11Secretary may give directions under AusCheck scheme

11 Secretary may give directions under AusCheck scheme

(1) The AusCheck scheme may empower the Secretary to give directions to an applicant for a background check, or to a person who is required or permitted to take action relating to matters connected with a background check. Directions about advising whether licence etc. has been issued to individual (2) Without limiting subsection (1), the AusCheck scheme may empower the Secretary to direct a person to advise the Secretary whether or not a licence, permit or other authorisation has been issued to an individual in respect of whom a background check has been conducted. Directions in connection with background checks required or permitted under the regulations—charges for serious offences (3) Without limiting subsection (1), the AusCheck scheme may empower the Secretary to give one or more of the following kinds of direction if the Secretary considers on reasonable grounds that an individual has been charged with a serious offence: (a) a direction to an issuing body to delay considering an application for an ASIC or MSIC to be issued to the individual until further direction from the Secretary in accordance with subsection (4); (c) a direction to an issuing body to suspend an ASIC or MSIC issued by the issuing body to the individual until further direction from the Secretary in accordance with subsection (4). Giving further directions referred to in subsection (3) (4) The Secretary: (a) must give the further direction referred to in subsection (3) to the relevant person as soon as practicable after the Secretary considers that: (i) all charges for serious offences have been resolved in relation to the individual; and (ii) a background check has been conducted covering the matter referred to in paragraph 5(a) (criminal history) after subparagraph (i) is satisfied, whether or not the background check also covers other matters; and (b) may give the further direction at any time before paragraph (a) applies. Directions under subsection (3) to suspend ASICs or MSICs—other cards also taken to be suspended (5) If an ASIC or MSIC is suspended as referred to in paragraph (3)(c), then any other card issued to the individual under the Aviation Transport Security Regulations 2005 or the Maritime Transport and Offshore Facilities Security Regulations 2003 is taken also to be suspended. Other matters connected with giving directions under subsection (3) (6) The AusCheck scheme may make provision for matters connected with the giving of a direction under subsection (3), including the following: (a) preventing the individual from making any other application under the Aviation Transport Security Regulations 2005 or the Maritime Transport and Offshore Facilities Security Regulations 2003, or entering any area or zone to which access is restricted under those regulations, until after the further direction referred to in subsection (3) has been given; (b) preventing an issuing body or other person from issuing any card to the individual under those regulations until after the further direction referred to in subsection (3) has been given; (c) preventing a person from escorting the individual in any area or zone to which access is restricted under those regulations until after the further direction referred to in subsection (3) has been given; (d) returning a suspended card issued to the individual under those regulations to a specified person; (e) updating registers of cards and other records kept by an issuing body; (f) an issuing body or the Secretary notifying other persons of matters in connection with the giving of the direction, for the purpose of preventing: (i) an unlawful interference with aviation (within the meaning of the Aviation Transport Security Act 2004); or (ii) an unlawful interference with maritime transport or offshore facilities (within the meaning of the Maritime Transport and Offshore Facilities Security Act 2003); or (iii) the commission of an offence against a law of the Commonwealth or a State or Territory; or (iv) an incident that poses a threat to national security.