Document ID: chunk:federal_register_of_legislation:C2024C00555:section:8:p2
Version: federal_register_of_legislation:C2024C00555
Segment Type: section
Provision Reference: s 8 (pt 2/3)
Character Range: 13624–16325

employee of, an office holder in, or otherwise connected with, a corporation to which paragraph 51(xx) of the Constitution applies, where the results of the check are relevant to:
 (i) the relationship between the person and the corporation; or
 (ii) the protection of the corporation; or
 (iii) the activities of the corporation; or
 (g) for purposes related to external affairs; or
 (h) for purposes related to the background checking of, or the protection of, aliens; or
 (i) for purposes related to:
 (i) Australia's national security; or
 (ii) the defence of Australia; or
 (iii) a national emergency; or
 (iv) the prevention of conduct to which Part 5.3 or 5.5 of the Criminal Code applies; or
 (j) by way of the provision of a service, for a purpose of the Commonwealth, to:
 (i) the Commonwealth; or
 (ii) an authority of the Commonwealth; or
 (k) for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

Background checks required or permitted under the regulations—charges for serious offences
 (3) The regulations may require or permit a background check covering a matter referred to in paragraph 5(a), (aa) or (d) to be conducted in relation to an individual if:
 (a) one of the following applies:
 (i) the individual has applied to an issuing body for an ASIC or MSIC, and the issuing body has neither issued, nor refused to issue, the ASIC or MSIC;
 (ii) the individual or an issuing body has applied under regulations made under the Aviation Transport Security Act 2004 or the Maritime Transport and Offshore Facilities Security Act 2003 for approval to issue an ASIC or MSIC to the individual, and the application has not been determined;
 (iii) the individual is the holder of an ASIC or MSIC;
 (iv) the individual or an issuing body has applied under regulations made under either of those Acts to set aside the cancellation of an ASIC or MSIC issued to the individual;
 (v) the individual has applied to the Administrative Review Tribunal for review of a decision made under regulations made under either of those Acts, or a decision made under the AusCheck scheme, relating to the issue, suspension or cancellation of an ASIC or MSIC, and the application has not been determined; and
 (b) the Secretary considers on reasonable grounds that:
 (i) the individual has been charged with a serious offence; or
 (ii) a charge for a serious offence has been resolved in relation to the individual.
Note: The matters referred to in paragraphs 5(a), (aa) and (d) cover the individual's criminal history, whether the individual has been charged with a serious offence or has had a charge for