Document ID: chunk:federal_register_of_legislation:C2018A00034:clause:11_4
Version: federal_register_of_legislation:C2018A00034
Segment Type: clause
Provision Reference: sch 11 cl 4
Character Range: 155353–157230

4  After subsection 8(2)
Insert:

Background checks in connection with major national events
 (2A) If paragraph (1)(d) applies, the background check must be conducted:
 (a) for purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or
 (b) for purposes involving, or for purposes related to, the collection and transmission of information by a communication using a postal, telegraphic, telephonic or other like service; or
 (c) in, or for purposes related to, a Territory; or
 (d) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or
 (e) in the course of, or for purposes related to, trade or commerce with other countries, and among the States; or
 (f) in relation to a person who is an 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.