Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations"adverse criminal intelligence assessment" has the same meaning as in section 36A of the Australian Crime Commission Act 2002 .
Note: For a person's notification and review rights in relation to an adverse criminal intelligence assessment, see section 36D and Subdivision C of Division 2A of Part II of the Australian Crime Commission Act 2002 .
"adverse criminal record" , in relation to a person, has the meaning given in subregulation (2).
"AFP" means the Australian Federal Police established under the Australian Federal Police Act 1979 .
"agent" means an agent, of an airport operator or a Secretary - approved VIC issuer, authorised to issue VICs on behalf of the airport operator or Secretary - approved VIC issuer under regulation 6.37G.
"ASIC program" , for an issuing body, means a program of the kind described in regulation 6.06, and includes a program of that kind as varied under regulation 6.09 or 6.10.
"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 .
"aviation-security-relevant offence" means an offence, of a kind mentioned in an item in a table in Schedule 1, against a law of:
(a) the Commonwealth, a State or Territory; or
(b) a foreign country or part of a foreign country.
"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 .
"Category A identification document" means:
(a) for a person who was born in Australia--either of the following:
(i) the person's Australian birth certificate;
(ii) notice given to the person under section 37 of the Australian Citizenship Act 2007 ; or
(b) for any other person--a valid document that provides evidence of the start of the person's identity in Australia.
Example 1: An Australian naturalisation certificate.
Example 2: A visa entitling the person to enter Australia.
Example 3: A movement record made available to the person by the Immigration Department.
"Category B identification document" , for a person, means a current and valid document issued to the person by a Commonwealth, State or Territory Department or agency, or by a government of a foreign country or an agency of a government of a foreign country, that provides photographic proof of the person's identity and includes the person's signature.
Example 1: A driver's licence issued by the Commonwealth, a State or a Territory, or by a foreign government.
Example 2: An Australian or foreign passport.
"Category C identification document" , for a person, means a current and valid document that provides evidence of the person's use of identity while operating in the community (which may be a community outside Australia).
Example: A Medicare card, or a membership card issued by a private health insurer.
"Category D identification document" , for a person, means a valid document that provides evidence of the person's current residential address (which may be a residential address outside Australia) and is less than 6 months old.
"Comptroller-General of Customs" means the person who is the Comptroller - General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .
"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 offences under the Crimes (Aviation) Act 1991 or Part 5.3 of the Criminal Code do not become spent for the purposes of assessing whether to issue the convicted person with an ASIC (see paragraph 85ZZH(k) of the Crimes Act 1914 and Schedule 2 to the Crimes Regulations 2019 ).
"directly involved in the issue of ASICs" : a person is directly involved in the issue of ASICs if the person performs any of the following activities:
(a) accepting applications for ASICs;
(b) applying for background checks under this Part;
(ba) receiving documents given to an issuing body in person in accordance with this Part;
(c) verifying identification documents for the purposes of this Part;
(d) printing or producing ASICs;
(e) issuing ASICs, including considering whether criteria for the issue of ASICs are satisfied and whether ASICs are to be issued with conditions;
(f) storing equipment associated with the production of ASICs;
(g) destroying ASICs that are no longer required, including expired or cancelled ASICs.
"Hague Convention" means the Convention abolishing the Requirement of Legalisation for Foreign Public Documents , done at the Hague on 5 October 1961.
"holder" , of an ASIC, VIC or TAC, means the person to whom it is issued.
"identification document" means any of the following:
(a) a Category A identification document;
(b) a Category B identification document;
(c) a Category C identification document;
(d) a Category D identification document;
(e) any other document used to identify a person for the purposes of this Part.
"imprisonment" includes periodic detention, home - based detention and detention until the rising of a court, but does not include an obligation to perform community service.
"issuing body" means a person or agency:
(a) that is authorised to issue ASICs; or
(b) that is a transitional issuing body.
"officer of the Commonwealth" includes the following:
(i) holds an office established by or under an Act; or
(ii) was appointed under an Act; or
(iii) was appointed by the Governor - General or a Minister but not under an Act;
(c) a person who is a member or officer of an authority of the Commonwealth;
(i) in the service or employment of the Commonwealth, or of an authority of the Commonwealth; or
(ii) employed or engaged under an Act.
(a) a requirement for frequent access to all or part of a secure area of an airport where persons are required to display an ASIC, for either of the following purposes:
(i) the operation of the airport or an aircraft;
(ii) the purpose of a person's occupation or business; or
(b) a requirement under the Act, these Regulations or another instrument made under the Act to properly display a valid ASIC at all times; or
(c) a requirement to be directly involved in the issue of ASICs for an issuing body; or
(d) a requirement to be directly involved in the issue of VICs for a VIC issuer; or
(e) a requirement to perform activities for a known consignor, or for a person who has applied under these Regulations to be approved as a known consignor; or
(f) a requirement to perform activities for a RACA, or for a person who has applied under these Regulations to be designated as a RACA; or
(g) a requirement to perform activities for an AACA, or for a person who has applied under these Regulations to be accredited as an AACA; or
(h) a requirement for an employee of a Commonwealth agency to be directly involved in making decisions relating to the issuing of ASICs; or
(i) a requirement for a foreign official to have access to a secure area of an airport in order to perform activities related to the foreign official's official duties.
Example for subparagraph (a)(ii): A courier or supplier.
"Secretary AGD" means the Secretary who is responsible for administering the AusCheck scheme.
"Secretary-approved VIC issuer" means an aircraft operator that the Secretary has approved to issue VICs under regulation 6.37F.
"security assessment" has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979 .
"sentence" includes a suspended sentence.
"tier 1 offence" means an aviation - security - relevant offence mentioned in the table in clause 1 of Schedule 1.
"tier 2 offence" means an aviation - security - relevant offence mentioned in the table in clause 2 of Schedule 1.
"tier 3 offence" means an aviation - security - relevant offence mentioned in the table in clause 3 of Schedule 1.
"transitional issuing body" means a body declared by the Secretary under subregulation 6.22A(1) to be a transitional issuing body.
"VIC issuer" means each of the following:
(a) an airport operator (or its agent);
(b) a Secretary - approved VIC issuer (or its agent);
(c) the Comptroller - General of Customs;
(d) the Director - General of Security.
(2) A person has an adverse criminal record if the person:
(a) has been convicted of a tier 1 offence or a tier 2 offence; or
(b) has been convicted of, and sentenced to imprisonment for, a
tier 3 offence.