11AEBackground check for critical infrastructure risk management program purposes—deemed application

11AE Background check for critical infrastructure risk management program purposes—deemed application

(1) AusCheck may undertake a background check of an individual if: (a) a background check (the original background check) of the individual has been undertaken under section 11AD; and (b) after the original background check the Secretary considers, on reasonable grounds, that the individual: (i) has a CIRMP criminal record; or (ii) if the original background check was undertaken for the purpose of granting the individual access to a critical infrastructure asset declared by the Minister, by notifiable instrument, for the purposes of this subparagraph—constitutes a threat to the security of the asset. (2) In considering a matter under paragraph (1)(b), the Secretary must take into account: (a) any information given to the Secretary by the individual or the responsible entity in relation to whom the CIRMP applies; and (b) any information given to the Secretary by a law enforcement, or national security, agency (however described) about the individual; and (c) anything else relevant that the Secretary knows about. (3) If AusCheck undertakes a background check of an individual under subsection (1): (a) the applicant for the original background check is taken to have applied for the background check of the individual; and (b) the application for that background check is taken to be the same as the application for the original background check.