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TRANSPORT SECURITY LEGISLATION AMENDMENT (SERIOUS CRIME) REGULATIONS 2022 (F2022L00517) - SCHEDULE 2

Criminal intelligence assessments

   

AusCheck Regulations 2017

Section 4

Insert:

"adverse criminal intelligence assessment " has the same meaning as in section 36A of the Australian Crime Commission Act 2002 .

2  After subsection 13(4)

Insert:

Advice relating to adverse criminal intelligence assessment

          (4A)  The Secretary must advise the issuing body whether or not an adverse criminal intelligence assessment of the individual has been given to the Secretary.

3  At the end of section 14

Add:

Advice relating to adverse criminal intelligence assessment

             (6)  The Secretary must advise the issuing body for the ASIC or MSIC whether or not an adverse criminal intelligence assessment of the individual has been given to the Secretary.

4  After subparagraph 23(b)(ii)

Insert:

                           (iia)  an adverse criminal intelligence assessment of the individual has not been given to the Secretary; or

5  At the end of Division 6 of Part 5

Add:

41   Application provision--amendments made by Schedule 2

                   The amendments of sections 13 and 14 made by Schedule 2 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 apply in relation to any background check for which an application is made after the commencement of that Schedule.

Aviation Transport Security Regulations 2005

6  Regulation 1.03

Insert:

"adverse criminal intelligence assessment " --see subregulation 6.01(1).

7  Subregulation 6.01(1)

Insert:

"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 .

8  Subregulation 6.27AA(3)

Omit all the words after "reasonable grounds", substitute:

                   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.

9  Subregulation 6.27AA(4)

Omit "paragraph (3)(a) or (b)", substitute "paragraph (3)(a), (b) or (c)".

10  After paragraph 6.28(1)(e)

Insert:

                    (ea)  the issuing body has been notified in writing by the Secretary that an adverse criminal intelligence assessment of the person has not been given to the Secretary; and

11  Paragraph 6.28(3)(a)

After "(e)", insert ", (ea)".

12  Subregulation 6.28(4)

After "(e)", insert ", (ea)".

13  Paragraph 6.38(6)(c)

After "(ba),", insert "(bb),".

14  After paragraph 6.43(2)(ba)

Insert:

                   (bb)  the Secretary has notified the issuing body in writing that an adverse criminal intelligence assessment of the holder has been given to the Secretary; or

15  Paragraph 6.43F(1)(c)

After "(b),", insert "(bb),".

16  At the end of Division 22 of Part 10

Add:

10.53   Application of amendments made by Schedule 2

             (1)  The amendments of regulation 6.27AA made by Schedule 2 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 apply in relation to any application for a background check made after the commencement of that Schedule.

             (2)  The amendments of regulation 6.28 made by Schedule 2 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 apply in relation to any issue of an ASIC if the application for the background check on the applicant for the issue of the ASIC is made after the commencement of that Schedule.

             (3)  The amendment of regulation 6.43 made by Schedule 2 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 applies in relation to any ASIC issued before or after the commencement of that Schedule.

             (4)  The amendment of regulation 6.43F made by Schedule 2 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 applies in relation to any ASIC cancelled after the commencement of this Schedule, whether the ASIC, VIC or TAC was issued before or after that commencement.

Maritime Transport and Offshore Facilities Security Regulations 2003

17  Subregulation 1.03(1)

Insert:

"adverse criminal intelligence assessment " --see subregulation 6.07B(1).

18  Subregulation 6.07B(1)

Insert:

"adverse criminal intelligence assessment " has the same meaning as in section 36A of the Australian Crime Commission Act 2002 .

19  After paragraph 6.08C(1)(d)

Insert:

                   (da)  the issuing body has been notified in writing by the Secretary that an adverse criminal intelligence assessment of the person has not been given to the Secretary; and

20  Paragraph 6.08C(4)(a)

Omit "and (d)", substitute ", (d) and (da)".

21  Subregulation 6.08D(1)

Repeal the subregulation, substitute:

             (1)  This regulation applies if:

                     (a)  the background check of an applicant for an MSIC reveals that:

                              (i)  the person has been convicted of a tier 1 offence; or

                             (ii)  the security assessment of the person is adverse and is not a qualified security assessment; or

                     (b)  as a result of a background check, an adverse criminal intelligence assessment of an applicant for an MSIC is given to the Secretary.

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 .

22  Subregulation 6.08LC(1)

Omit all the words after "reasonable grounds", substitute:

                   that:

                     (a)  the person has been convicted of a maritime-security-relevant offence; or

                     (b)  the person constitutes a threat to maritime transport or offshore facility security; or

                     (c)  there is a risk that the person would use maritime transport or an offshore facility in connection with serious crime.

23  Subregulation 6.08LC(2)

Omit "paragraph (1)(a) or (b)", substitute "paragraph (1)(a), (b) or (c)".

24  After paragraph 6.08M(1)(ca)

Insert:

                   (cb)  the Secretary has notified the issuing body in writing that an adverse criminal intelligence assessment of the holder has been given to the Secretary; or

25  Paragraphs 6.08M(2A)(a) and (2B)(a)

After "(ca),", insert "(cb),".

26  At the end of Part 13 of Schedule 2

Add:

121   Application of amendments made by Schedule 2

             (1)  The amendments of regulation 6.08C made by Schedule 2 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 apply in relation to any issue of an MSIC if the application for the background check on the MSIC applicant is made after the commencement of that Schedule.

             (2)  The amendments of regulation 6.08LC made by Schedule 2 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 apply in relation to any application for a background check made after the commencement of that Schedule.

             (3)  The amendments of regulation 6.08M made by Schedule 2 to the Transport Security Legislation Amendment (Serious Crime) Regulations 2022 apply in relation to any MSIC issued before or after the commencement of that Schedule.



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