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Schedule 11—Amendment of the AusCheck Act 2007

Schedule 11 Amendment of the AusCheck Act 2007

   

AusCheck Act 2007

1  Subsection 4(1)

Insert:

major national event has the meaning given by section 5A.

2  After section 5

Insert:

5A   Declaration of major national events

             (1)  The Minister may, by legislative instrument, declare that a specified event is a major national event for the purposes of this Act.

             (2)  The Minister must not make a declaration under subsection (1) in relation to an event unless the Minister is satisfied that it is in the national interest that the Commonwealth be involved in the conduct and coordination of background checks in connection with the accreditation of individuals in relation to the event.

             (3)  In considering whether to make a declaration under subsection (1) in relation to an event, the Minister may have regard to:

                     (a)  the significance of the event; and

                     (b)  the need (if any) to coordinate security arrangements in relation to the event with one or more States or Territories or one or more foreign governments; and

                     (c)  any risk assessment relating to the event; and

                     (d)  the potential impact of any security incident relating to the event on Australia’s reputation; and

                     (e)  the anticipated attendees at the event; and

                      (f)  any other matter the Minister considers relevant.

3  At the end of subsection 8(1)

Add:

               ; or (d)  the check is of an individual in connection with the accreditation of the individual in relation to a major national event.

4  After subsection 8(2)

Insert:

Background checks in connection with major national events

          (2A)  If paragraph (1)(d) applies, the background check must be conducted:

                     (a)  for purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or

                     (b)  for purposes involving, or for purposes related to, the collection and transmission of information by a communication using a postal, telegraphic, telephonic or other like service; or

                     (c)  in, or for purposes related to, a Territory; or

                     (d)  in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970 ); or

                     (e)  in the course of, or for purposes related to, trade or commerce with other countries, and among the States; or

                      (f)  in relation to a person who is an employee of, an office holder in, or otherwise connected with, a corporation to which paragraph 51(xx) of the Constitution applies, where the results of the check are relevant to:

                              (i)  the relationship between the person and the corporation; or

                             (ii)  the protection of the corporation; or

                            (iii)  the activities of the corporation; or

                     (g)  for purposes related to external affairs; or

                     (h)  for purposes related to the background checking of, or the protection of, aliens; or

                      (i)  for purposes related to:

                              (i)  Australia’s national security; or

                             (ii)  the defence of Australia; or

                            (iii)  a national emergency; or

                            (iv)  the prevention of conduct to which Part 5.3 or 5.5 of the Criminal Code applies; or

                      (j)  by way of the provision of a service, for a purpose of the Commonwealth, to:

                              (i)  the Commonwealth; or

                             (ii)  an authority of the Commonwealth; or

                     (k)  for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

5  At the end of section 8

Add:

Definitions

             (5)  A term used in subsection (2A) and the Constitution has the same meaning in that subsection as it has in the Constitution.

6  After section 10

Insert:

10AA   Matters covered by the AusCheck scheme—background checks in connection with major national events

             (1)  The AusCheck scheme may, for the purposes of paragraph 8(1)(d), make provision for and in relation to any of the following:

                     (a)  the giving to the Secretary of information, relating to an individual in respect of whom a background check is conducted, that is directly necessary for the purpose of conducting the background check;

                     (b)  the criteria against which a background check is to be assessed;

                     (c)  the decision or decisions that may be made as a result of a background check;

                     (d)  the form of advice to be given to an individual in respect of whom a background check is conducted;

                     (e)  the form of advice to be given to other persons about the outcome of a background check.

             (2)  The matters referred to in subsection (1) may relate to:

                     (a)  all background checks to be conducted for the purposes of paragraph 8(1)(d); or

                     (b)  a specified class of background checks.

(178/16)