual is an adverse security assessment or qualified security assessment;

the organising body:

(c) must decide not to issue an MNE accreditation to the individual in relation to the major national event; or

(d) if the organising body has issued an MNE accreditation to the individual in relation to the major national event - must decide to cancel the individual's MNE accreditation within 48 hours after receiving the Secretary's advice.

(3) Except as provided under subsection (2), nothing in this section limits the decision an organising body may make in connection with MNE accreditation in relation to a major national event.

(4) An organising body for a major national event commits an offence if:

(a) the Secretary advises the organising body as mentioned in subsection (2) in relation to an individual; and

(b) the organising body:

(i) issues an MNE accreditation to the individual in relation to the major national event after receiving the Secretary's advice; or

(ii) if, before receiving the Secretary's advice, the organising body has issued an MNE accreditation to the individual in relation to the major national event - fails to cancel the MNE accreditation within 48 hours after receiving the Secretary's advice.

Penalty for a contravention of subsection (4): 5 penalty units.

21N Organising body must advise Secretary of certain decisions

An organising body commits an offence if:

(a) the Secretary advises the organising body about a background check of an individual under section 21A; and

(b) after receiving the Secretary's advice, the organising body makes a decision to issue, or not to issue, an MNE accreditation to the individual in relation to a major national event; and

(c) the organising body does not inform the Secretary of the decision within 7 days after making the decision.

Penalty: 5 penalty units.

21P Organising body must inform Secretary of cancellation or suspension of an MNE accreditation

An organising body commits an offence if:

(a) the Secretary advises the organising body about a background check of an individual under section 21A or 21D; and

(b) after receiving the Secretary's advice,the organising body issues an MNE accreditation to the individual for a particular period; and

(c) the organising body cancels or suspends the accreditation before the end of that period; and

(d) the organising body does not inform the Secretary of the cancellation or suspension within 48 hours after that cancellation or suspension occurs.

Penalty: 5 penalty units.