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AUSCHECK REGULATIONS 2017 - SCHEDULE 1

MNE-security-relevant offences

Note:   See the definition of MNE - security - relevant offence in section   4.

 

 

1   MNE level 1 disqualifying offences

    Each item of the following table sets out a kind of MNE level 1 disqualifying offence.

 

Item

Kind of offence

1.1

An offence involving, or relating to, a weapon of mass destruction

1.2

An offence involving, or relating to, terrorism

1.3

An offence involving, or relating to, any of the following:

(a) treason;

(b) sedition;

(c) espionage;

(d) disclosure of national secrets

1.4

An offence involving or relating to:

(a) engagement in hostile activities in a foreign country; or

(b) involvement with foreign armed forces

1.5

An offence involving, or relating to, the hijacking or destruction of:

(a) an aircraft; or

(b) a vessel; or

(c) an offshore facility

1.6

An offence involving, or relating to, the endangerment of an aircraft, airport, vessel, port or offshore facility that is:

(a) used in commerce; or

(b) owned by the Commonwealth or a State or Territory

1.7

An offence involving, or relating to, an act of piracy at sea

1.8

An offence involving or relating to:

(a) slavery; or

(b) smuggling or trafficking of people

1.9

An offence involving, or relating to, a crime against humanity

2   MNE level 2 offences

    Each item of the following table sets out a kind of MNE level 2 offence.

 

Item

Kind of offence

2.1

An offence involving, or relating to, any of the following:

(a) murder;

(b) manslaughter

(c) threat to kill

2.2

An offence involving, or relating to, assault, including any of the following:

(a) indecent assault;

(b) sexual assault;

(c) sexual abuse

2.3

An offence involving, or relating to, any of the following:

(a) firearms;

(b) ammunition;

(c) weapons, including use of an item as a weapon;

(d) explosives or explosive devices;

(e) microbial or other biological agents or toxins

2.4

An offence involving or relating to:

(a) destruction of, or damage to, property;

(b) arson

2.5

An offence involving, or relating to, affray, riot or public violence

2.6

An offence involving, or relating to, any of the following:

(a) false imprisonment;

(b) deprivation of liberty;

(c) kidnapping;

(d) taking a hostage

2.7

An offence involving, or relating to, participation in, or association with, serious and organised crime or gangs

2.8

An offence involving, or relating to, exploitation of a child

2.9

An offence involving, or relating to, robbery

3   MNE level 3 offences

    Each item of the following table sets out a kind of MNE level 3 offence.

 

Item

Kind of offence

3.1

An offence involving, or relating to, fraud, forgery, false identity or false identity documents

3.2

An offence involving, or relating to, any of the following:

(a) perjury;

(b) perverting the course of justice;

(c) intimidation

3.3

An offence involving, or relating to, the production, possession, supply, importation or export of any of the following:

(a) an illegal drug;

(b) a controlled substance (within the meaning of subsection   3(1) of the Crimes Act 1914 )

3.4

An offence involving, or relating to, racial hatred or racial vilification

3.5

An offence involving, or relating to, any of the following:

(a) money laundering;

(b) currency violations;

(c) dealing with proceeds of crime

3.6

An offence involving, or relating to, bribery, corruption, extortion, racketeering or blackmail

3.7

An offence involving, or relating to, obstructing, hindering, resisting or impersonating:

(a) a government official; or

(b) a law - enforcement officer

3.8

An offence involving, or relating to, use, access, modification or destruction of:

(a) data; or

(b) electronic communications

3.9

An offence involving, or relating to, theft or burglary

3.10

An offence involving, or relating to, the intentional endangerment of persons (not including an offence that is an MNE level 1 disqualifying offence or an MNE level 2 offence)

3.11

An offence involving or relating to:

(a) illegal importation or export of goods, fauna or flora; or

(b) interference with goods under customs control

4   References to offences

    A reference to an offence in an item in a table in this Schedule is a reference to an offence against a law of the Commonwealth, a State or a Territory.



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