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AusCheck Bill 2007

Part 1 Preliminary


1   Short title

                   This Act may be cited as the AusCheck Act 2006 .

2   Commencement

                   This Act commences on the day after it receives the Royal Assent.

3   Object of Act

                   The object of this Act is to provide a regulatory framework for coordinating and conducting certain criminal, security and other background checking.

4   Definitions

                   In this Act:

AusCheck database means the database referred to in section 14.

AusCheck scheme means the scheme prescribed for the purposes of section 8.

AusCheck scheme personal information means personal information:

                     (a)  that is obtained under the AusCheck scheme; or

                     (b)  that relates to the administration of the AusCheck scheme.

AusCheck staff member means:

                     (a)  an APS employee who performs functions relating to, or for the purposes of, the AusCheck scheme; or

                     (b)  a person engaged as a consultant or contractor to perform functions relating to, or for the purposes of, the AusCheck scheme.

Note:          For the definition of APS employee , see section 17AA of the Acts Interpretation Act 1901 .

permanent resident means a person:

                     (a)  who is not an Australian citizen; and

                     (b)  whose normal place of residence is situated in Australia; and

                     (c)  whose presence in Australia is not subject to any limitation as to time imposed by law; and

                     (d)  who is not an unlawful non-citizen.

personal information has the same meaning as in the Privacy Act 1988 .

unlawful non-citizen has the same meaning as in the Migration Act 1958 .

5   Definition of background check

                   A background check , in relation to an individual, is an assessment of information relating to one or more of the following:

                     (a)  the individual’s criminal history;

                     (b)  matters relevant to a security assessment of the individual;

                     (c)  the individual’s citizenship status, residency status or the individual’s entitlement to work in Australia, including but not limited to, whether the person is an Australian citizen, a permanent resident or an unlawful non-citizen;

                     (d)  such other matters as are prescribed by the regulations.

6   Crown to be bound

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to be prosecuted for an offence.

7  Extension to external Territories

                   This Act extends to every external Territory.