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AusCheck Regulations 2017
In force
Administered by
Department of Home Affairs
This item is authorised by the following title:
AusCheck Act 2007
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F2024C00968 (C11)
14 October 2024
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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
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Part 2—AusCheck scheme
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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 3AA—Background checks for major national event purposes
11AA Background check of applicants for, or holders of, MNE accreditation—application by organising body
11AB Background check of applicants for, or holders of, MNE accreditation—deemed application
11AC AusCheck not to conduct or continue a background check in relation to major national event after event has concluded
Division 3AAB—Background checks for critical infrastructure risk management program purposes
11AD Background check for critical infrastructure risk management program purposes—application by responsible entity or individual
11AE Background check for critical infrastructure risk management program purposes—deemed application
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
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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 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
Subdivision C—Advice about background checks for major national event purposes
21A Advice about background check of an individual—application made by organising body etc.
21B Advice about background check that is cancelled
21C AusCheck may undertake new background checks
21D Secretary must give further advice if initial advice is inaccurate or incomplete
Subdivision D—Advice about background checks for critical infrastructure risk management programs
21DA Advice about background check of an individual
21DB Advice about background check that is cancelled
21DC AusCheck may undertake new background checks
21DD Secretary must give further advice if initial advice is inaccurate or incomplete
Division 5A—Matters relating to major national events
Subdivision A—Organising bodies and types of assessments and identity checks
21E Organising bodies for major national events
21F Minister may declare types of assessments and identity verification checks for background checks
Subdivision B—Applying for background checks and requirements for identity verification checks
21G Arranging background check
21H Electronic identity verification checks
21J In person identity verification checks
21K Exemptions
21L AusCheck not required to continue background check if identity not verified
Subdivision C—Decisions in relation to MNE accreditation
21M Decisions in relation to MNE accreditation
21N Organising body must advise Secretary of certain decisions
21P Organising body must inform Secretary of cancellation or suspension of an MNE accreditation
Division 5B—Matters relating to critical infrastructure risk management programs
Subdivision A—Applying for background checks and requirements for identity verification checks
21Q Arranging background check
21V Electronic identity verification checks
21W In person identity verification checks
21X Exemptions
21Y AusCheck not required to continue background check if identity not verified
Subdivision B—Provision of information relating to background checks for critical infrastructure risk management program purposes
21ZA Responsible entity must inform Secretary of certain decisions
21ZB Individual must inform Secretary of certain CIRMP security relevant offences
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 Review Tribunal
27 Website
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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
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Part 4—Miscellaneous matters
30 Fees
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Part 5—Transitional, application and savings provisions
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Division 1—AusCheck Regulations 2017
31 Transitional provision—applications for background checks
32 Transitional provision—preliminary assessments
34 Application provision—online verification service requirements
35 Savings provision—guidelines
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Division 2—AusCheck Amendment (System Functionality) Regulations 2017
36 Application provision—amendments made by AusCheck Amendment (System Functionality) Regulations 2017
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Division 3—AusCheck Legislation Amendment (Required Information) Regulations 2019
37 Application provision—amendments made by the AusCheck Legislation Amendment (Required Information) Regulations 2019
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Division 4—AusCheck Legislation Amendment (2019 Measures No. 1) Regulations 2019
38 Application provision—amendments made by the AusCheck Legislation Amendment (2019 Measures No. 1) Regulations 2019
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Division 5—Transport Security Legislation Amendment (Serious Crime) Regulations 2021
39 Application provision—amendments made by the Transport Security Legislation Amendment (Serious Crime) Regulations 2021
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Division 6—Transport Security Legislation Amendment (Serious Crime) Regulations 2022
40 Application provision—amendments made by Schedule 1
41 Application provision—amendments made by Schedule 2
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Division 7—Transport Security Legislation Amendment (Criminal Intelligence Threshold) Regulations 2023
42 Application provision—amendments made by the Transport Security Legislation Amendment (Criminal Intelligence Threshold) Regulations 2023
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Schedule 1—MNE security relevant offences
1 MNE level 1 disqualifying offences
2 MNE level 2 offences
3 MNE level 3 offences
4 References to offences
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Schedule 2—CIRMP security relevant offences
1 CIRMP level 1 offences
2 CIRMP level 2 offences
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history