Document ID: chunk:federal_register_of_legislation:C2024C00555:section:4:p2
Version: federal_register_of_legislation:C2024C00555
Segment Type: section
Provision Reference: s 4 (pt 2/2)
Character Range: 6593–8599

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.
resolved: for when a charge for a serious offence is resolved in relation to an individual, see subsection (3).
Secretary means the Secretary of the Department.
serious offence:
 (a) in relation to an applicant for, or holder of, an ASIC—means an aviation‑security‑relevant offence of a kind specified in the regulations for the purposes of this paragraph; and
 (b) in relation to an applicant for, or holder of, an MSIC—means a maritime‑security‑relevant offence of a kind specified in the regulations for the purposes of this paragraph.
State or Territory authority means a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.
unlawful non‑citizen has the same meaning as in the Migration Act 1958.

Meaning of personal information
 (2) To avoid doubt:
personal information, in relation to an individual, includes the following:
 (a) the number of an ASIC or MSIC issued to the individual;
 (b) any other identifier assigned to the individual;
 (c) a photograph of the individual.

When a charge is resolved
 (3) For the purposes of this Act, a charge for a serious offence is resolved in relation to an individual if the charge is finally dealt with in any of the following ways:
 (a) the charge is withdrawn;
 (b) the charge is dismissed by a court;
 (c) the individual is discharged by a court following a committal hearing;
 (d) the individual is acquitted of the offence by a court;
 (e) the individual is found guilty of the offence and a court:
 (i) sentences the person for the offence; or
 (ii) makes an order relating to the offence under section 19B of the Crimes Act 1914, or a corresponding provision of a law of a State or Territory.