44Application provision—amendments made by the AusCheck Amendment (Global Entry Program) Regulations 2025

44 Application provision—amendments made by the AusCheck Amendment (Global Entry Program) Regulations 2025

Transitional—pre‑commencement applicants (1) An application for background checks in connection with an individual’s participation in the Global Entry program that was made before the commencement day is taken to be an application made under subsection 11AF(2), unless no background checks on the individual had been started by the commencement day. (2) A background check conducted by AusCheck in connection with an individual’s participation in the Global Entry program before the commencement day is taken to be a background check conducted under 11AH(1). (3) If: (a) before the commencement day, a person made an application for background checks in connection with an individual’s participation in the Global Entry program; and (b) on the commencement day, no background checks on the individual had been started; AusCheck may require the applicant to update and resubmit the application under subsection 11AF(2). (4) An application resubmitted under subsection (3) is taken to be made on the day it is resubmitted. Transitional—pre‑commencement GEP participants (5) The amendments made by Schedule 1 to the AusCheck Amendment (Global Entry Program) Regulations 2025 apply in relation to an individual who is a participant in the Global Entry program, regardless of whether the individual first became a participant in the program before, on or after the commencement day. (6) Despite subsection (5), an individual who made an application before the commencement day is not liable to pay a fee under section 30 for any background checks of the individual in relation to that application conducted under subsection 11AH(1) or (3) before, on or after that commencement.

Note: This subsection does not apply in relation to an individual who resubmits an application under subsection (3) of this section.

Transitional—meaning of conviction for ATS regulations and MTOFS regulations (7) Subsections 4A(2) and (3), as inserted by Schedule 1 to the AusCheck Amendment (Global Entry Program) Regulations 2025, apply in relation to a conviction of an individual in respect of whom a background check is made, regardless of whether: (a) the conviction occurs before, on or after the commencement day; or (b) the application for the background check is made before, on or after the commencement day.