11AHConducting background checks in connection with participation in the Global Entry program

11AH Conducting background checks in connection with participation in the Global Entry program

Initial background checks (1) AusCheck must conduct a background check (the initial background check) of an individual if: (a) the individual was invited to apply for background checks under subsection 11AF(1); and (b) an application for background checks was made by or for the individual under subsection 11AF(2); and (c) the application meets the requirements of subsection 11AG(1); and (d) the application has not been withdrawn under subsection 11AG(4). Meaning of GEP participant (2) An individual is a GEP participant if: (a) the individual passes the initial background check (see section 21DE); and (b) the individual was accepted into the Global Entry program; and (c) the application made in connection with the individual’s participation in the program has not been withdrawn under subsection 11AG(4); and (d) the individual has not otherwise ceased to participate in the program. Follow‑up background checks (3) AusCheck must conduct a background check (a follow‑up background check) of an individual who is a GEP participant in each of the following 1 year periods: (a) the year starting immediately after the individual was accepted into the Global Entry program; (b) each succeeding year. Purposes of background checks (4) AusCheck may conduct a background check of an individual under this section only for the purposes of determining whether the individual fails or passes the background check in relation to the Global Entry program.

Note 1: For when an individual fails or passes a background check in relation to the Global Entry program, see section 21DE.

Note 2: AusCheck is not required to continue conducting a background check once it is determined that the individual fails the background check.

Giving information necessary for follow‑up background checks (5) An individual who is a GEP participant must give the Secretary notice of a change to any of the following information previously advised to AusCheck in connection with an application for background checks in connection with the individual’s participation in the Global Entry program: (a) the required information for the individual; (b) the status (if any) of the individual as an officer or member of the Australian Defence Force (within the meaning of the Defence Act 1903); (c) information relevant to whether the individual has an unfavourable criminal history. (6) The change to the information must be notified to the Secretary, in writing, within 30 days after the individual becomes aware of the change. (7) If the application for background checks for the individual was made by another person under subsection 11AF(2), the individual’s obligation under subsection (6) of this section may be discharged on behalf of the individual by the person who made the application.