21DEWhen an individual fails or passes a background check

21DE When an individual fails or passes a background check

(1) An individual fails a background check conducted under section 11AH or 11AJ if: (a) the individual’s identity cannot be verified to the Secretary’s satisfaction; or (b) the individual’s Australian citizenship cannot be verified to the Secretary’s satisfaction; or (c) the background check finds that the individual has an unfavourable criminal history; or (d) in the case where the Secretary has made a request under subsection 11A(2) in relation to the individual—the request has not been complied with; or (e) the Secretary cancels the background check under subsection 11A(7).

Note 1: If the Secretary has made a preliminary assessment that an individual has an unfavourable criminal history, the Secretary must give the individual an opportunity to make representations about the preliminary assessment (see section 12).

Note 2: AusCheck is not required to continue conducting a background check once it is established the individual has failed the background check.

(2) For the purposes of this section, an individual passes a background check if the background check was conducted and the individual did not fail the background check.

Note: Passing a background check does not ensure an individual’s participation in the Global Entry program. Participation in the program remains a matter for the discretion of the Government of the United States of America.