Document ID: chunk:federal_register_of_legislation:F2024C00968:reg:8:p1
Version: federal_register_of_legislation:F2024C00968
Segment Type: reg
Provision Reference: reg 8 (pt 1/2)
Character Range: 34954–37796

8  Background check of applicants for, or holders of, ASICs or MSICs—application made by issuing body or Transport Secretary

When AusCheck may undertake a background check of an individual
 (1) AusCheck may undertake a background check of an individual if an application for a background check of the individual is made under:
 (a) any of the following provisions:
 (i) paragraph 6.27AA(1)(a) of the ATS Regulations or paragraph 6.08BA(a) of the MTOFS Regulations (which deal with applications by an issuing body relating to applicants for ASICs or MSICs);
 (ii) paragraph 6.27AA(1)(b) of the ATS Regulations or paragraph 6.08BA(b) of the MTOFS Regulations (which deal with applications by an issuing body relating to holders of ASICs or MSICs if applications for earlier background checks of the holders were incomplete etc.); or
 (b) subregulation 6.27AA(3) of the ATS Regulations or subregulation 6.08LC(1) of the MTOFS Regulations (which deal with applications by the Transport Secretary relating to certain applicants for, or holders of, ASICs or MSICs).

When AusCheck must undertake a background check of an individual
 (2) AusCheck must undertake a background check of an individual if an application for a background check of the individual is made under paragraph 6.27AA(1)(c) of the ATS Regulations or paragraph 6.08BA(c) of the MTOFS Regulations (which deal with applications by an issuing body relating to holders of ASICs or MSICs convicted of certain offences).

Application requirements
 (3) An application for a background check of an individual that is made under a provision referred to in paragraph (1)(a) of this section must:
 (a) be made electronically; and
 (b) include all of the required information for the individual; and
 (c) be made in the form (if any) approved for the purposes of this paragraph under subsection (6); and
 (d) meet any other requirements specified by the Secretary for the purposes of this paragraph under subsection (7).
 (4) An application for a background check of an individual that is made under a provision referred to in paragraph (1)(b) of this section must:
 (a) be made in writing; and
 (b) be made in the form (if any) approved for the purposes of this paragraph under subsection (6); and
 (c) meet any other requirements specified by the Secretary for the purposes of this paragraph under subsection (7).
 (5) An application for a background check of an individual that is made under a provision referred to subsection (2) of this section must:
 (a) be made electronically; and
 (b) include the information notified by the individual under subregulation 6.41(1) of the ATS Regulations or subregulation 6.08LB(2) of the MTOFS Regulations (as the case may be); and
 (c) include all of the required information for the individual mentioned in paragraphs 5(1)(a), (aa), (ab), (ba) and