Definitions
4 Definitions
In this Act:
ASIC (short for aviation security identification card) has the same meaning as in the Aviation Transport Security Regulations 2005.
AusCheck database means the database referred to in section 14.
AusCheck scheme means the scheme prescribed for the purposes of section 8.
AusCheck scheme personal information means personal information:
that is obtained under the AusCheck scheme; or
that relates to the administration of the AusCheck scheme; or
that is obtained before the commencement of Schedule 1 to the AusCheck Amendment (Global Entry Program) Act 2025 by an agency (within the meaning of the Privacy Act 1988) for the purposes of conducting (whether before or after that commencement) a background check in connection with an individual’s participation in the Global Entry program.
AusCheck staff member means:
an APS employee who performs functions relating to, or for the purposes of, the AusCheck scheme; or
a person engaged as a consultant or contractor to perform functions relating to, or for the purposes of, the AusCheck scheme.
For the definition of APS employee, see section 2B of the Acts Interpretation Act 1901.
aviation‑security‑relevant offence has the same meaning as in the Aviation Transport Security Regulations 2005.
CEO of ACIC means the Chief Executive Officer of the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002.
charged: an individual is charged with a serious offence if an information is laid against the individual for the offence, whether or not:
a summons to require the attendance of the individual to answer the information has been issued; or
a warrant for the arrest of the individual has been issued.
Commonwealth authority means a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth.
critical infrastructure risk management program has the same meaning as in the Security of Critical Infrastructure Act 2018.
Defence Force magistrate has the same meaning as in the Defence Force Discipline Act 1982.
firearms background check means a background check conducted under regulations made for the purposes of paragraph 8(1)(f).
firearms licensing authority has the meaning given by regulations made for the purposes of this definition.
Global Entry program means the trusted traveller program of the Government of the United States of America, known as the Global Entry program, that enables expedited immigration and customs clearance for individuals entering the United States of America and that is open to Australian citizens.
identity verification information, in relation to an individual, means personal information consisting of the individual’s fingerprints or other biometric data about the individual, but does not include a photograph of the individual.
issuing body means:
an issuing body within the meaning of the Aviation Transport Security Regulations 2005; or
an issuing body within the meaning of the Maritime Transport and Offshore Facilities Security Regulations 2003.
law enforcement agency means an authority of the Commonwealth, or an authority of a State or Territory, that has functions relating to law enforcement.
major national event has the meaning given by section 5A.
maritime‑security‑relevant offence has the same meaning as in the Maritime Transport and Offshore Facilities Security Regulations 2003.
MSIC (short for maritime security identification card) has the same meaning as in the Maritime Transport and Offshore Facilities Security Regulations 2003.
national security agency means:
the Australian Security Intelligence Organisation; or
the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002; or
any other agency of the Commonwealth prescribed by the regulations.
national security background check, in relation to an individual, means a background check conducted in relation to the individual under an Act or legislative instrument referred to in subparagraph 8(1)(b)(i) or (ii) for a purpose referred to in paragraph 8(2)(a), (b), (c), or (d).
permanent resident means a person:
who is not an Australian citizen; and
whose normal place of residence is situated in Australia; and
whose presence in Australia is not subject to any limitation as to time imposed by law; and
who is not an unlawful non‑citizen.
personal information has the same meaning as in the Privacy Act 1988.
resolved: for when a charge for a serious offence is resolved in relation to an individual, see subsection (3).
Schedule 1A offence has the same meaning as in the Defence Force Discipline Act 1982.
Secretary means the Secretary of the Department.
serious offence:
in relation to an applicant for, or holder of, an ASIC—means an aviation‑security‑relevant offence of a kind specified in the regulations for the purposes of this paragraph; and
in relation to an applicant for, or holder of, an MSIC—means a maritime‑security‑relevant offence of a kind specified in the regulations for the purposes of this paragraph.
service offence has the same meaning as in the Defence Force Discipline Act 1982.
State or Territory authority means a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.
unlawful non‑citizen has the same meaning as in the Migration Act 1958.
Meaning of personal information
To avoid doubt:
personal information, in relation to an individual, includes the following:
the number of an ASIC or MSIC issued to the individual;
any other identifier assigned to the individual;
a photograph of the individual.
When a charge is resolved
For the purposes of this Act, a charge for a serious offence is resolved in relation to an individual if the charge is finally dealt with in any of the following ways:
the charge is withdrawn;
the charge is dismissed by a court;
the individual is discharged by a court following a committal hearing;
the individual is acquitted of the offence by a court;
the individual is found guilty of the offence and a court:
sentences the person for the offence; or
makes an order relating to the offence under section 19B of the Crimes Act 1914, or a corresponding provision of a law of a State or Territory.
This provision refers to the regulations (prescribed by the regulations
, specified in the regulations
). Made under this Act:
- AusCheck (Major National Event—2024 Association of Southeast Asian Nations–Australia Special Commemorative Summit) Declaration 2023 · Legislative Instrument · under s 5A(1)
- AusCheck (Major National Event—Asian Football Confederation Women’s Asian Cup 2026) Declaration 2025 · Legislative Instrument · under s 5A(1)
- AusCheck (Major National Event—FIFA Women’s World Cup Australia & New Zealand 2023) Declaration 2021 · Legislative Instrument · under s 5A(1)
3 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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