Part 1
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Commonwealth legislation
These regulations create the AusCheck scheme — the Australian Government’s background‑checking system for people needing access to secure sites or sensitive roles (airport and maritime staff, health security and critical‑infrastructure workers, major‑event accreditations, and Global Entry participants).
It verifies identity, checks criminal and immigration records, obtains ASIO security assessments, and provides procedural safeguards (28‑day response, spent‑conviction rules, review rights, and privacy protections) to balance security and individual rights.
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Direct links to the current provisions in AusCheck Regulations 2017.
This instrument is the AusCheck Regulations 2017.
This instrument is made under the AusCheck Act 2007.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) AusCheck database;
(b) background check;
(ba) critical infrastructure risk management program;
(bb) Defence Force magistrate;
(bc) Global Entry program;
(c) issuing body;
(ca) major national event;
(d) Secretary;
(e) Schedule 1A offence;
(f) service offence.
In this instrument:
Act means the AusCheck Act 2007.
adverse criminal intelligence assessment has the same meaning as in Part III of the Australian Crime Commission Act 2002.
adverse criminal record:
(a) for an individual who is an applicant for, or a holder of, an ASIC—has the meaning given by subregulation 6.01(2) of the ATS Regulations; or
(b) for an individual who is an applicant for, or a holder of, an MSIC—has the meaning given by subregulation 6.07B(3) of the MTOFS Regulations; or
(c) otherwise—has the meaning given by clause 1.3 of the SSBA Standards.
adverse security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.
ASIC has the same meaning as in the ATS Regulations but does not include a temporary ASIC issued under those regulations.
ATS Regulations means the Aviation Transport Security Regulations 2005.
AusCheck means that part of the Department that administers the AusCheck scheme.
Category A identification document:
(a) for an individual who is an applicant for, or a holder of, an ASIC—has the meaning given by subregulation 6.01(1) of the ATS Regulations; or
(b) for an individual who is an applicant for, or a holder of, an MSIC—has the meaning given by subregulation 6.07B(1) of the MTOFS Regulations; or
(c) for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check—means:
(i) for an individual who was born in Australia and is an Australian citizen—either the individual’s Australian birth certificate or a notice given to the individual under section 37 of the Australian Citizenship Act 2007; or
(ii) for any other individual—a valid document that provides evidence of the start of the individual’s identity in Australia; or
(d) for an individual in respect of whom an application has been made for background checks in connection with the individual’s participation in the Global Entry program means:
(i) an Australian birth certificate; or
(ii) a notice given to the individual under section 37 of the Australian Citizenship Act 2007.
Category B identification document:
(a) for an individual who is an applicant for, or a holder of, an ASIC—has the meaning given by subregulation 6.01(1) of the ATS Regulations; or
(b) for an individual who is an applicant for, or a holder of, an MSIC—has the meaning given by subregulation 6.07B(1) of the MTOFS Regulations; or
(c) for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check—means a current and valid document that:
(i) is issued to the individual by a Commonwealth, State or Territory Department or agency, or by a government of a foreign country or an agency of a government of a foreign country; and
(ii) provides photographic proof of the individual’s identity; and
(iii) includes the individual’s signature; or
(d) for an individual in respect of whom an application has been made for background checks in connection with the individual’s participation in the Global Entry program means a current and valid Australian passport.
Note: An example for the purposes of paragraph (c) is a current and valid Australian or foreign passport or a driver licence.
Category C identification document:
(a) for an individual who is an applicant for, or a holder of, an ASIC—has the meaning given by subregulation 6.01(1) of the ATS Regulations; or
(b) for an individual who is an applicant for, or a holder of, an MSIC—has the meaning given by subregulation 6.07B(1) of the MTOFS Regulations; or
(c) for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check—means a current and valid document that provides evidence of the individual’s use of identity while operating in the community (which may be a community outside Australia); or
(d) for an individual in respect of whom an application has been made for background checks in connection with the individual’s participation in the Global Entry program—means a current and valid document that provides evidence of the individual’s use of identity while operating in the community (which may be a community outside Australia).
Note: An example for the purposes of paragraph (c) or (d) is a current and valid medicare card or a membership card issued by a private health insurer.
Category D identification document, for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check, 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.
CIRMP is short for critical infrastructure risk management program.
CIRMP criminal record: an individual has a CIRMP criminal record if the individual has been:
(a) convicted of a CIRMP level 1 offence; or
(b) convicted of a CIRMP level 2 offence and sentenced to any term of imprisonment for the offence.
CIRMP level 1 offence means a CIRMP‑security‑relevant offence mentioned in an item in the table in clause 1 of Schedule 2.
CIRMP level 2 offence means a CIRMP‑security‑relevant offence mentioned in an item in the table in clause 2 of Schedule 2.
CIRMP‑security‑relevant offence means an offence mentioned in an item in a table in Schedule 2 against a law of the Commonwealth, a State or a Territory.
conviction has the meaning given by section 4A.
critical infrastructure asset has the same meaning as in the Security of Critical Infrastructure Act 2018.
entity has the same meaning as in the National Health Security Act 2007.
full name: to avoid doubt, the full name of an individual includes any middle names.
GEP criminal record: an individual has a GEP criminal record if:
(a) the individual has been convicted by a court martial or a Defence Force magistrate of:
(i) a service offence other than a Schedule 1A offence; or
(ii) a Schedule 1A offence for which a punishment of imprisonment was imposed on the individual; or
(b) the individual’s criminal history shows that the individual has been convicted of an offence (other than a service offence) against a law of the Commonwealth, a State or a Territory.
GEP participant: see subsection 11AH(2).
health security relevant offence has the meaning given by clause 1.3 of the SSBA Standards.
identification document means:
(a) a Category A identification document; or
(b) a Category B identification document; or
(c) a Category C identification document; or
(d) for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check—a Category D identification document.
Immigration Department means the Department administered by the Minister administering the Migration Act 1958.
imprisonment includes periodic detention, home‑based detention and detention until the rising of a court, but does not include an obligation to perform community service.
MNE is short for major national event.
MNE accreditation means accreditation of an individual in relation to a major national event.
MNE criminal record: an individual has an MNE criminal record if the individual has been:
(a) convicted of an MNE level 1 disqualifying offence; or
(b) convicted of an MNE level 2 offence and sentenced to any term of imprisonment for the offence; or
(c) convicted of an MNE level 3 offence and sentenced to a term of imprisonment of 12 months or more for the offence.
MNE level 1 disqualifying offence means an MNE‑security‑relevant offence mentioned in an item in the table in clause 1 of Schedule 1.
MNE level 2 offence means an MNE‑security‑relevant offence mentioned in an item in the table in clause 2 of Schedule 1.
MNE level 3 offence means an MNE‑security‑relevant offence mentioned in an item in the table in clause 3 of Schedule 1.
MNE‑security‑relevant offence means an offence mentioned in an item in a table in Schedule 1 against a law of the Commonwealth, a State or a Territory.
MSIC has the same meaning as in the MTOFS Regulations but does not include a temporary MSIC (within the meaning of those regulations).
MTOFS Regulations means the Maritime Transport and Offshore Facilities Security Regulations 2003.
NHS entity means an entity to which Division 5 of Part 3 of the National Health Security Act 2007 applies.
notification period: see subsection 22(5).
offshore facility has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003.
old regulations means the AusCheck Regulations 2007.
operational need:
(a) for an ASIC—has the meaning given by subregulation 6.01(1) of the ATS Regulations; or
(b) for an MSIC—has the meaning given by regulation 6.07F of the MTOFS Regulations.
organising body, for a major national event, means the person declared to be the organising body for the event by the Minister under section 21E.
qualified criminal record has the meaning given by clause 1.3 of the SSBA Standards.
qualified security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.
required information: see section 5.
responsible entity has the same meaning as in the Security of Critical Infrastructure Act 2018.
SSBA Standards has the same meaning as in the National Health Security Act 2007.
transferred ASIC applications has the meaning given by paragraph 6.22(2)(b) of the ATS Regulations.
transferred ASICs has the meaning given by paragraph 6.22(2)(a) of the ATS Regulations.
transferred MSIC applications has the meaning given by paragraph 6.07ZA(2)(b) of the MTOFS Regulations.
transferred MSICs has the meaning given by paragraph 6.07ZA(2)(a) of the MTOFS Regulations.
Transport Secretary means the Secretary of the Department administered by the Minister who administers the Aviation Transport Security Act 2004.
unfavourable criminal history: see section 6.
verifying person, for an identity verification check of an individual, means:
(a) if the identity verification check is in connection with MNE accreditation in relation to a major national event:
(i) AusCheck; or
(ii) the organising body for the major national event; or
(iii) a person acting on behalf of AusCheck or the organising body; or
(b) if the identity verification check is permitted under a CIRMP:
(i) AusCheck; or
(ii) the responsible entity in relation to whom the CIRMP applies; or
(iii) a person acting on behalf of AusCheck or the responsible entity.
(1) A conviction of an individual who is an applicant for, or a holder of, an MNE accreditation, or of an individual for whom a CIRMP permits a background check, or of an individual for whom a background check is conducted under section 11AH or 11AJ, 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.
(2) A conviction of an individual in respect of whom an application for a background check is made under the ATS regulations, or of an individual in respect of whom such a background check has been conducted, has the same meaning as in the ATS regulations. (3) A conviction of an individual in respect of whom an application for a background check is made under the MTOFS regulations, or of an individual in respect of whom such a background check has been conducted, has the same meaning as in the MTOFS regulations.
(1) The required information for an individual to whom an application for a background check relates is the following information: (a) the individual’s current full name; (aa) all former full names of the individual (if any); (ab) all other names, titles, pseudonyms and aliases by which the person is or was known, or which the person uses or has used to identify himself or herself, (if any) (see subsection (2)); (b) the individual’s gender; (ba) the individual’s date of birth; (bb) the individual’s place of birth; (c) the individual’s current residential address; (d) if the application is made under, or as mentioned in, Division 2, 3, 3AAB or 3AAC of Part 2—all other residential addresses of the individual in the 10 years before the application is made; (e) the individual’s preferred mailing address; (f) the individual’s preferred telephone contact number; (g) the individual’s preferred email address; (h) if the individual is employed and, at the time the application is made, the individual has an operational need for an ASIC or MSIC for the purposes of that employment—the name and business address of the individual’s employer; (i) if the individual is employed and the application is made under clause 3.6 of the SSBA Standards—the name and business address of the individual’s employer; (ia) if the individual is, or is to be, employed for the purposes of a major national event and MNE accreditation is required for the purposes of that employment: (i) the name and business address of the employer; and (ii) details of the capacity in which the individual is, or is to be, employed; (iab) if the individual is, or is to be, employed, and the application relates to a background check of the individual permitted under a CIRMP: (i) the name and business address of the responsible entity in relation to whom the CIRMP applies; and (ii) details of the capacity in which the individual is, or is to be, employed; and (iii) if the individual is, or is to be, employed by an entity other than the responsible entity—the name and business address of that entity; and (iv) the reason the individual is an individual for whom a background check is permitted under the CIRMP; (ib) if the individual is, or is to be, a volunteer worker for an organisation for the purposes of a major national event and MNE accreditation is required for the purposes of that volunteer work: (i) the name and business address of the organisation; and (ii) details of the work that the individual is performing, or will perform, with the organisation; (j) if the individual is a student and, at the time the application is made, the individual has an operational need for an ASIC or MSIC for the purposes of the individual’s studies—the name and business address of the institution at which the individual is studying; (k) if the individual is a student and the application is made under clause 3.6 of the SSBA Standards—the name and business address of the institution at which the individual is studying; (ka) if the individual is a student and as part of the individual’s course of study the individual is undertaking, or will undertake, work for the purposes of a major national event and MNE accreditation is required for the purposes of that work: (i) the name and business address of the institution at which the individual is studying; and (ii) details of the work that the individual is undertaking or will undertake, including details of the person for whom the individual is, or will be, working; (kb) if the individual is a student and the application relates to a background check of the individual permitted under a CIRMP: (i) the name and business address of the responsible entity in relation to whom the CIRMP applies; and (ii) the name and business address of the institution at which the individual is studying; and (iii) details of the work that the individual is undertaking, or will undertake, including details of the person for whom the individual is, or will be, working; and (iv) the reason the individual is an individual for whom a background check is permitted under the CIRMP; (l) if the background check includes an assessment of information relating to whether the individual is an unlawful non‑citizen or holds a visa entitling the individual to work in Australia: (i) the number and country of issue of any passport issued to the individual; and (ia) if the individual does not have, or cannot use or obtain, a passport—the number of any document issued to the individual by the Immigration Department as a result of the individual not having, or not being able to use or obtain, a passport; and (ii) in any case—the number and expiry date of any visa granted to the individual enabling the individual to travel to and enter, or remain in, Australia; (m) if the individual’s application is made under a provision referred to in paragraph 8(1)(a)—a record of the individual having given express consent to the identity of the individual being verified, and any one of the following: (i) details of the Category A identification document for the individual (unless the Category A identification document is determined under section 5AA); (ia) if the Category A identification document for the individual is determined under section 5AA—details of one or more Category B identification documents or Category C identification documents for the individual, being details AusCheck can use to verify electronically the individual’s identity for the purposes of a background check; (ii) details of any alternative identification requirements, and details of any other identification documents required by the alternative identification requirements, approved in relation to the individual under regulation 6.27AC of the ATS Regulations or regulation 6.08BC of the MTOFS Regulations; (ma) if the application relates to a background check of the individual permitted under a CIRMP—a record of the express consent of the individual: (i) for the background check of the individual to be conducted; and (ii) if the CIRMP provides that the background check must include an identity verification check—for the identity of the individual to be verified; (n) if the application relates to a background check of the individual in connection with MNE accreditation and the individual is under 16 years of age at the time the application is made—a record of the express consent of the parent or guardian of the individual: (i) for a background check of the individual to be conducted; and (ii) if, under paragraph 21F(b), the background check must include an identity verification check—for the identity of the individual to be verified; (o) if the application relates to a background check of the individual permitted under a CIRMP and the individual is under 16 years of age at the time the application is made—a record of the express consent of the parent or guardian of the individual: (i) for the background check of the individual to be conducted; and (ii) if the CIRMP provides that the background check must include an identity verification check—for the identity of the individual to be verified; (p) if the application relates to background checks in connection with an individual’s participation in the Global Entry program, all of the following: (i) the express consent of the individual for the initial background check under subsection 11AH(1) and all follow‑up background checks under subsection 11AH(3); (ii) the express consent of the individual for the identity of the individual to be verified; (iii) if the applicant is required to have express consent under subparagraph 11AF(2)(a)(ii) or (b)(ii)—evidence of such consent; (iv) details of the Category A identification document mentioned in subparagraph 11AG(1)(b)(ii); (v) details of the Category B identification document mentioned in subparagraph 11AG(1)(b)(iii); (vi) details of the Category C identification document mentioned in subparagraph 11AG(1)(b)(iv).
Note: For paragraph (p), if an individual who wishes to participate in the Global Entry program is under 18 years of age, consent is to be given by the person who holds, or the people who jointly hold, parental responsibility for the individual: see subsection 11AF(3).
(2) For the purposes of paragraph (1)(ab), variants (including variants in spelling) of a name, title, pseudonym or alias are taken to be different names, titles, pseudonyms or aliases.
Note: Example 1: Mathew and Matthew are taken to be different names.
Note: Example 2: John and Jack are taken to be different names.
For the purposes of paragraph 5(1)(m), the Secretary may, by notifiable instrument, determine a class of Category A identification documents if AusCheck cannot use details of documents of that class to verify electronically individuals’ identities for the purposes of background checks.
(1) This section applies if: (a) an individual is required to provide details of an identification document; and (b) AusCheck cannot use the details to verify electronically the individual’s identity for the purposes of a background check; and (c) the requirement does not relate to a background check of the individual in connection with MNE accreditation; and (d) the requirement does not relate to a background check of the individual permitted under a CIRMP. (2) The issuing body may apply to the Secretary for an exemption from the requirement for the individual to provide details of the identification document. Requirements for application (3) The application must: (a) be made electronically; and (b) state that the individual has an identification document whose details AusCheck cannot use to verify electronically the individual’s identity; and (c) if the individual has another identification document—include details of that document; and (d) in any case—include any other information that may assist the Secretary in making a decision about whether to grant an exemption in relation to the individual. Matters to be considered (4) In making a decision under this section in relation to the individual, the Secretary must consider the following matters: (a) the extent to which the issuing body can show evidence of the identity of the individual; (b) the reason why the details of the individual’s identification document cannot be used to verify electronically the individual’s identity; (c) if the application included details of another identification document—whether AusCheck can use the details to verify electronically the individual’s identity. Requirement for further information (5) If the Secretary requires further information to consider the application, the Secretary may request the issuing body to give the further information within 30 days after receiving the request. When decision must be made (6) 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 (5): (a) do any one of the following: (i) grant the exemption in relation to the individual; (ii) for an exemption in relation to a Category A identification document—grant the exemption in relation to the individual, subject to one or more conditions; (iii) in any case—refuse to grant the exemption in relation to the individual; and (b) notify the issuing body of the decision; and (c) if the decision is a refusal—notify the issuing body of the reasons for the refusal. (7) 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 (6).
(1) AusCheck is not required to continue undertaking a background check of an individual if: (a) the background check requires details of an identification document to electronically verify the identity of the individual; and (b) AusCheck is not provided with details of an identification document that AusCheck can use to so verify that identity.
Note: An identification document is not required if:
(a) alternative identification requirements that do not require details of an identification document have been approved in relation to the individual under regulation 6.27AC of the ATS Regulations or regulation 6.08BC of the MTOFS Regulations; or
(b) an exemption has been granted under section 5A of this instrument in relation to the individual without a condition requiring details of an identification document.
(2) This section does not apply in relation to a background check of an individual in connection with MNE accreditation or permitted under a CIRMP.
Note: See sections 21L and 21Y for when AusCheck is not required to continue undertaking a background check in relation to major national events or under CIRMPs.
An individual has an unfavourable criminal history if the criminal history of the individual discloses that the individual has any of the following: (a) an adverse criminal record; (b) for an individual for whom a background check is undertaken under section 11—a qualified criminal record; (d) if the individual is an applicant for, or a holder of, an MNE accreditation—an MNE criminal record; (e) for an individual for whom a background check is undertaken under section 11AD, 11AE or 21DC—a CIRMP criminal record; (f) for an individual for whom a background check is conducted under section 11AH or 11AJ—a GEP criminal record.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the AusCheck Regulations 2017.
This instrument is made under the AusCheck Act 2007.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) AusCheck database;
(b) background check;
(ba) critical infrastructure risk management program;
(bb) Defence Force magistrate;
(bc) Global Entry program;
(c) issuing body;
(ca) major national event;
(d) Secretary;
(e) Schedule 1A offence;
(f) service offence.
In this instrument:
Act means the AusCheck Act 2007.
adverse criminal intelligence assessment has the same meaning as in Part III of the Australian Crime Commission Act 2002.
adverse criminal record:
(a) for an individual who is an applicant for, or a holder of, an ASIC—has the meaning given by subregulation 6.01(2) of the ATS Regulations; or
(b) for an individual who is an applicant for, or a holder of, an MSIC—has the meaning given by subregulation 6.07B(3) of the MTOFS Regulations; or
(c) otherwise—has the meaning given by clause 1.3 of the SSBA Standards.
adverse security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.
ASIC has the same meaning as in the ATS Regulations but does not include a temporary ASIC issued under those regulations.
ATS Regulations means the Aviation Transport Security Regulations 2005.
AusCheck means that part of the Department that administers the AusCheck scheme.
Category A identification document:
(a) for an individual who is an applicant for, or a holder of, an ASIC—has the meaning given by subregulation 6.01(1) of the ATS Regulations; or
(b) for an individual who is an applicant for, or a holder of, an MSIC—has the meaning given by subregulation 6.07B(1) of the MTOFS Regulations; or
(c) for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check—means:
(i) for an individual who was born in Australia and is an Australian citizen—either the individual’s Australian birth certificate or a notice given to the individual under section 37 of the Australian Citizenship Act 2007; or
(ii) for any other individual—a valid document that provides evidence of the start of the individual’s identity in Australia; or
(d) for an individual in respect of whom an application has been made for background checks in connection with the individual’s participation in the Global Entry program means:
(i) an Australian birth certificate; or
(ii) a notice given to the individual under section 37 of the Australian Citizenship Act 2007.
Category B identification document:
(a) for an individual who is an applicant for, or a holder of, an ASIC—has the meaning given by subregulation 6.01(1) of the ATS Regulations; or
(b) for an individual who is an applicant for, or a holder of, an MSIC—has the meaning given by subregulation 6.07B(1) of the MTOFS Regulations; or
(c) for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check—means a current and valid document that:
(i) is issued to the individual by a Commonwealth, State or Territory Department or agency, or by a government of a foreign country or an agency of a government of a foreign country; and
(ii) provides photographic proof of the individual’s identity; and
(iii) includes the individual’s signature; or
(d) for an individual in respect of whom an application has been made for background checks in connection with the individual’s participation in the Global Entry program means a current and valid Australian passport.
Note: An example for the purposes of paragraph (c) is a current and valid Australian or foreign passport or a driver licence.
Category C identification document:
(a) for an individual who is an applicant for, or a holder of, an ASIC—has the meaning given by subregulation 6.01(1) of the ATS Regulations; or
(b) for an individual who is an applicant for, or a holder of, an MSIC—has the meaning given by subregulation 6.07B(1) of the MTOFS Regulations; or
(c) for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check—means a current and valid document that provides evidence of the individual’s use of identity while operating in the community (which may be a community outside Australia); or
(d) for an individual in respect of whom an application has been made for background checks in connection with the individual’s participation in the Global Entry program—means a current and valid document that provides evidence of the individual’s use of identity while operating in the community (which may be a community outside Australia).
Note: An example for the purposes of paragraph (c) or (d) is a current and valid medicare card or a membership card issued by a private health insurer.
Category D identification document, for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check, 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.
CIRMP is short for critical infrastructure risk management program.
CIRMP criminal record: an individual has a CIRMP criminal record if the individual has been:
(a) convicted of a CIRMP level 1 offence; or
(b) convicted of a CIRMP level 2 offence and sentenced to any term of imprisonment for the offence.
CIRMP level 1 offence means a CIRMP‑security‑relevant offence mentioned in an item in the table in clause 1 of Schedule 2.
CIRMP level 2 offence means a CIRMP‑security‑relevant offence mentioned in an item in the table in clause 2 of Schedule 2.
CIRMP‑security‑relevant offence means an offence mentioned in an item in a table in Schedule 2 against a law of the Commonwealth, a State or a Territory.
conviction has the meaning given by section 4A.
critical infrastructure asset has the same meaning as in the Security of Critical Infrastructure Act 2018.
entity has the same meaning as in the National Health Security Act 2007.
full name: to avoid doubt, the full name of an individual includes any middle names.
GEP criminal record: an individual has a GEP criminal record if:
(a) the individual has been convicted by a court martial or a Defence Force magistrate of:
(i) a service offence other than a Schedule 1A offence; or
(ii) a Schedule 1A offence for which a punishment of imprisonment was imposed on the individual; or
(b) the individual’s criminal history shows that the individual has been convicted of an offence (other than a service offence) against a law of the Commonwealth, a State or a Territory.
GEP participant: see subsection 11AH(2).
health security relevant offence has the meaning given by clause 1.3 of the SSBA Standards.
identification document means:
(a) a Category A identification document; or
(b) a Category B identification document; or
(c) a Category C identification document; or
(d) for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check—a Category D identification document.
Immigration Department means the Department administered by the Minister administering the Migration Act 1958.
imprisonment includes periodic detention, home‑based detention and detention until the rising of a court, but does not include an obligation to perform community service.
MNE is short for major national event.
MNE accreditation means accreditation of an individual in relation to a major national event.
MNE criminal record: an individual has an MNE criminal record if the individual has been:
(a) convicted of an MNE level 1 disqualifying offence; or
(b) convicted of an MNE level 2 offence and sentenced to any term of imprisonment for the offence; or
(c) convicted of an MNE level 3 offence and sentenced to a term of imprisonment of 12 months or more for the offence.
MNE level 1 disqualifying offence means an MNE‑security‑relevant offence mentioned in an item in the table in clause 1 of Schedule 1.
MNE level 2 offence means an MNE‑security‑relevant offence mentioned in an item in the table in clause 2 of Schedule 1.
MNE level 3 offence means an MNE‑security‑relevant offence mentioned in an item in the table in clause 3 of Schedule 1.
MNE‑security‑relevant offence means an offence mentioned in an item in a table in Schedule 1 against a law of the Commonwealth, a State or a Territory.
MSIC has the same meaning as in the MTOFS Regulations but does not include a temporary MSIC (within the meaning of those regulations).
MTOFS Regulations means the Maritime Transport and Offshore Facilities Security Regulations 2003.
NHS entity means an entity to which Division 5 of Part 3 of the National Health Security Act 2007 applies.
notification period: see subsection 22(5).
offshore facility has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003.
old regulations means the AusCheck Regulations 2007.
operational need:
(a) for an ASIC—has the meaning given by subregulation 6.01(1) of the ATS Regulations; or
(b) for an MSIC—has the meaning given by regulation 6.07F of the MTOFS Regulations.
organising body, for a major national event, means the person declared to be the organising body for the event by the Minister under section 21E.
qualified criminal record has the meaning given by clause 1.3 of the SSBA Standards.
qualified security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.
required information: see section 5.
responsible entity has the same meaning as in the Security of Critical Infrastructure Act 2018.
SSBA Standards has the same meaning as in the National Health Security Act 2007.
transferred ASIC applications has the meaning given by paragraph 6.22(2)(b) of the ATS Regulations.
transferred ASICs has the meaning given by paragraph 6.22(2)(a) of the ATS Regulations.
transferred MSIC applications has the meaning given by paragraph 6.07ZA(2)(b) of the MTOFS Regulations.
transferred MSICs has the meaning given by paragraph 6.07ZA(2)(a) of the MTOFS Regulations.
Transport Secretary means the Secretary of the Department administered by the Minister who administers the Aviation Transport Security Act 2004.
unfavourable criminal history: see section 6.
verifying person, for an identity verification check of an individual, means:
(a) if the identity verification check is in connection with MNE accreditation in relation to a major national event:
(i) AusCheck; or
(ii) the organising body for the major national event; or
(iii) a person acting on behalf of AusCheck or the organising body; or
(b) if the identity verification check is permitted under a CIRMP:
(i) AusCheck; or
(ii) the responsible entity in relation to whom the CIRMP applies; or
(iii) a person acting on behalf of AusCheck or the responsible entity.
(1) A conviction of an individual who is an applicant for, or a holder of, an MNE accreditation, or of an individual for whom a CIRMP permits a background check, or of an individual for whom a background check is conducted under section 11AH or 11AJ, 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.
(2) A conviction of an individual in respect of whom an application for a background check is made under the ATS regulations, or of an individual in respect of whom such a background check has been conducted, has the same meaning as in the ATS regulations. (3) A conviction of an individual in respect of whom an application for a background check is made under the MTOFS regulations, or of an individual in respect of whom such a background check has been conducted, has the same meaning as in the MTOFS regulations.
(1) The required information for an individual to whom an application for a background check relates is the following information: (a) the individual’s current full name; (aa) all former full names of the individual (if any); (ab) all other names, titles, pseudonyms and aliases by which the person is or was known, or which the person uses or has used to identify himself or herself, (if any) (see subsection (2)); (b) the individual’s gender; (ba) the individual’s date of birth; (bb) the individual’s place of birth; (c) the individual’s current residential address; (d) if the application is made under, or as mentioned in, Division 2, 3, 3AAB or 3AAC of Part 2—all other residential addresses of the individual in the 10 years before the application is made; (e) the individual’s preferred mailing address; (f) the individual’s preferred telephone contact number; (g) the individual’s preferred email address; (h) if the individual is employed and, at the time the application is made, the individual has an operational need for an ASIC or MSIC for the purposes of that employment—the name and business address of the individual’s employer; (i) if the individual is employed and the application is made under clause 3.6 of the SSBA Standards—the name and business address of the individual’s employer; (ia) if the individual is, or is to be, employed for the purposes of a major national event and MNE accreditation is required for the purposes of that employment: (i) the name and business address of the employer; and (i
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