AusCheck Regulations 2017
21ZBIndividual must inform Secretary of certain CIRMP‑security‑relevant offences
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21ZB Individual must inform Secretary of certain CIRMP‑security‑relevant offences
CIRMP level 1 offence—conviction (1) An individual commits an offence if: (a) the Secretary advises a responsible entity about a background check of the individual under section 21DA or 21DD; and (b) after receiving the advice, the responsible entity makes a decision to grant, or continue to grant, the individual access to a critical infrastructure asset declared by the Minister, by notifiable instrument, for the purposes of this paragraph; and (c) during the period of 2 years beginning on the day the Secretary gives the advice, the individual is convicted of a CIRMP level 1 offence; and (d) the individual does not inform the Secretary, in writing, of the following matters within 7 days after individual is convicted: (i) the individual’s name, date of birth and residential address; (ii) the date the individual was convicted; (iii) the court in which the individual was convicted.
Penalty: 5 penalty units.
CIRMP level 2 offence—conviction and imprisonment (2) An individual commits an offence if: (a) the Secretary advises a responsible entity about a background check of the individual under section 21DA or 21DD; and (b) after receiving the advice, the responsible entity makes a decision to grant, or continue to grant, the individual access to a critical infrastructure asset declared by the Minister, by notifiable instrument, for the purposes of this paragraph; and (c) during the period of 2 years beginning on the day the Secretary gives the advice, the individual is convicted of a CIRMP level 2 offence and sentenced to any term of imprisonment for the offence; and (d) the individual does not inform the Secretary, in writing, of the following matters within 7 days after individual is sentenced: (i) the individual’s name, date of birth and residential address; (ii) the date the individual was convicted and sentenced; (iii) the court in which the individual was convicted and sentenced.
Penalty: 5 penalty units.