11AJAdditional background checks of individuals for the purposes of participation in the Global Entry program—deemed application

11AJ Additional background checks of individuals for the purposes of participation in the Global Entry program—deemed application

(1) AusCheck may conduct a background check (an additional background check) of an individual who is a GEP participant if the Secretary considers, on reasonable grounds, that the individual has, or may have, an unfavourable criminal history. (2) In considering whether an individual has, or may have, an unfavourable criminal history, the Secretary must take into account: (a) any information given to the Secretary by, or on behalf of, the individual; and (b) any information given to the Secretary by a law enforcement or national security agency (however described) about the individual; and (c) any information given to the Secretary by the Chief of the Defence Force, a service chief, or an authorised officer under the Defence Force Discipline Act 1982; and (d) anything else relevant that the Secretary knows about. (3) If AusCheck conducts an additional background check of an individual under subsection (1): (a) the applicant for background checks under subsection 11AF(2) is taken to have applied for the additional background check; and (b) the application for background checks under subsection 11AF(2) is taken to also be the application for the additional background check.