AusCheck Amendment Regulation 2012 (No. 1)

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AusCheck Amendment Regulation 2012 (No. 1)1
Select Legislative Instrument 2012 No. 208
I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the AusCheck Act 2007.
Dated 30 August 2012
By Her Excellency’s Command
1              Name of regulation
                This regulation is the AusCheck Amendment Regulation 2012 (No. 1).
2              Commencement
                This regulation commences on the day after it is registered.
3              Amendment of AusCheck Regulations 2007
                Schedule 1 amends the AusCheck Regulations 2007.
Schedule 1        Amendments
(section 3)
[1]           Regulation 3, after definition of unlawful non-citizen
Note   For the definitions of the following terms, see subsection 4 (1) of the Act:
·      AusCheck database
·      aviation security identification card
·      maritime security identification card.
[2]           Regulation 5, heading
5              When background checks undertaken
[3]           Subparagraphs 5 (1) (b) (ii) and (iii)
                         (ii)    subregulation 6.08LC (1); or
[4]           After subregulation 5 (1)
      (1A)   AusCheck must undertake a background check if subregulation (5) applies.
[5]           After subregulation 5 (4)
         (5)   An issuing body is taken to have applied for a background check for an individual, on the second anniversary of the day an advice record is made in relation to the individual, if:
                (a)    the individual applied for a maritime security identification card and stated in an application for the card that he or she was applying for a card that is to be in force for 4 years; and
               (b)    the issuing body was advised under subregulation 9 (1), in relation to the application mentioned in paragraph (a), that the individual:
                          (i)    did not have an adverse criminal record; and
                         (ii)    did not have an adverse or qualified security assessment; and
                        (iii)    has not been convicted of a disqualifying offence; and
                (c)    the card has not been cancelled under paragraph 6.08M (1) (a), (b), (c), (ca), (d), (e), (ea), (eb) or (h) of the Maritime Transport and Offshore Facilities Security Regulations 2003; and
               (d)    the individual has not withdrawn consent for the background check before the application is taken to have been made under this subregulation.
         (6)   However, for each application for a card mentioned in paragraph (5) (a), an issuing body is to be taken to have applied only once under subregulation (5) for a background check for the individual who made the application.
         (7)   In subregulation (5):
advice record, in relation to an individual, means a record of advice about the outcome of a background check given under subregulation 9 (1) that is recorded in the AusCheck database.
[6]           Subregulation 6 (1)
subparagraph 5 (1) (b) (iii) or
[7]           Paragraphs 6 (1) (b) and (ba)
               (b)    the individual’s current residential address;
              (ba)    all other residential addresses of the individual in the 10 years before the application was made;
[8]           Subregulation 9 (1)
subparagraph 5 (1) (b) (iii) or subregulation 5 (2) or (4),
subregulation 5 (2), (4) or (5),
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See