Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An issuing body may apply to the Secretary AGD for a background check on:
(a) an applicant for an ASIC; or
(b) the holder of an ASIC if the issuing body considers on reasonable grounds that either or both of the following subparagraphs apply in relation to the last application (the previous application ) for a background check on the holder made under paragraph (a) or (c):
(i) any of the requirements of the AusCheck Regulations 2017 for the previous application were not satisfied;
(ii) the Secretary AGD did not have all of the required information (within the meaning of the AusCheck Regulations 2017 ) for the individual when AusCheck undertook a background check in response to the previous application; or
(c) the holder of an ASIC who has notified the issuing body under regulation 6.41.
(3) The Secretary may apply to the Secretary AGD for a background check on a person who is an applicant for an ASIC, or the holder of an ASIC, if the Secretary considers on reasonable grounds that:
(a) the person has been convicted of an aviation - security - relevant offence; or
(b) the person constitutes a threat to aviation security; or
(c) there is a risk that the person would use aviation in connection with serious crime.
(4) In considering the matter mentioned in paragraph (3)(a), (b) or (c), the Secretary must take into account:
(a) any information given to the Secretary by the person or the issuing body of the ASIC; and
(b) any information given to the Secretary by the Secretary AGD or a law enforcement agency (however described) about the person; and
(c) anything else relevant that the Secretary knows about.