1

Commonwealth authorities

(1)    Assessing the suitability of a person to be employed, or otherwise engaged, in work that is likely to involve access to national security information classified as secret or top secret

All offences

(2)    Providing assistance to a person referred to in paragraph 85ZZH (d) of the Act in relation to the making of a decision referred to in that paragraph

All offences

2

The Defence Force

Assessing the suitability of a person for appointment to a position involving the care, instruction or supervision of minors

Designated offences

3

The Director of Military Prosecutions referred to in section 188G of the Defence Force Discipline Act 1982 or a prosecutor referred to in rule 37 of the Summary Authority Rules.

Considering whether to prosecute and making submissions and decisions as to sentence

All offences

4

Australian Customs Service

(1)    Assessing the suitability of a person to have responsibility for matters relating to law enforcement

All offences

(2)    Considering whether to prosecute and making submissions as to sentence

All offences

5

Governments of Queensland, South Australia, Tasmania, the Northern Territory and the Australian Capital Territory

Assessing the suitability of a person for appointment as a justice of the peace

All offences

6

Prison administrations in New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania and the Northern Territory

Assessing the suitability of a person to have responsibility for the care or control of prisoners

Offences involving violence

7

A person who, or body which, employs or otherwise engages persons to provide care for the disabled in residential settings in Victoria

Assessing the suitability of a person to have responsibility for the care of the disabled in a residential setting

Offences involving violence

8

Commonwealth Government and Governments of Queensland, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory

Assessing the suitability of a person to be licensed as director, or appointed as the chief executive, of a casino

All offences

9

Government of Tasmania

Assessing the suitability of a person for appointment to the Poppy Advisory and Control Board

Drug offences

10

Poppy Advisory and Control Board, Tasmania

(1)    Assessing the suitability of a person to be the holder of a licence to grow opium poppies

Drug offences

(2)    Assessing the suitability of a person to be employed, or otherwise engaged, by the Poppy Advisory and Control Board, Tasmania in connection with:

Drug offences

(a)    the processing of applications for licences to grow opium poppies; or

(b)    the monitoring of the growing of opium poppies

11

Persons or bodies lawfully engaged in the growing of opium poppies or the production of opiate alkaloids

Assessing the suitability of a person to be employed, or otherwise engaged, in connection with the growing of opium poppies or the production of opiate alkaloids

Drug offences

12

Public libraries, university libraries, public archives offices and the Australian War Memorial

Making available material for research, reference or study

All offences

13

Respite Care ACT Incorporated, the Australian Capital Territory

Assessing the suitability of a person to have responsibility for the care of a disabled or aged person in the disabled or aged person's home

Offences against the person

14

An issuing body (within the meaning of regulation 6.01 of the Aviation Transport Security Regulations 2005 )

Assessing whether to issue an aviation security identification card (within the meaning of regulation 1.03 of the Aviation Transport Security Regulations 2005 ) to a person in accordance with Part 6 of those Regulations

Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15)

Offences against Part 5.3 of the Criminal Code

15

A person who, or body which, employs or otherwise engages another person to provide services or undertake work at a place where care, instruction or supervision services for minors are provided

Assessing the suitability of a person to be employed, or otherwise engaged for financial reward, in work that is likely to involve direct contact with minors

Designated offences

16

Australian Securities and Investments Commission

(1)    Considering whether to prosecute and making submissions as to sentence

All offences

(2)    Assessing the suitability of a person:

All offences

(a)    to be a member of the Australian Securities and Investments Commission: or

(b)    to be employed by the Australian Securities and Investments Commission; or

(c)    to be engaged as a consultant to the Australian Securities and Investments Commission; or

(d)    to be engaged to perform services for the Australian Securities and Investments Commission

17

A person who, or body which, employs or otherwise engages persons to provide advocacy or care for intellectually disabled persons

Assessing the suitability of a person:

(a)    to act as an advocate for an intellectually disabled person; or

(b)    to have responsibility for the care of an intellectually disabled person

Offences against the person

18

Australian Capital Territory Corrective Services

Assessing the suitability of a person to have responsibility for the care or control of prisoners

Example for item 18

'Prisoner' includes a detainee under:

*         Custodial Escorts Act 1998 (ACT)

*         Periodic Detention Act 1995 (ACT)

*         Remand Centres Act 1976 (ACT)

Offences involving violence

19

A person who, or body which, employs or otherwise engages persons to care for or control a detainee under the Migration Act 1958

Assessing the suitability of a person to have responsibility for the care or control of a detainee under the Migration Act 1958

Offences involving violence

20

An issuing body (within the meaning given by regulation 6.07B of the Maritime Transport and Offshore Facilities Security Regulations 2003 )

Assessing whether to issue a MSIC (maritime security identification card) to a person in accordance with Subdivision 6.1A.4 of the Maritime Transport and Offshore Facilities Security Regulations 2003

(1)   Offences against Part 4 of the Australian Passports Act 2005

(2)   Offences against section 24AA, 24AB, 24C, 24D, 25, 27 or 29 of the Crimes Act 1914

(3)   Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15)

(4)   Offences against Division 73 of Chapter 4, Chapter 5, Division 145 of Part 7.7 or Division 400 of Part 10.2 of the Criminal Code

(5)   Offences against section 233, 233A, 233AC, 233B, 233BAA or 233BAB of the Customs Act 1901

(6)   Offences against Division 10 of Part IV of the Navigation Act 1912

(7)   Offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995

21

The Secretary of the Attorney‑General's Department and AusCheck staff members (within the meaning of subsection 4 (1) of the AusCheck Act 2007 )

For the purposes of the AusCheck scheme (within the meaning of subsection 4 (1) of the AusCheck Act 2007 )

(1)   For an applicant for, or holder of, an aviation security identification card (within the meaning of subsection 4 (1) of the AusCheck Act 2007) :

(a)  offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15); and

(b)  offences against Part 5.3 of the Criminal Code

(2)   For an applicant for, or holder of, a maritime security identification card (within the meaning of subsection 4 (1) of the AusCheck Act 2007 ):

(a)  offences against Part 4 of the Australian Passports Act 2005 ; and

(b)  offences against section 24AA, 24AB, 24C, 24D, 25, 27 or  29 of the Crimes Act 1914 ; and

(c)  offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15); and

(d)  offences against Division 73, Chapter 5, Division 145 or Division 400 of the Criminal Cod e; and

(e)  offences against section 233, 233A, 233AC, 233B, 233BAA or 233BAB of the Customs Act 1901 ; and

(f)  offences against Division 10 of Part IV of the Navigation Act 191 2; and

(g)  offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995