AusCheck Regulations 2017 (Cth)

AusCheck Regulations 2017 made under the

AusCheck Act 2007

Compilation No. 11

Compilation date: 14 October 2024

Includes amendments: F2024L01299

About this compilation

This compilation

This is a compilation of the AusCheck Regulations 2017 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents 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 Part 2—AusCheck scheme 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 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 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 Part 4—Miscellaneous matters 30 Fees Part 5—Transitional, application and savings provisions 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 Division 2—AusCheck Amendment (System Functionality) Regulations 2017 36 Application provision—amendments made by AusCheck Amendment (System Functionality) Regulations 2017 Division 3—AusCheck Legislation Amendment (Required Information) Regulations 2019 37 Application provision—amendments made by the AusCheck Legislation Amendment (Required Information) Regulations 2019 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 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 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 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 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 Schedule 2—CIRMP‑security‑relevant offences 1 CIRMP level 1 offences 2 CIRMP level 2 offences Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history