Document ID: chunk:federal_register_of_legislation:F2024C00968:reg:15
Version: federal_register_of_legislation:F2024C00968
Segment Type: reg
Provision Reference: reg 15
Character Range: 56087–57383

15  Advice about background check of an individual—deemed application by an individual
 (1) This section applies if:
 (a) an application for a background check of an individual who has applied for, or who holds, an ASIC or MSIC is taken to have been made by the individual under subsection 9(2); and
 (b) AusCheck undertakes a background check of the individual.

Advice relating to criminal history
 (2) The Secretary must advise the individual whether or not the individual has an unfavourable criminal history.
 (3) If the Secretary advises the individual under subsection (2) that the individual has an unfavourable criminal history, the Secretary must give the individual the reasons for that advice.
 (4) If the Secretary advises the individual under subsection (2) that the individual has an unfavourable criminal history, the Secretary must inform the issuing body for the ASIC or MSIC of that advice.
 (5) If:
 (a) the issuing body for the ASIC or MSIC has been advised in relation to a previous background check of the individual; and
 (b) the advice in relation to the previous background check was that the individual had an unfavourable criminal history;
the Secretary must also advise the issuing body whether there has been a material change in the individual's criminal history.