Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsIn this Division:
"AFP" means the Australian Federal Police established under the Australian Federal Police Act 1979 .
"ASIO" means the Australian Security Intelligence Organisation established under the Australian Security Intelligence Organisation Act 1979 .
"AusCheck scheme" means the scheme prescribed for the purposes of section 8 of the AusCheck Act 2007 .
"background check" , for an individual, means an assessment, under the AusCheck scheme, of information about any of the matters mentioned in section 5 of the AusCheck Act 2007 .
"Commonwealth authority" means:
(a) a Commonwealth department; or
(b) a body established for a public purpose by or under a law of the Commonwealth.
conviction (of a person for an offence) has the meaning given by subsection 85ZM (1) of the Crimes Act 1914 , but does not include:
(a) a spent conviction (within the meaning given by subsection 85ZM (2) of that Act) if Division 3 of Part VIIC of that Act applies to the person; or
(b) a conviction for an offence of which, under a law relating to pardons or quashed convictions, the person is taken never to have been convicted.
Note 1 Under the definition of conviction in subsection 85ZM (1) of the Crimes Act 1914 , a person is also taken to have been convicted of an offence if the person has been convicted of the offence but no conviction has been recorded, and if a court has taken the offence into account in sentencing the person for another offence (see paragraphs 85ZM (1) (b) and (c)).
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).
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 (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); or
(b) are spent (see section 85ZV).
Note 5 Convictions for disqualifying offences do not become spent for the purposes of an authority assessing whether to issue the convicted person with an MSIC -- see the Crimes Act 1914 , paragraph 85ZZH (k), and the Crimes Regulations 1990 , regulation 8 and Schedule 4.
"DIMIA" means the Department administered by the Minister who administers the Migration Act 1958 .
"disqualifying offence" means an offence mentioned in item 1, 2 or 3 of Table 6.07C.
"exempt person" , in relation to a maritime security zone, or a part of a maritime security zone, means a person who under the Act or these Regulations, is not required to properly display a valid MSIC in the zone or that part of the zone.
"holder" , of an MSIC or a temporary MSIC, means the person to whom it is issued.
"issuing body" means a person or body authorised to issue MSICs.
"MSIC" means a maritime security identification card issued under regulation 6.08C.
"MSIC applicant" means a person who has applied for the issue of an MSIC in accordance with regulation 6.08B.
"Secretary AGD" means the Secretary who is responsible for administering the AusCheck scheme.
"security assessment" has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 197 9 .
"sentence" includes a suspended sentence.
"temporary MSIC" means an identity document issued under regulation 6.08K.