Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) 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:
(a) that is obtained under the AusCheck scheme; or
(b) that relates to the administration of the AusCheck scheme.
"AusCheck staff member" means:
(a) an APS employee who performs functions relating to, or for the purposes of, the AusCheck scheme; or
(b) a person engaged as a consultant or contractor to perform functions relating to, or for the purposes of, the AusCheck scheme.
Note: 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 .
"charged" : an individual is charged with a serious offence if an information is laid against the individual for the offence, whether or not:
(a) a summons to require the attendance of the individual to answer the information has been issued; or
(b) 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 .
"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:
(a) an issuing body within the meaning of the Aviation Transport Security Regulations 2005 ; or
(b) an issuing body within the meaning of the Maritime Transport and Offshore Facilities Security Regulations 2003 .
"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 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:
(a) who is not an Australian citizen; and
(b) whose normal place of residence is situated in Australia; and
(c) whose presence in Australia is not subject to any limitation as to time imposed by law; and
(d) 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).
"Secretary" means the Secretary of the Department.
"serious offence" :
(a) 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
(b) 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.
"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
(2) To avoid doubt:
"personal information" , in relation to an individual, includes the following:
(a) the number of an ASIC or MSIC issued to the individual;
(b) any other identifier assigned to the individual;
(c) a photograph of the individual.
When a charge is resolved
(3) 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:
(a) the charge is withdrawn;
(b) the charge is dismissed by a court;
(c) the individual is discharged by a court following a committal hearing;
(d) the individual is acquitted of the offence by a court;
(e) the individual is found guilty of the offence and a court:
(i) sentences the person for the offence; or
(ii) 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.