14Authorisation of retention and subsequent use and disclosure of information

14 Authorisation of retention and subsequent use and disclosure of information

Establishment of AusCheck database (1) The Secretary may establish and maintain a database (the AusCheck database) of information (other than identity verification information) that relates to the AusCheck scheme.

Note: For information collected for the purposes of a firearms background check, see subsection (4).

Use and disclosure of AusCheck personal information other than identity verification information (2) AusCheck scheme personal information about an individual (other than identity verification information): (a) may be included in the AusCheck database; and (b) may be used or disclosed for the following purposes: (i) carrying out a subsequent background check in relation to the individual under the AusCheck scheme; (ia) monitoring and enforcing compliance with a requirement under the AusCheck scheme, the Aviation Transport Security Regulations 2005 or the Maritime Transport and Offshore Facilities Security Regulations 2003 to notify a Secretary of a Department of a specified matter; (ii) responding to an incident that poses a threat to national security; (iii) the performance of functions relating to law enforcement or national security by the Commonwealth or a Commonwealth authority; (iiia) the performance of functions relating to law enforcement or national security by a State or Territory or a State or Territory authority; (iv) without limiting subparagraph (iii) or (iiia)—determining whether any individual referred to in paragraph 8(3)(a) has been charged with a serious offence, or whether a charge for a serious offence has been resolved in relation to any such individual. (2A) AusCheck scheme personal information about an individual (other than identity verification information) may also be used or disclosed for the purpose of verifying: (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. Use and disclosure of AusCheck scheme personal information that is identity verification information (2AB) AusCheck scheme personal information about an individual that is identity verification information may be used or disclosed for the purpose of verifying the identity of the individual if a subsequent background check is being conducted in respect of the individual under the AusCheck scheme. (2B) AusCheck scheme personal information used or disclosed for the purpose mentioned in subsection (2A) or (2AB) must be limited to personal information of a kind directly necessary for that purpose, and must only be used or disclosed to the extent necessary for that purpose. (3) AusCheck scheme personal information included in the AusCheck database may be used in such a way that de‑identified information derived from the AusCheck scheme personal information can be used and disclosed for the following purposes: (a) research; (b) government planning; (c) industry planning. Application of section in relation to firearms background checks (4) This section applies in relation to information (other than identity verification information) collected about an individual for the purposes of a firearms background check only if the individual is, or has been, the subject of the firearms background check.