Document ID: chunk:federal_register_of_legislation:F2024C00968:reg:12
Version: federal_register_of_legislation:F2024C00968
Segment Type: reg
Provision Reference: reg 12
Character Range: 49970–51879

12  Preliminary assessment by Secretary that an individual has an unfavourable criminal history
 (1) This section applies if:
 (a) AusCheck is undertaking a background check of an individual; and
 (b) the Secretary makes a preliminary assessment that the individual has an unfavourable criminal history.
 (2) The Secretary must give the individual a written notice that:
 (a) set outs the preliminary assessment and the reasons for the preliminary assessment; and
 (b) informs the individual that the individual may, on or before a day (the specified day) specified in the notice, make representations to the Secretary about the preliminary assessment.
 (3) The specified day must be at least:
 (a) if the application for the background check of the individual was made under a provision referred to in paragraph 8(1)(a) or subsection 11(1), or under section 21G—28 days after the notice is given; or
 (b) otherwise—14 days after the notice is given.
 (4) The individual may, before the specified day, request the Secretary to specify a later day for the making of representations about the preliminary assessment.
 (5) If the individual makes a request under subsection (4), the Secretary may, by written notice given to the individual, specify a later day for the making of representations about the preliminary assessment.
 (6) The Secretary must not give advice about the background check of the individual under Division 5 of this Part before:
 (a) if the individual makes representations about the preliminary assessment on or before the specified day (or any later day specified under subsection (5))—those representations are considered by the Secretary; or
 (b) otherwise—the end of the specified day (or any later day specified under subsection (5)).

Division 5—Advice about background check of individuals

Subdivision A—Advice about background checks for aviation and maritime security purposes