23Issuing body must inform Secretary of decision not to issue ASIC or MSIC to certain individuals

23 Issuing body must inform Secretary of decision not to issue ASIC or MSIC to certain individuals

If: (a) AusCheck undertakes a background check of an individual; and (b) the Secretary advises an issuing body under section 13 that: (i) the individual does not have an unfavourable criminal history; or (ii) the security assessment of the individual is not an adverse security assessment or qualified security assessment; or (iia) the Department has not been given an adverse criminal intelligence assessment of the individual; or (iii) the individual is not an unlawful non‑citizen; or (iv) the individual holds a visa entitling the individual to work in Australia; and (c) the issuing body decides not to issue an ASIC or MSIC to the individual; the issuing body must inform the Secretary of that decision as soon as practicable after the decision is made.