14Advice about background check of an individual—application made by the Transport Secretary

14 Advice about background check of an individual—application made by the Transport Secretary

(1) This section applies if: (a) an application for a background check of an individual who has applied for, or who holds, an ASIC or MSIC is made by the Transport Secretary under a provision referred to in paragraph 8(1)(b); and (b) AusCheck undertakes a background check of the individual. Advice relating to criminal history (2) If the individual has an unfavourable criminal history, the Secretary must advise the issuing body for the ASIC or MSIC. (4A) If: (a) the issuing body for the ASIC or MSIC has been advised in relation to a previous background check of the individual; and (b) the advice in relation to the previous background check was that the individual had an unfavourable criminal history; the Secretary must also advise the issuing body whether there has been a material change in the individual’s criminal history. (5) If the Secretary advises the issuing body for the ASIC or MSIC under subsection (2) that the individual has an unfavourable criminal history, the Secretary must inform the individual of that advice and the reasons for that advice. Advice relating to adverse criminal intelligence assessment (6) The Secretary must advise the issuing body for the ASIC or MSIC whether or not the Department has been given an adverse criminal intelligence assessment of the individual.