Document ID: chunk:federal_register_of_legislation:C2024C00555:section:8:p1
Version: federal_register_of_legislation:C2024C00555
Segment Type: section
Provision Reference: s 8 (pt 1/3)
Character Range: 11090–13874

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; or
 (ba) a critical infrastructure risk management program permits a background check of an individual to be conducted under the AusCheck scheme; or
 (c) a regulation made under subsection (3) requires or permits a background check to be conducted of an individual; or
 (d) the check is of an individual in connection with the accreditation of the individual in relation to a major national event.

National security background checks
 (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 or 5.5 of Chapter 5 of the Criminal Code (which deal with terrorism, foreign incursions and recruitment) applies.

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)