AusCheck Act 2007

The AusCheck scheme may, for the purposes of paragraph 8(1)(f), make provision for and in relation to any of the following:

the making of an application for a firearms background check by a firearms licensing authority, a law enforcement agency or a national security agency;

the information that is to be contained in an application for a firearms background check (including in relation to consent for the check);

the manner for conducting a firearms background check;

the criteria against which an application for a firearms background check is to be assessed;

the form of advice to be given to the applicant for a firearms background check;

the form of advice to be given to other persons about the status or outcome of a firearms background check (including any conditions relating to the advice being provided to other persons);

any other matter relating to a firearms background check.

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

all firearms background checks to be conducted for the purposes of paragraph 8(1)(f); or

a specified class or specified classes of such background checks.

For the purposes of paragraph (1)(b), without limiting that paragraph, an individual is taken to have given consent to another person making an application for a firearms background check of the individual if:

the individual has applied for a firearms licence (whether immediately before the firearms background check or at any previous time); and

before making the application for the firearms licence, the individual was advised by the person to whom that application was made, in accordance with the requirements (if any) specified in the regulations, that a firearms background check:

was a precondition to the issuing of the licence; and

may be conducted at any time that the licence is in force.