10Background check of holders of MSICs that are in force for 4 years etc.

10 Background check of holders of MSICs that are in force for 4 years etc.

(1) This section applies if: (a) an individual: (i) holds an MSIC that is in force for 4 years; or (ii) held an MSIC that was to be in force for 4 years and the MSIC was cancelled under paragraph 6.08M(1)(f) or (g) or regulation 6.08N of the MTOFS Regulations; and (b) a background check of the individual was undertaken prior to the issue of the MSIC; and (c) the Secretary gave advice about the background check under Division 5 of this Part; and (d) the individual has not withdrawn his or her consent to an additional background check of the individual being conducted under the AusCheck scheme on the second anniversary of the day a record of that advice is made in the AusCheck database. (2) The issuing body for the MSIC is taken, for the purposes of the AusCheck scheme, to have applied for a background check of the individual on the second anniversary of that day. (3) AusCheck must undertake a background check of the individual.