Document ID: chunk:federal_register_of_legislation:C2009A00123:clause:1_8
Version: federal_register_of_legislation:C2009A00123
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 1885–3111

8  Establishment of AusCheck scheme
 (1) The regulations may provide for the establishment of a scheme (the AusCheck scheme) relating to the conduct and coordination of background checks of individuals if:
 (a) any of the following laws requires or permits a background check to be conducted of an individual for specified purposes:
 (i) the Aviation Transport Security Act 2004 or regulations under that Act;
 (ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act; or
 (b) any other Act (other than this Act) expressly:
 (i) requires or permits a background check of an individual to be conducted under the AusCheck scheme for purposes specified in the Act; or
 (ii) provides for the making of a legislative instrument requiring or permitting a background check of an individual to be conducted under the AusCheck scheme for purposes specified in the Act.
 (2) If paragraph (1)(b) applies, the background check must be conducted for purposes related to:
 (a) Australia's national security; or
 (b) the defence of Australia; or
 (c) a national emergency; or
 (d) the prevention of conduct to which Part 5.3 of Chapter 5 of the Criminal Code (which deals with terrorism) applies.