Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Legislative instruments
In force
Text
Details
Authorises
Downloads
All versions
Interactions
AusCheck Regulations 2017
In force
Administered by
Department of Home Affairs
This item is authorised by the following title:
AusCheck Act 2007
Superseded version
View latest version
Order print copy
Save this title to My Account
Set up an alert
F2019C00554 (C03)
01 July 2019
-
18 July 2019
Legislation text
View document
Select value
Legislative instrument
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part 1—Preliminary
1 Name
3 Authority
4 Definitions
5 Required information
5AA Classes of Category A identification documents that AusCheck cannot use
5A Exemption from requirement to provide details of identification document
5B Inability to verify identity of individual
6 Unfavourable criminal history
Collapse
Part 2—AusCheck scheme
Collapse
Division 1—Establishment of AusCheck scheme
7 Establishment of the AusCheck scheme
Division 2—Background checks for aviation and maritime security purposes
8 Background check of applicants for, or holders of, ASICs or MSICs—application made by issuing body or Transport Secretary
9 Background check of applicants for, or holders of, ASICs or MSICs—deemed application by individuals convicted of certain offences
10 Background check of holders of MSICs that are in force for 4 years etc.
Division 3—Background checks for national health security purposes
11 Background check of individuals for national health security purposes
Division 3A—Further information etc. for background checks
11A Secretary may request information etc. for background checks
Division 4—Preliminary assessment that individual has an unfavourable criminal history
12 Preliminary assessment by Secretary that an individual has an unfavourable criminal history
Division 5—Advice about background check of individuals
Collapse
Subdivision A—Advice about background checks for aviation and maritime security purposes
13 Advice about background check of an individual—application made, or taken to have been made, by an issuing body
14 Advice about background check of an individual—application made by the Transport Secretary
15 Advice about background check of an individual—deemed application by an individual
15A Advice about background check that is cancelled
16 Secretary must give the Transport Secretary advice about background check etc. in certain circumstances
16A AusCheck may undertake new background checks
17 Secretary must give further advice if initial advice is inaccurate or incomplete
18 Secretary may give advice to new issuing body for transferred ASIC or MSIC applications etc.
Subdivision B—Advice about background checks for national health security purposes
19 Advice about background check of an individual—application made by an NHS entity
20 Advice about background check of an individual—application taken to have been made by an NHS entity
20A Advice about background check that is cancelled
20B AusCheck may undertake new background checks
21 Secretary must give further advice if initial advice is inaccurate or incomplete
Division 6—Online verification service
22 Issuing body must give Secretary certain information after background check of an individual
23 Issuing body must inform Secretary of decision not to issue ASIC or MSIC to certain individuals
24 NHS entity must inform Secretary of cancellation or suspension of an authorisation under SSBA Standards
Division 7—Other matters
25 Assessment of information relating to an individual’s criminal history from foreign countries
26 Review by the Administrative Appeals Tribunal
27 Website
Collapse
Part 3—AusCheck database
28 Treatment of new issuing body for transferred ASIC or MSIC applications etc. for the purposes of the AusCheck database
29 Guidelines about use and disclosure of information included in AusCheck database
Collapse
Part 4—Miscellaneous matters
30 Fees
Collapse
Part 5—Transitional, application and savings provisions
Collapse
Division 1—AusCheck Regulations 2017
31 Transitional provision—applications for background checks
32 Transitional provision—preliminary assessments
33 Application provision—requirement to give advice to Transport Secretary in certain circumstances
34 Application provision—online verification service requirements
35 Savings provision—guidelines
Collapse
Division 2—AusCheck Amendment (System Functionality) Regulations 2017
36 Application provision—amendments made by AusCheck Amendment (System Functionality) Regulations 2017
Collapse
Division 3—AusCheck Legislation Amendment (Required Information) Regulations 2019
37 Application provision—amendments made by the AusCheck Legislation Amendment (Required Information) Regulations 2019
Collapse
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes