Document ID: chunk:federal_register_of_legislation:F2024C00968:reg:4:p3
Version: federal_register_of_legislation:F2024C00968
Segment Type: reg
Provision Reference: reg 4 (pt 3/5)
Character Range: 15094–17685

of an individual who is an applicant for, or a holder of, an MNE accreditation, or of an individual for whom a CIRMP permits a background check, for an offence, has the same meaning as in Part VIIC of the Crimes Act 1914, but does not include:
 (a) a spent conviction (within the meaning of subsection 85ZM(2) of that Act) if Division 3 of Part VIIC of that Act applies to the individual in relation to the conviction; or
 (b) a conviction for an offence of which, under a law relating to pardons or quashed convictions, the individual is taken never to have been convicted.
Note 1: Under subsection 85ZM(1) of the Crimes Act 1914, a person is also taken to have been convicted of an offence if the person:
(a) has been found guilty of the offence but discharged without conviction; or
(b) has not been found guilty of the offence but a court has taken the offence into account in sentencing the person for another offence (see paragraphs 85ZM(1)(b) and (c) of that Act).
Note 2: Under Part VIIC of the Crimes Act 1914, if a person receives a free and absolute pardon for an offence against a law of the Commonwealth or a Territory because the person was wrongly convicted of the offence, the person is taken for all purposes never to have been convicted (see section 85ZR of that Act).
Note 3: In certain circumstances, Division 3 of Part VIIC of the Crimes Act 1914 ceases to apply to a person in relation to a spent conviction if Division 4 of that Part (Convictions of further offences) applies.
Note 4: Under the Crimes Act 1914, a person need not disclose convictions that:
(a) have been quashed (see section 85ZT of that Act); or
(b) are spent (see section 85ZV of that Act).
Note 5: Convictions for MNE level 1 disqualifying offences do not become spent for the purposes of assessing whether to issue the convicted person with an MNE accreditation—see paragraph 85ZZH(k) of the Crimes Act 1914 and section 21 of, and Schedule 2 to, the Crimes Regulations 2019.
critical infrastructure asset has the same meaning as in the Security of Critical Infrastructure Act 2018.
entity has the same meaning as in the National Health Security Act 2007.
full name: to avoid doubt, the full name of an individual includes any middle names.
health security relevant offence has the meaning given by clause 1.3 of the SSBA Standards.
high risk criminal intelligence assessment, of an individual, means an adverse criminal intelligence assessment that indicates the person issuing the assessment reasonably believes:
 (a) if the individual is an applicant for, or a holder of, an ASIC—that preventing