21MDecisions in relation to MNE accreditation

21M Decisions in relation to MNE accreditation

(1) This section applies if: (a) AusCheck undertakes a background check of an individual in connection with the accreditation of the individual in relation to a major national event; and (b) under section 21A or 21D, the Secretary advises the organising body for the major national event of the result of the background check. (2) If the Secretary advises the organising body that: (a) if the background check included a criminal record check of the individual—the individual has been convicted of an MNE level 1 disqualifying offence; or (b) if the background check included a security assessment of the individual—the security assessment of the individual is an adverse security assessment or qualified security assessment; the organising body: (c) must decide not to issue an MNE accreditation to the individual in relation to the major national event; or (d) if the organising body has issued an MNE accreditation to the individual in relation to the major national event—must decide to cancel the individual’s MNE accreditation within 48 hours after receiving the Secretary’s advice. (3) Except as provided under subsection (2), nothing in this section limits the decision an organising body may make in connection with MNE accreditation in relation to a major national event. (4) An organising body for a major national event commits an offence if: (a) the Secretary advises the organising body as mentioned in subsection (2) in relation to an individual; and (b) the organising body: (i) issues an MNE accreditation to the individual in relation to the major national event after receiving the Secretary’s advice; or (ii) if, before receiving the Secretary’s advice, the organising body has issued an MNE accreditation to the individual in relation to the major national event—fails to cancel the MNE accreditation within 48 hours after receiving the Secretary’s advice.

Penalty for a contravention of subsection (4): 5 penalty units.