Document ID: chunk:federal_register_of_legislation:F2024C00968:reg:11ae
Version: federal_register_of_legislation:F2024C00968
Segment Type: reg
Provision Reference: reg 11AE
Character Range: 46231–47768

11AE  Background check for critical infrastructure risk management program purposes—deemed application
 (1) AusCheck may undertake a background check of an individual if:
 (a) a background check (the original background check) of the individual has been undertaken under section 11AD; and
 (b) after the original background check the Secretary considers, on reasonable grounds, that the individual:
 (i) has a CIRMP criminal record; or
 (ii) if the original background check was undertaken for the purpose of granting the individual access to a critical infrastructure asset declared by the Minister, by notifiable instrument, for the purposes of this subparagraph—constitutes a threat to the security of the asset.
 (2) In considering a matter under paragraph (1)(b), the Secretary must take into account:
 (a) any information given to the Secretary by the individual or the responsible entity in relation to whom the CIRMP applies; and
 (b) any information given to the Secretary by a law enforcement, or national security, agency (however described) about the individual; and
 (c) anything else relevant that the Secretary knows about.
 (3) If AusCheck undertakes a background check of an individual under subsection (1):
 (a) the applicant for the original background check is taken to have applied for the background check of the individual; and
 (b) the application for that background check is taken to be the same as the application for the original background check.

Division 3A—Further information etc. for background checks