Commonwealth Numbered Acts

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AUSCHECK ACT 2007 (NO. 53, 2007) - SECT 9

Matters covered by AusCheck scheme

             (1)  The AusCheck scheme may make provision for and in relation to the following:

                     (a)  the making of applications for a background check by the individual to whom the background check relates;

                     (b)  the making of applications for a background check by a person other than the individual to whom the background check relates, with the consent of the individual to whom the background check relates;

                     (c)  the information that is to be contained in an application for a background check;

                     (d)  the criteria against which an application for a background check is to be assessed;

                     (e)  the decision or decisions that may be made as a result of an application for a background check;

                      (f)  the form of advice to be given to the applicant for a background check;

                     (g)  the form of advice to be given to an individual in respect of whom a background check is conducted;

                     (h)  the form of advice to be given to other persons about the outcome of a background check;

                      (i)  matters relating to the establishment and provision of an online verification service that will enable verification:

                              (i)  that an aviation security identification card or a maritime security identification card has been issued to a particular individual and is in effect at a particular time; or

                             (ii)  that an individual who is in possession of an aviation security identification card or a maritime security identification card is the person to whom the card was issued.

             (2)  The matters referred to in subsection (1) may relate to:

                     (a)  all background checks to be conducted under the AusCheck scheme; or

                     (b)  a specified class of background checks.

             (3)  Without limiting the way in which a class of background checks may be described for the purposes of subsection (2), a class may be described by reference to a specified legislative or non‑legislative scheme, a specified law of the Commonwealth, specified provisions of a law of the Commonwealth or specified purposes.



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