Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) AusCheck database;
(b) background check;
(ba) critical infrastructure risk management program;
(bb) Defence Force magistrate;
(bc) Global Entry program;
(c) issuing body;
(ca) major national event;
(d) Secretary;
(e) Schedule 1A offence;
(f) service offence.
In this instrument:
Act means the AusCheck Act 2007.
adverse criminal intelligence assessment has the same meaning as in Part III of the Australian Crime Commission Act 2002.
adverse criminal record:
(a) for an individual who is an applicant for, or a holder of, an ASIC—has the meaning given by subregulation 6.01(2) of the ATS Regulations; or
(b) for an individual who is an applicant for, or a holder of, an MSIC—has the meaning given by subregulation 6.07B(3) of the MTOFS Regulations; or
(c) otherwise—has the meaning given by clause 1.3 of the SSBA Standards.
adverse security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.
ASIC has the same meaning as in the ATS Regulations but does not include a temporary ASIC issued under those regulations.
ATS Regulations means the Aviation Transport Security Regulations 2005.
AusCheck means that part of the Department that administers the AusCheck scheme.
Category A identification document:
(a) for an individual who is an applicant for, or a holder of, an ASIC—has the meaning given by subregulation 6.01(1) of the ATS Regulations; or
(b) for an individual who is an applicant for, or a holder of, an MSIC—has the meaning given by subregulation 6.07B(1) of the MTOFS Regulations; or
(c) for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check—means:
(i) for an individual who was born in Australia and is an Australian citizen—either the individual’s Australian birth certificate or a notice given to the individual under section 37 of the Australian Citizenship Act 2007; or
(ii) for any other individual—a valid document that provides evidence of the start of the individual’s identity in Australia; or
(d) for an individual in respect of whom an application has been made for background checks in connection with the individual’s participation in the Global Entry program means:
(i) an Australian birth certificate; or
(ii) a notice given to the individual under section 37 of the Australian Citizenship Act 2007.
Category B identification document:
(a) for an individual who is an applicant for, or a holder of, an ASIC—has the meaning given by subregulation 6.01(1) of the ATS Regulations; or
(b) for an individual who is an applicant for, or a holder of, an MSIC—has the meaning given by subregulation 6.07B(1) of the MTOFS Regulations; or
(c) for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check—means a current and valid document that:
(i) is issued to the individual by a Commonwealth, State or Territory Department or agency, or by a government of a foreign country or an agency of a government of a foreign country; and
(ii) provides photographic proof of the individual’s identity; and
(iii) includes the individual’s signature; or
(d) for an individual in respect of whom an application has been made for background checks in connection with the individual’s participation in the Global Entry program means a current and valid Australian passport.
Note: An example for the purposes of paragraph (c) is a current and valid Australian or foreign passport or a driver licence.
Category C identification document:
(a) for an individual who is an applicant for, or a holder of, an ASIC—has the meaning given by subregulation 6.01(1) of the ATS Regulations; or
(b) for an individual who is an applicant for, or a holder of, an MSIC—has the meaning given by subregulation 6.07B(1) of the MTOFS Regulations; or
(c) for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check—means a current and valid document that provides evidence of the individual’s use of identity while operating in the community (which may be a community outside Australia); or
(d) for an individual in respect of whom an application has been made for background checks in connection with the individual’s participation in the Global Entry program—means a current and valid document that provides evidence of the individual’s use of identity while operating in the community (which may be a community outside Australia).
Note: An example for the purposes of paragraph (c) or (d) is a current and valid medicare card or a membership card issued by a private health insurer.
Category D identification document, for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check, means a valid document that:
(a) provides evidence of the individual’s current residential address (which may be a residential address outside Australia); and
(b) is less than 6 months old.
Note: An example is a current utilities notice.
CIRMP is short for critical infrastructure risk management program.
CIRMP criminal record: an individual has a CIRMP criminal record if the individual has been:
(a) convicted of a CIRMP level 1 offence; or
(b) convicted of a CIRMP level 2 offence and sentenced to any term of imprisonment for the offence.
CIRMP level 1 offence means a CIRMP‑security‑relevant offence mentioned in an item in the table in clause 1 of Schedule 2.
CIRMP level 2 offence means a CIRMP‑security‑relevant offence mentioned in an item in the table in clause 2 of Schedule 2.
CIRMP‑security‑relevant offence means an offence mentioned in an item in a table in Schedule 2 against a law of the Commonwealth, a State or a Territory.
conviction has the meaning given by section 4A.
critical infrastructure asset has the same meaning as in the Security of Critical Infrastructure Act 2018.
entity has the same meaning as in the National Health Security Act 2007.
full name: to avoid doubt, the full name of an individual includes any middle names.
GEP criminal record: an individual has a GEP criminal record if:
(a) the individual has been convicted by a court martial or a Defence Force magistrate of:
(i) a service offence other than a Schedule 1A offence; or
(ii) a Schedule 1A offence for which a punishment of imprisonment was imposed on the individual; or
(b) the individual’s criminal history shows that the individual has been convicted of an offence (other than a service offence) against a law of the Commonwealth, a State or a Territory.
GEP participant: see subsection 11AH(2).
health security relevant offence has the meaning given by clause 1.3 of the SSBA Standards.
identification document means:
(a) a Category A identification document; or
(b) a Category B identification document; or
(c) a Category C identification document; or
(d) for an individual who is an applicant for, or a holder of, an MNE accreditation, or for an individual for whom a CIRMP permits a background check—a Category D identification document.
Immigration Department means the Department administered by the Minister administering the Migration Act 1958.
imprisonment includes periodic detention, home‑based detention and detention until the rising of a court, but does not include an obligation to perform community service.
MNE is short for major national event.
MNE accreditation means accreditation of an individual in relation to a major national event.
MNE criminal record: an individual has an MNE criminal record if the individual has been:
(a) convicted of an MNE level 1 disqualifying offence; or
(b) convicted of an MNE level 2 offence and sentenced to any term of imprisonment for the offence; or
(c) convicted of an MNE level 3 offence and sentenced to a term of imprisonment of 12 months or more for the offence.
MNE level 1 disqualifying offence means an MNE‑security‑relevant offence mentioned in an item in the table in clause 1 of Schedule 1.
MNE level 2 offence means an MNE‑security‑relevant offence mentioned in an item in the table in clause 2 of Schedule 1.
MNE level 3 offence means an MNE‑security‑relevant offence mentioned in an item in the table in clause 3 of Schedule 1.
MNE‑security‑relevant offence means an offence mentioned in an item in a table in Schedule 1 against a law of the Commonwealth, a State or a Territory.
MSIC has the same meaning as in the MTOFS Regulations but does not include a temporary MSIC (within the meaning of those regulations).
MTOFS Regulations means the Maritime Transport and Offshore Facilities Security Regulations 2003.
NHS entity means an entity to which Division 5 of Part 3 of the National Health Security Act 2007 applies.
notification period: see subsection 22(5).
offshore facility has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003.
old regulations means the AusCheck Regulations 2007.
operational need:
(a) for an ASIC—has the meaning given by subregulation 6.01(1) of the ATS Regulations; or
(b) for an MSIC—has the meaning given by regulation 6.07F of the MTOFS Regulations.
organising body, for a major national event, means the person declared to be the organising body for the event by the Minister under section 21E.
qualified criminal record has the meaning given by clause 1.3 of the SSBA Standards.
qualified security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.
required information: see section 5.
responsible entity has the same meaning as in the Security of Critical Infrastructure Act 2018.
SSBA Standards has the same meaning as in the National Health Security Act 2007.
transferred ASIC applications has the meaning given by paragraph 6.22(2)(b) of the ATS Regulations.
transferred ASICs has the meaning given by paragraph 6.22(2)(a) of the ATS Regulations.
transferred MSIC applications has the meaning given by paragraph 6.07ZA(2)(b) of the MTOFS Regulations.
transferred MSICs has the meaning given by paragraph 6.07ZA(2)(a) of the MTOFS Regulations.
Transport Secretary means the Secretary of the Department administered by the Minister who administers the Aviation Transport Security Act 2004.
unfavourable criminal history: see section 6.
verifying person, for an identity verification check of an individual, means:
(a) if the identity verification check is in connection with MNE accreditation in relation to a major national event:
(i) AusCheck; or
(ii) the organising body for the major national event; or
(iii) a person acting on behalf of AusCheck or the organising body; or
(b) if the identity verification check is permitted under a CIRMP:
(i) AusCheck; or
(ii) the responsible entity in relation to whom the CIRMP applies; or
(iii) a person acting on behalf of AusCheck or the responsible entity.