Document ID: chunk:federal_register_of_legislation:C2015C00044:clause:2_23:p1
Version: federal_register_of_legislation:C2015C00044
Segment Type: clause
Provision Reference: sch 2 cl 23 (pt 1/2)
Character Range: 66413–69276

23  At the end of section 11
Add:

Directions in connection with background checks required or permitted under the regulations—charges for serious offences
 (3) Without limiting subsection (1), the AusCheck scheme may empower the Secretary to give one or more of the following kinds of direction if the Secretary considers on reasonable grounds that an individual has been charged with a serious offence:
 (a) a direction to an issuing body to delay considering an application for an ASIC or MSIC to be issued to the individual until further direction from the Secretary in accordance with subsection (4);
 (b) a direction to the Transport Secretary to delay considering an application for approval to issue an ASIC or MSIC to the individual until further direction from the Secretary in accordance with subsection (4);
 (c) a direction to an issuing body to suspend an ASIC or MSIC issued by the issuing body to the individual until further direction from the Secretary in accordance with subsection (4);
 (d) a direction to the Transport Secretary to delay considering an application to set aside the cancellation of an ASIC or MSIC issued to the individual until further direction from the Secretary in accordance with subsection (4).

Giving further directions referred to in subsection (3)
 (4) The Secretary:
 (a) must give the further direction referred to in subsection (3) to the relevant person as soon as practicable after the Secretary considers that:
 (i) all charges for serious offences have been resolved in relation to the individual; and
 (ii) a background check has been conducted covering the matter referred to in paragraph 5(a) (criminal history) after subparagraph (i) is satisfied, whether or not the background check also covers other matters; and
 (b) may give the further direction at any time before paragraph (a) applies.

Directions under subsection (3) to suspend ASICs or MSICs—other cards also taken to be suspended
 (5) If an ASIC or MSIC is suspended as referred to in paragraph (3)(c), then any other card issued to the individual under the Aviation Transport Security Regulations 2005 or the Maritime Transport and Offshore Facilities Security Regulations 2003 is taken also to be suspended.

Other matters connected with giving directions under subsection (3)
 (6) The AusCheck scheme may make provision for matters connected with the giving of a direction under subsection (3), including the following:
 (a) preventing the individual from making any other application under the Aviation Transport Security Regulations 2005 or the Maritime Transport and Offshore Facilities Security Regulations 2003, or entering any area or zone to which access is restricted under those regulations, until after the further direction referred to in subsection (3) has been given;
 (b) preventing an issuing body or other person from issuing