Document ID: chunk:federal_register_of_legislation:F2024C00968:reg:5a
Version: federal_register_of_legislation:F2024C00968
Segment Type: reg
Provision Reference: reg 5A
Character Range: 30055–32949

5A  Exemption from requirement to provide details of identification document
 (1) This section applies if:
 (a) an individual is required to provide details of an identification document; and
 (b) AusCheck cannot use the details to verify electronically the individual's identity for the purposes of a background check; and
 (c) the requirement does not relate to a background check of the individual in connection with MNE accreditation; and
 (d) the requirement does not relate to a background check of the individual permitted under a CIRMP.
 (2) The issuing body may apply to the Secretary for an exemption from the requirement for the individual to provide details of the identification document.

Requirements for application
 (3) The application must:
 (a) be made electronically; and
 (b) state that the individual has an identification document whose details AusCheck cannot use to verify electronically the individual's identity; and
 (c) if the individual has another identification document—include details of that document; and
 (d) in any case—include any other information that may assist the Secretary in making a decision about whether to grant an exemption in relation to the individual.

Matters to be considered
 (4) In making a decision under this section in relation to the individual, the Secretary must consider the following matters:
 (a) the extent to which the issuing body can show evidence of the identity of the individual;
 (b) the reason why the details of the individual's identification document cannot be used to verify electronically the individual's identity;
 (c) if the application included details of another identification document—whether AusCheck can use the details to verify electronically the individual's identity.

Requirement for further information
 (5) If the Secretary requires further information to consider the application, the Secretary may request the issuing body to give the further information within 30 days after receiving the request.

When decision must be made
 (6) The Secretary must, in writing and within 30 days after receiving the application or, if further information is requested, within 30 days after receiving the further information in accordance with subsection (5):
 (a) do any one of the following:
 (i) grant the exemption in relation to the individual;
 (ii) for an exemption in relation to a Category A identification document—grant the exemption in relation to the individual, subject to one or more conditions;
 (iii) in any case—refuse to grant the exemption in relation to the individual; and
 (b) notify the issuing body of the decision; and
 (c) if the decision is a refusal—notify the issuing body of the reasons for the refusal.
 (7) The Secretary is taken to have refused to grant the exemption if the Secretary has not made a decision on the application within the period mentioned in subsection (6).