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AusCheck Regulations 2007

Authoritative Version
SLI 2007 No. 137 Regulations as amended, taking into account amendments up to Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016
Administered by: Attorney-General's
Registered 07 Nov 2016
Start Date 01 Nov 2016
Date of repeal 01 Aug 2017
Repealed by AusCheck and Other Laws (Repeal and Consequential Amendments) Regulations 2017
Table of contents.

AusCheck Regulations 2007

Select Legislative Instrument No. 137, 2007

made under the

AusCheck Act 2007

Compilation No. 5

Compilation date:                              1 November 2016

Includes amendments up to:            F2016L01660

Registered:                                         7 November 2016

 

About this compilation

This compilation

This is a compilation of the AusCheck Regulations 2007 that shows the text of the law as amended and in force on 1 November 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name of Regulations........................................................................... 1

3............ Definitions.......................................................................................... 1

4............ Establishment of AusCheck scheme................................................... 3

5............ When background checks undertaken................................................. 3

5A......... How application to be made................................................................ 4

5B......... Validity of national health security check not extended....................... 4

6............ Information to be included in application............................................ 4

7............ Collection, use and disclosure of criminal history information............ 5

8............ Preliminary assessments that include unfavourable criminal history advice about individuals 6

9............ Advice about outcome of background check....................................... 7

9A......... Transfer of responsibility for ASICs and MSICs and applications for ASICs and MSICs     8

10.......... Advice to Transport Secretary of outcome—criminal record.............. 8

10AA.... Advice to Transport Secretary of outcome—security assessment....... 9

10A....... Internal review of advice given........................................................... 9

11.......... Fees..................................................................................................... 9

12.......... Review of decisions.......................................................................... 10

13.......... Website............................................................................................. 10

14.......... Information to be given to Secretary................................................. 10

14A....... Further information to be given to Secretary in relation to certain applicants for security identification cards.................................................................................................. 11

15.......... Guidelines about use and disclosure of information included in AusCheck database               12

16.......... Application of amendments made by the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015.................................................................... 12

17.......... Application of amendments made by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016.............................................................. 12

Endnotes                                                                                                                                    13

Endnote 1—About the endnotes                                                                            13

Endnote 2—Abbreviation key                                                                                14

Endnote 3—Legislation history                                                                             15

Endnote 4—Amendment history                                                                           16

Endnote 5—Editorial changes                                                                               17

 


 

 

1  Name of Regulations

                   These Regulations are the AusCheck Regulations 2007.

3  Definitions

                   In these Regulations:

Act means the AusCheck Act 2007.

adverse criminal record means:

                     (a)  for an individual who is an applicant for, or a holder of, an aviation security identification card—an adverse criminal record within the meaning of regulation 6.01 of the Aviation Transport Security Regulations 2005; or

                     (b)  for an individual who is an applicant for, or a holder of, a maritime security identification card—an adverse criminal record within the meaning of regulation 6.08A of the Maritime Transport and Offshore Facilities Security Regulations 2003; or

                     (c)  for an individual who is an applicant for, or the subject of, a national health security check—an adverse criminal record within the meaning of Part 1 of the Security‑sensitive Biological Agent Standards (SSBA) Standards determined under section 35 of the National Health Security Act 2007.

adverse security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.

approved form means a form approved by the Secretary.

convicted of a disqualifying offence means convicted, within the meaning of regulation 6.07B of the Maritime Transport and Offshore Facilities Security Regulations 2003, of a disqualifying offence within the meaning of that regulation.

criminal history information means information about the disposition of a criminal matter by a court.

issuing body means:

                     (a)  an issuing body within the meaning of regulation 6.01 of the Aviation Transport Security Regulations 2005; or

                     (b)  an issuing body within the meaning of regulation 6.07B of the Maritime Transport and Offshore Facilities Security Regulations 2003; or

                     (c)  an entity:

                              (i)  to whom Division 5 of Part 3 of the National Health Security Act 2007 applies; and

                             (ii)  that is not an exempt entity under section 40 of that Act.

national health security check means a background check, undertaken under paragraph 35(2)(b) of the National Health Security Act 2007, of an individual to handle or access information about a security‑sensitive biological agent.

Note:          See subsection 35(2A) of the National Health Security Act 2007 for an example.

operational need:

                     (a)  in relation to an aviation security identification card—has the same meaning as in Part 6 of the Aviation Transport Security Regulations 2005; and

                     (b)  in relation to a maritime security identification card—has the same meaning as in Division 6.1A of Part 6 of the Maritime Transport and Offshore Facilities Security Regulations 2003.

qualified criminal record has the meaning given by:

                     (a)  for a national health security check—Part 1 of the Security‑sensitive Biological Agent Standards (SSBA) Standards determined under section 35 of the National Health Security Act 2007; or

                     (b)  in any other case—regulation 6.01 of the Aviation Transport Security Regulations 2005.

qualified security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.

Secretary means Secretary of the Department.

security identification card:

                     (a)  means:

                              (i)  an aviation security identification card, other than a temporary aviation security identification card; or

                             (ii)  a maritime security identification card, other than a temporary maritime security identification card; and

                     (b)  does not mean a visitor identification card.

Transport Secretary means the Secretary of the Department administering the Aviation Transport Security Act 2004 and the Maritime Transport and Offshore Facilities Security Act 2003.

unfavourable criminal history advice, for the outcome of a background check, means advice that the criminal history of the individual to whom the background check relates discloses any of the matters mentioned in paragraph 9(1)(a).

unlawful non‑citizen has the meaning given by section 14 of the Migration Act 1958.

Note:          For the definitions of the following terms, see subsection 4(1) of the Act:

·      AusCheck database

·      aviation security identification card

·      maritime security identification card.

4  Establishment of AusCheck scheme

                   For section 8 of the Act, these Regulations provide for the establishment of the AusCheck scheme.

5  When background checks undertaken

             (1)  AusCheck may undertake a background check if it receives an application for a background check made under:

                     (a)  subregulation (2), (3) or (4); or

                     (b)  any of the following provisions of the Maritime Transport and Offshore Facilities Security Regulations 2003:

                              (i)  regulation 6.08LBA;

                             (ii)  subregulation 6.08LC(1); or

                     (c)  any of the following provisions of the Aviation Transport Security Regulations 2005:

                              (i)  subregulation 6.27AA(3);

                             (ii)  regulation 6.41A.

          (1A)  AusCheck must undertake a background check if subregulation (5) applies.

             (2)  An issuing body may apply for a background check about an individual who:

                     (a)  has applied to the issuing body for:

                              (i)  a security identification card; or

                             (ii)  a national health security check; and

                     (b)  has been given a notice mentioned in paragraph 13(2)(b).

             (3)  An individual who is an applicant for, or the holder of, a security identification card is taken to have applied for a background check if the individual:

                     (a)  notifies the Secretary in writing of the matters mentioned in:

                              (i)  subregulation 6.08LB(2) of the Maritime Transport and Offshore Facilities Security Regulations 2003; or

                             (ii)  subregulation 6.41(1) of the Aviation Transport Security Regulations 2005; and

                     (b)  has given consent for the matters in:

                              (i)  subparagraphs 6.08LB(2)(e)(i), (ii) and (iii) of the Maritime Transport and Offshore Facilities Security Regulations 2003; or

                             (ii)  subparagraphs 6.41(1)(e)(i), (ii) and (iii) of the Aviation Transport Security Regulations 2005.

             (4)  If a national health security check has been done about an individual, an issuing body may apply for a further national health security check about the individual if the issuing body considers that:

                     (a)  the circumstances of the individual may have changed since the completion of the previous national health security check; and

                     (b)  the change may affect the individual’s eligibility status for an authorisation that relies on a national health security check.

             (5)  An issuing body is taken to have applied for a background check for an individual, on the second anniversary of the day an advice record is made in relation to the individual, if:

                     (a)  the individual applied for a maritime security identification card and stated in an application for the card that he or she was applying for a card that is to be in force for 4 years; and

                     (b)  the issuing body was advised under subregulation 9(1), in relation to the application mentioned in paragraph (a), that the individual:

                              (i)  did not have an adverse criminal record; and

                             (ii)  did not have an adverse or qualified security assessment; and

                            (iii)  has not been convicted of a disqualifying offence; and

                     (c)  the card has not been cancelled under paragraph 6.08M(1)(a), (b), (c), (ca), (d), (e), (ea), (eb) or (h) of the Maritime Transport and Offshore Facilities Security Regulations 2003; and

                     (d)  the individual has not withdrawn consent for the background check before the application is taken to have been made under this subregulation.

             (6)  However, for each application for a card mentioned in paragraph (5)(a), an issuing body is to be taken to have applied only once under subregulation (5) for a background check for the individual who made the application.

             (7)  In subregulation (5):

advice record, in relation to an individual, means a record of advice about the outcome of a background check given under subregulation 9(1) that is recorded in the AusCheck database.

5A  How application to be made

             (1)  An application for a background check mentioned in subparagraph 5(1)(b)(iii) or subregulation 5(2) must be made electronically using:

                     (a)  a facility made available at the website mentioned in regulation 13; or

                     (b)  another facility made available by the Secretary.

             (2)  Any other application mentioned in subregulation 5(1) must be made in writing.

5B  Validity of national health security check not extended

                   The period of validity of a national health security check is not extended by an application under subregulation 5(4).

6  Information to be included in application

             (1)  An application mentioned in subregulation 5(2) for a background check must include the following information about the individual to whom the background check relates:

                     (a)  the individual’s name, gender and date and place of birth;

                    (aa)  any other name previously used by the individual;

                     (b)  the individual’s current residential address;

                   (ba)  all other residential addresses of the individual in the 10 years before the application was made;

                     (c)  if the individual is employed—the name and business address of the individual’s employer;

                    (ca)  if the individual is a student—the name and business address of the institution at which the individual is studying;

                     (d)  the individual’s contact details;

                     (e)  for a background check that relates to whether the individual is an unlawful non‑citizen or holds a visa entitling him or her to work in Australia:

                              (i)  the number and country of issue of any passport issued to the individual; and

                             (ii)  the number and expiry date of any visa granted to the individual enabling the individual to travel to and enter, or remain in, Australia.

       (1AA)  An application for a background check about an individual who has applied for a security identification card is required to include the information mentioned in paragraphs 6(1)(c) and (ca) only if, at the time the application for a background check is made, the individual has an operational need for the card.

Note:          However, if the application does not include the information mentioned in paragraphs 6(1)(c) and (ca), further information must be given to the Secretary before the security identification card can be issued (see regulation 14A).

          (1A)  An application mentioned in subparagraph 5(1)(b)(ii) or subparagraph 5(1)(c)(i) for a background check about an individual who is an applicant for, or the holder of, a security identification card must include the individual’s name, date of birth and residential address.

          (1B)  An application mentioned in subparagraph 5(1)(b)(i) or (c)(ii) must include the information given to the issuing body making the application by the applicant for, or the holder of, the security identification card under:

                     (a)  subregulation 6.08LB(2) of the Maritime Transport and Offshore Facility Security Regulations 2003; or

                     (b)  subregulation 6.41(1) of the Aviation Transport Security Regulations 2005.

          (1C)  For a national health security check under subregulation 5(4), AusCheck may establish a compliance system to confirm and update details provided for subregulation (1).

             (2)  For paragraph (1)(d), an individual’s contact details are:

                     (a)  the individual’s preferred mailing address; and

                     (b)  the individual’s preferred telephone contact number (which may be a home, business or mobile number); and

                     (c)  the individual’s email address, if the individual chooses to give it.

7  Collection, use and disclosure of criminal history information

             (1)  For the purpose of conducting a background check about an individual that involves an assessment of the individual’s criminal history, the Secretary must:

                     (a)  collect criminal history information about the individual; and

                     (b)  use the information in making the assessment; and

                     (c)  disclose the information in circumstances mentioned in these Regulations.

Note:          Criminal history information may include information about certain offences mentioned in items 14 and 20 to 24 of Schedule 4 to the Crimes Regulations 1990 to which Division 3 of Part VIIC of the Crimes Act 1914 would otherwise apply (commonly known as ‘spent convictions’).

             (2)  For paragraph (1)(a), the information may include criminal history information from other countries, only if the legislation authorising background checking sets out circumstances in which criminal history information from another country is to be collected and criteria against which to assess that information.

8  Preliminary assessments that include unfavourable criminal history advice about individuals

             (1)  This regulation applies if the Secretary makes a preliminary assessment that advice of the outcome of the background check should include unfavourable criminal history advice about the individual to whom the background check relates.

             (2)  The Secretary must give the individual written notice:

                     (a)  about the substance of the unfavourable criminal history advice; and

                     (b)  giving the individual an opportunity to make representations to the Secretary on or before the day mentioned in the notice, or a later day nominated under subregulation (4), about whether the individual’s criminal history discloses any of the matters mentioned in paragraph 9(1)(a).

             (3)  The day mentioned in the notice must be at least:

                     (a)  for an application mentioned in paragraph 5(1)(b) or (c), or subregulation 5(3) or (4)—14 days; or

                     (b)  in any other case—28 days.

             (4)  If, before the day mentioned in the notice, the individual asks the Secretary to extend the time for making representations, the Secretary may extend the time until a later day nominated by the Secretary.

             (5)  The Secretary must not give any advice about the outcome of the background check until:

                     (a)  if the individual, in making representations, has requested that the advice be given—as soon as practicable; or

                     (b)  in any other case—after any representations made by the individual before the end of the day mentioned in the notice or any later day nominated under subregulation (4) have been considered.

             (6)  If the Secretary decides that advice of the outcome of background check should include unfavourable criminal history advice about the individual, the Secretary must tell the individual of the decision.

9  Advice about outcome of background check

             (1)  If an issuing body makes an application mentioned in subregulation 5(2), (4) or (5), the Secretary is to give the issuing body the following advice on the outcome of the check:

                     (a)  whether or not the criminal history of the individual to whom the background check relates discloses any of the following:

                              (i)  an adverse criminal record;

                             (ii)  a qualified criminal record;

                            (iii)  that the individual has been convicted of a disqualifying offence; and

                     (b)  whether or not a security assessment of the individual is an adverse or qualified security assessment; and

                     (c)  if the background check included an assessment of information relating to whether the individual is an unlawful non‑citizen or holds a visa entitling him or her to work in Australia—the result of the assessment.

          (1A)  If the Transport Secretary makes an application mentioned in subparagraph 5(1)(b)(ii) or (c)(i), the Secretary must:

                     (a)  give the Transport Secretary the advice mentioned in paragraph (1)(a); and

                     (b)  if the background check discloses any of the matters in subregulation (1D)—give the advice mentioned in paragraph (1)(a) to the issuing body for the security identification card applied for by the applicant or held by the holder.

          (1B)  If an issuing body applies for a background check under subparagraph 5(1)(b)(i) or (c)(ii), the Secretary must give the advice mentioned in paragraph (1)(a) to the issuing body for the security identification card applied for by the applicant or held by the holder.

          (1C)  If an application is taken to have been made under subregulation 5(3), the Secretary must:

                     (a)  give the applicant or holder the advice mentioned in paragraph (1)(a); and

                     (b)  if the background check discloses any of the matters in subregulation (1D)—give the advice mentioned in paragraph (1)(a) to the issuing body for the security identification card applied for by the applicant or held by the holder.

          (1D)  For paragraphs (1A)(b) and (1C)(b), the matters are that the applicant for, or holder of, the security identification card has any of the following:

                     (a)  an adverse criminal record;

                     (b)  a conviction for a disqualifying offence;

                     (c)  a qualified criminal record.

             (2)  If the advice given under subregulation (1), (1A), (1B) or (1C) discloses that the individual has a qualified criminal record, the advice must be accompanied by a copy of the individual’s offences that are relevant to the kind of security check for which the issuing body applied.

             (3)  The Secretary may also give the advice mentioned in subregulation (1), (1A), (1B) or (1C) to another issuing body if the issuing body:

                     (a)  is considering whether to allow the individual access to a secure area or facility that is subject to background checking requirements, or whether to issue a security identification card to the individual; and

                     (b)  either:

                              (i)  for a national health security check—is an issuing body mentioned in paragraph (c) of the definition of issuing body in regulation 3; or

                             (ii)  for a background check that does not include a national health security check—is an issuing body mentioned in paragraph (a) or (b) of that definition.

             (4)  If an issuing body intends to authorise an individual, relying on the remaining period of validity of a national health security check issued for the individual by another issuing body:

                     (a)  it must tell AusCheck that it intends to do so; and

                     (b)  AusCheck must tell the issuing body whether:

                              (i)  the individual has an eligibility status of eligible, not eligible or qualified; and

                             (ii)  the national health security check has expired or has been suspended or cancelled.

9A  Transfer of responsibility for ASICs and MSICs and applications for ASICs and MSICs

             (1)  This regulation applies if, under regulation 6.22 of the Aviation Transport Security Regulations 2005 or regulation 6.07ZA of the Maritime Transport and Offshore Facilities Security Regulations 2003, an issuing body (the new issuing body) becomes, or is, the issuing body for:

                     (a)  a security identification card issued by another issuing body; or

                     (b)  an application for a security identification card made to another issuing body.

             (2)  The Secretary may give the new issuing body any advice, documents or information (which may include AusCheck scheme personal information) that the Secretary would have been required or authorised under these Regulations to give the other issuing body in relation to the security identification card or the application.

10  Advice to Transport Secretary of outcome—criminal record

             (1)  This regulation applies if:

                     (a)  a background check is undertaken for an individual who holds or has applied for a security identification card; and

                     (b)  the advice that is given to an issuing body of the outcome of the background check discloses that the individual has an adverse criminal record; and

                     (c)  the Transport Secretary has told the Secretary that an application has been made:

                              (i)  under regulation 6.08F of the Maritime Transport and Offshore Facilities Security Regulation 2003 or regulation 6.29 of the Aviation Transport Security Regulations 2005 for approval to issue a security identification card to the individual; or

                             (ii)  under subregulation 6.08MA(2) of the Maritime Transport and Offshore Facilities Security Regulation 2003 or subregulation 6.43A(2) of the Aviation Transport Security Regulations 2005 to set aside the cancellation of a security identification card issued to the individual.

          (1A)  The Secretary must give the Transport Secretary a copy of the following documents held by the Secretary:

                     (a)  the individual’s criminal history;

                     (b)  the assessment that was made by the Secretary of information relating to the individual’s criminal history for the background check;

                     (c)  any other information relevant to the individual’s background check.

10AA  Advice to Transport Secretary of outcome—security assessment

             (1)  This regulation applies if a background check is undertaken for an individual who holds or has applied for a security identification card.

             (2)  If the outcome of the background check discloses that a security assessment of the individual is an adverse or qualified security assessment, the Secretary must give the Transport Secretary a copy of the security assessment.

10A  Internal review of advice given

                   If the Secretary becomes aware that advice already given to an issuing body under these Regulations is inaccurate or incomplete, the Secretary must give further advice to the issuing body that is accurate and complete.

11  Fees

             (1)  The Secretary may charge a fee for an application for a background check.

             (2)  The amount of the fee must be based on the nature and the complexity of the background check.

Examples

1                 A higher fee may be justified for an initial background check than for a subsequent background check.

2                 The fee for a background check may vary depending on which of the kinds of information mentioned in paragraphs (a) to (d) of the definition of background check in section 5 of the Act are assessed as part of the background check.

             (3)  The fee payable by an issuing body (other than the Commonwealth or a Commonwealth authority that is not a corporation) for an application for a background check is a debt due to the Commonwealth.

12  Review of decisions

                   An individual about whom advice of the outcome of a background check contains unfavourable criminal history advice may apply to the Administrative Appeals Tribunal for review of the decision to give the unfavourable criminal history advice.

13  Website

             (1)  The Secretary must keep a website about the AusCheck scheme.

             (2)  The website must include:

                     (a)  a facility enabling applications for background checks to be made electronically; and

                     (b)  a notice, to be given by an issuing body to an individual before an application for a background check about the individual is made under subregulation 5(2), that explains how the Secretary and AusCheck staff members will use and disclose personal information about the individual for the AusCheck scheme.

14  Information to be given to Secretary

             (1)  An issuing body must give the Secretary the required personal information about a relevant individual by the required time.

             (2)  The required personal information is:

                     (a)  the name of the individual (or, if a replacement for a security identification card was issued to the individual because of a change of name, the old and new names); and

                     (b)  a photograph of the individual, unless the Secretary exempts the issuing body from this requirement; and

                     (c)  for a security identification card that has been, or is proposed to be, issued to the individual:

                              (i)  the number of the card; and

                             (ii)  if the security identification card is an aviation security identification card—the locations for which it is, or will be, valid; and

                            (iii)  the expiry date.

             (3)  A relevant individual is:

                     (a)  an individual for whom a security identification card that was issued before the commencement of these Regulations is in force when these Regulations commence; and

                     (b)  an individual for whom a security identification card is issued after the commencement of these Regulations as a replacement for a security identification card that was issued before the commencement of these Regulations; and

                     (c)  an individual about whom a background check under the AusCheck scheme has been conducted.

             (4)  The required time is:

                     (a)  for an individual mentioned in paragraph (3)(a)—as soon as practicable after the commencement of these Regulations; or

                     (b)  for an individual mentioned in paragraph (3)(b)—within 30 days after the card is issued;

                     (c)  for an individual mentioned in paragraph (3)(c):

                              (i)  within 30 days after advice is given to the issuing body of the outcome of the background check about the individual; or

                             (ii)  if a security identification card is not issued within the period mentioned in subparagraph (i)—within 30 days after the card is issued.

             (5)  If a security identification card is cancelled or suspended before its expiry date or is lost, stolen or destroyed, the issuing body must tell the Secretary within 48 hours after:

                     (a)  the cancellation or suspension; or

                     (b)  the issuing body becoming aware of the loss, theft or destruction.

          (5A)  If an issuing body cancels or suspends an authorisation that relies on a national health security check before its expiry date, the issuing body must tell the Secretary within 48 hours after the cancellation or suspension.

             (6)  An issuing body must tell the Secretary if the issuing body decides not to issue a security identification card to an individual in relation to whom advice of the outcome of a background check did not include:

                     (a)  unfavourable criminal history advice; or

                     (b)  advice that:

                              (i)  a security assessment of the individual is an adverse or qualified security assessment; or

                             (ii)  the individual is an unlawful non‑citizen; or

                            (iii)  the individual does not hold a visa entitling him or her to work in Australia.

14A  Further information to be given to Secretary in relation to certain applicants for security identification cards

             (1)  This regulation applies if:

                     (a)  an issuing body proposes to issue a security identification card to an individual; and

                     (b)  when the issuing body applied for a background check in relation to the individual, the background check application did not include the information mentioned in paragraph 6(1)(c) or (ca).

             (2)  Before issuing the security identification card, the issuing body must give the Secretary:

                     (a)  if the individual has an operational need because of his or her employment—the name and business address of the individual’s employer; or

                     (b)  if the individual has an operational need because he or she is a student—the name and business address of the institution at which the individual is studying.

15  Guidelines about use and disclosure of information included in AusCheck database

             (1)  The Secretary may issue guidelines about the use and disclosure of information included in the AusCheck database.

             (2)  AusCheck staff members must comply with the guidelines.

16  Application of amendments made by the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015

                   The amendments of these Regulations made by Part 3 of Schedule 1 to the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015 apply in relation to an application for a security identification card made on or after the commencement of that Part.

Note:          Part 3 of Schedule 1 to the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015 commenced on 15 December 2015.

17  Application of amendments made by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016

                   Regulation 9A, as inserted by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016, applies in relation to the following:

                     (a)  a decision of the Transport Secretary made on or after 1 November 2016 to revoke the authorisation of a body as an issuing body (including such a decision made on the basis of matters that arose before that day);

                     (b)  any other event referred to in the following provisions that occurs on or after 1 November 2016:

                              (i)  subregulation 6.22(1) of the Aviation Transport Security Regulations 2005;

                             (ii)  subregulation 6.07ZA(1) of the Maritime Transport and Offshore Facilities Security Regulations 2003.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration

Commencement

Application, saving and transitional provisions

137, 2007

12 June 2007 (F2007L01570)

1 July 2007 (r 2)

 

150, 2010

2 July 2010 (F2010L01781)

14 July 2010 (r 2)

286, 2010

30 Nov 2010 (F2010L03065)

1 Dec 2010 (r 2)

208, 2012

3 Sept 2012 (F2012L01823)

4 Sept 2012 (s 2)

248, 2015

14 Dec 2015 (F2015L01966)

Sch 1 (items 37–50): 15 Dec 2015 (s 2(1) item 1)

 

Name

Registration

Commencement

Application, saving and transitional provisions

Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016

28 Oct 2016 (F2016L01660)

Sch 3: 1 Nov 2016 (s 2(1) item 4)

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 2.............................................

rep LA s 48D

r 3.............................................

am No 150, 2010; No 208, 2012; No 248, 2015

r 5.............................................

am No 150, 2010

 

rs No 286, 2010

 

am No 208, 2012; No 248, 2015

r 5A..........................................

ad No 286, 2010

r 5B...........................................

ad No 286, 2010

r 6.............................................

am No 150, 2010; No 286, 2010; No 208, 2012; No 248, 2015

r 7.............................................

am 2010 No 150

r 8.............................................

am No 150, 2010; No 286, 2010

r 9.............................................

am No 150, 2010; No 286, 2010; No 208, 2012; No 248, 2015; F2016L01660

r 9A..........................................

ad F2016L01660

r 10...........................................

am No 150, 2010; No 286, 2010

r 10AA......................................

ad 2010 No 286

r 10A........................................

ad 2010 No 150

r 13...........................................

am No 150, 2010; No 286, 2010

r 14...........................................

am No 150, 2010

 

ed C5

r 14A........................................

ad No 248, 2015

r 16...........................................

ad No 248, 2015

r 17...........................................

ad F2016L01660

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

 

Subregulation 14(6)

 

Kind of editorial change

 

Change to grammar, syntax or the use of conjunctives or disjunctives

 

Details of editorial change

 

Subregulation 14(6) contains the phrase: “issue a security identification card to a individual”.

 

This compilation was editorially changed to omit the word “a” and insert the word “an”, between the words “to” and “individual”, to correct this grammatical error.