Commonwealth Consolidated Acts

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AUSCHECK ACT 2007 - SECT 5

Definition of background check

    A background check , in relation to an individual, is an assessment of information relating to one or more of the following:

  (a)   the individual's criminal history;

  (aa)   if required or permitted under a regulation made under subsection   8(3):

  (i)   whether the individual has been charged with a serious offence; or

  (ii)   whether a charge for a serious offence has been resolved in relation to the individual;

  (b)   matters relevant to a security assessment (as defined in subsection   35(1) of the Australian Security Intelligence Organisation Act 1979 ) of the individual;

  (ba)   if the background check is conducted for the purposes of paragraph   8(1)(a)--matters relevant to a criminal intelligence assessment (as defined in section   36A of the Australian Crime Commission Act 2002 ) of the individual;

  (c)   the individual's citizenship status, residency status or the individual's entitlement to work in Australia, including but not limited to, whether the person is an Australian citizen, a permanent resident or an unlawful non - citizen;

  (d)   the identity of the individual.



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