House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minster for Home Affairs, the Hon Jason Clare MP)

Schedule 2 - Amendments to the AusCheck Act 2007

GENERAL OUTLINE

166. Schedule 2 will strengthen the ability of the ASIC and MSIC schemes to mitigate national security threats, including serious and organised crime by authorising the Secretary, through AusCheck, to suspend a person's ASIC or MSIC (a card) if the person is charged with a serious offence. The Secretary will also be able to suspend processing an application for a card if the applicant is charged with a serious offence and will be able to direct a card issuing body not to issue a card to a person who has been found eligible but is charged with a serious offence before a card is issued.

167. Schedule 2 forms part of the Government's response to the recommendations of the Polaris and PJCLE Reports. The amendments will assist in preventing and stopping high-risk individuals from accessing secure areas of airports and seaports and in disrupting organised criminal groups' infiltration of the maritime and aviation industries and the supply chain.

168. The current ASIC and MSIC regimes are administered by the Transport Secretary and are set out in the Aviation and Maritime Regulations. Under the Aviation and Maritime Regulations, a person is required to hold a card in order to access secure areas of airports and seaports without escort and on an ongoing basis.

169. The Aviation and Regulations provide for the cancellation of a card in specified circumstances, including where the card holder is convicted of, and sentenced to imprisonment for, an aviation- or maritime-security-relevant offence. The Transport Secretary may also suspend a card of a card holder who has been convicted of an aviation- or maritime-security-relevant offence but not yet sentenced.

170. The power to suspend a person's card following charge with a serious offence will build upon these arrangements. Schedule 2 will provide a regulatory framework to:

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require card holders and applicants to notify AusCheck or their card issuing body when they have been charged with a serious offence

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allow appropriate law enforcement officers to determine whether an individual the subject of a serious charge is a card holder or applicant

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enable AusCheck to conduct background checks to determine whether a card holder or applicant has been charged with a serious offence

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enable the Secretary to suspend a card or application where the card holder or applicant has been charged with a serious offence, and

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enable AusCheck to conduct a further background check following the resolution of the charge to confirm the individual's eligibility to hold a card.

171. Further details of this framework will be implemented through regulations made under the AusCheck Act, including by creating offences for conduct such as failing to report a charge for a serious offence, similar to existing offences for failing to report a conviction for an aviation- or maritime-security-relevant offence. These offences will carry pecuniary penalties.

172. The AusCheck Branch of the Attorney-General's Department conducts background checks for the ASIC, MSIC, and National Health Security schemes, operating under the AusCheck Act and AusCheck Regulations 2007 (AusCheck Regulations).

173. The amendments in this Bill will only apply to the ASIC and MSIC schemes.

AusCheck Act 2007

Part 1 - Amendments

Item 1 - Subsection 4(1)

174. Item 1 inserts a definition of ASIC (short for aviation security identification card) into subsection 4(1) of the AusCheck Act. ASIC will have the same meaning as in the Aviation Regulations.

175. Item 1 also inserts a definition of aviation-security-relevant offence into subsection 4(1) of the AusCheck Act. This item provides that aviation-security-relevant offence has the same meaning as in the Aviation Regulations. Suspension of cards and applications will only be authorised where the person has been charged with an offence that is a serious offence, which must be an aviation-security-relevant offence. See Item 5 in relation to the full definition of serious offence.

Item 2 - Subsection 4(1) (definition of aviation security identification card)

176. Item 2 repeals the existing definition of aviation security identification card in the AusCheck Act which is replaced by the definition of ASIC in Item 1. The existing definition of aviation security identification card refers to "an identification card issued under" the Aviation Regulations and could, therefore, refer to identification cards other than ASICs that are not relevant to the ASIC scheme. The repeal of the existing definition and replacement with the more limited definition is designed to ensure the provisions in the AusCheck Act, including the new provisions providing for the suspension on charge measure, do not have unintended application to other types of identification cards that could be issued under the Aviation Regulations.

Item 3 - Subsection 4(1)

177. Item 3 inserts a definition of charged into subsection 4(1) of the AusCheck Act. This Item provides that, for the purposes of the suspension on charge measure, an individual is taken to have been charged with a serious offence if an information is laid against the individual for the offence.

178. The amendments will only authorise a background check to confirm that a person has been charged with a serious offence where the Secretary considers on reasonable grounds that the individual has been charged with a serious offence. It is important that this occur at the earliest opportunity to ensure high-risk individuals do not access secure areas. Accordingly, where an arrest warrant has been issued in relation to an applicant or card holder, it will be possible for a background check to be undertaken before the individual has been advised of the charge.

179. Item 3 also inserts a definition of issuing body into subsection 4(1). This definition provides that the term has the same meaning as in the Aviation Regulations and Maritime Regulations for the purposes of ASICs and MSICs, respectively.

180. Item 3 also inserts a definition of maritime-security-relevant offence into subsection 4(1). Item 3 provides that maritime-security-relevant offence has the same meaning as in the Maritime Regulations. Suspension of cards and applications will only be authorised where the person has been charged with an offence that is a serious offence, which must be a maritime-security-relevant offence.

Item 4 - Subsection 4(1) (definition of maritime security identification card)

181. Item 4 repeals the existing definition of maritime security identification card in the AusCheck Act, which is replaced by the definition of MSIC in Item 5. The existing definition refers to "an identification card issued under" the Maritime Regulations and, could, therefore refer to identification cards other than MSICs. The new definition is designed to ensure the provisions in the AusCheck Act do not have unintended application to other cards that could be issued under the Maritime Regulations.

Item 5 - Subsection 4(1)

182. Item 5 inserts a definition of MSIC (short for maritime security identification card) into subsection 4(1) of the AusCheck Act. MSIC has the same meaning as in the Maritime Regulations.

183. Item 5 inserts a definition of resolved into subsection 4(1) of the AusCheck Act for the purposes of the suspension on charge measure. This Item provides that when a charge for a serious offence is resolved in relation to an individual is set out in proposed new subsection 4(3).

184. Item 5 inserts the definition of Secretary to mean the Secretary of the Department. The relevant Department is the Attorney-General's Department.

185. Item 5 also inserts a definition of serious offence into subsection 4(1) of the AusCheck Act for the purposes of the suspension on charge measure. Paragraph (a) of the definition provides that a serious offence for the purposes of an ASIC means an aviation-security-relevant offence within the meaning of the Aviation Regulations that is also specified in regulations made under the AusCheck Act. Paragraph (b) of the definition provides that a serious offence for the purposes of an MSIC means an maritime-security-relevant offence within the meaning of the Maritime Regulations that is also specified in regulations made under the AusCheck Act.

186. The definition of serious offence ensures that a serious offence will also always be an aviation- or maritime security-relevant-offence, but leaves it open to the regulations to further limit the offences to allow the list to appropriately target serious offences that demonstrate an individual poses a potential threat to aviation or maritime security.

187. Item 5 also inserts a definition of Transport Secretary into subsection 4(1) of the AusCheck Act. This definition provides that the Transport Secretary means the Secretary of the Department administered by the Minister who administers the Aviation Transport Security Act 2004 .

Item 6 - Before subsection 4(2)

188. Item 6 inserts the subheading " Meaning of personal information" before existing subsection 4(2) of the AusCheck Act, which provides the avoidance of doubt provision in relation to the meaning of personal information in subsection 4(1) of the AusCheck Act.

Item 7 - Subsection 4(2) (paragraph (a) of the definition of personal information)

189. Item 7 omits the words "aviation security identification card or a maritime security identification card" and substitutes "ASIC or MSIC" into the definition of personal information.

Item 8 - At the end of section 4

190. Item 8 adds a new subsection into existing section 4 of the AusCheck Act to provide clarity around when a charge in relation to a serious offence is resolved. Proposed new subsection 4(3) provides that a charge for a serious offence in relation to an individual is resolved for the purposes of the AusCheck Act, if the charge is finally dealt with through either the withdrawal of the charge, the dismissal of the charge by a court, the discharge of the individual by a court following a committal hearing, the acquittal of the individual for the charge by a court, or a finding by a court that the individual is guilty of the offence.

191. The withdrawal of a charge would include the discontinuation of a charge and the substitution of another charge. A finding by a court that the individual is guilty of the offence would include circumstances where the court sentences the individual for the offence as well as circumstances where the court makes an order relating to the offence under section 19B of the Crimes Act 1914 (discharge without proceeding to conviction), or a corresponding provision of a law of a State or Territory.

Item 9 - After paragraph 5(a)

192. Item 9 inserts a new paragraph after existing paragraph 5(a) of the AusCheck Act. Proposed new paragraph 5(aa) provides for an additional type of check that can be undertaken by AusCheck as a background check or as part of a background check that consists of one or more other elements as set out in existing section 5.

193. Proposed new subparagraph 5(aa)(i) provides that, if required or permitted under a regulation made under subsection 8(3) of the AusCheck Act, AusCheck can undertake a background check to determine whether an individual has been charged with a serious offence. Such checks will be necessary to determine whether the Secretary is required to suspend an individual's application for an ASIC or MSIC or suspend an ASIC or MSIC that has been issued, or is required to direct a card issuing body or another person not to issue a card or not to authorise access to a secure area.

194. Proposed new subparagraph 5(aa)(ii) provides that, if required or permitted under a regulation made under subsection 8(3), AusCheck can undertake a background check to determine whether a charge for a serious offence has been resolved. In practice, after AusCheck is notified that a charge has been resolved, AusCheck will conduct a check to confirm that information.

Item 10 - At the end of subsection 8(1)

195. Item 10 adds a new paragraph to existing subsection 8(1) of the AusCheck Act. Proposed new paragraph 8(1)(c) acknowledges that regulations may be made under proposed new subsection (3) (see Item 12) requiring or permitting a background check of an individual to be conducted for specified purposes.

Item 11 - Before subsection 8(2)

196. Item 11 inserts the heading National security background checks before existing subsection 8(2) of the AusCheck Act. This amendment improves the readability of section 8 of the AusCheck Act.

Item 12 - At the end of section 8

197. Item 12 adds a new subsection to existing section 8 of the AusCheck Act. Proposed new subsection 8(3), Background checks required or permitted under the regulations-charges for serious offences , will authorise the making of regulations requiring or permitting a background check in specified circumstances. The regulation making power will be limited to purposes related to the suspension on charge measure.

198. It is appropriate to limit the new regulation making power as it will not be necessary or appropriate to conduct a background check in relation to an individual's security assessment (see paragraph 5(b)) or citizenship status, residency status, or entitlement to work (see paragraph 5(c)) in furtherance of the suspension on charge measure, as checks in relation to those matters will have been undertaken at the time the individual made their initial application, and could not reasonably be expected to have changed simply because the individual has been charged with a serious offence.

199. Where an applicant self reports that he or she has been charged with a serious offence, it may only be necessary to conduct a background check to confirm the applicant's identity and to determine whether the person has been charged with a serious offence before making a decision to suspend the application. Where a card holder self reports that he or she has been charged with a serious offence, it may only be necessary to conduct a background check to determine whether the person has been charged with a serious offence before making a decision to suspend the card.

200. Where the holder of a suspended card advises that the charge for the serious offence has been resolved, it would be appropriate to conduct a background check to confirm that information. Where AusCheck determines that the person continues to be the subject of a charge for one or more serious offences, it would not be necessary to conduct a criminal history check (to assess eligibility) as the card would remain suspended. Where the check confirms that there are no outstanding charges, AusCheck may need to conduct a criminal history check. If that check reveals the card holder has been convicted of a security-relevant offence, AusCheck would assess the individual's continued eligibility to hold a card. Where a card holder is found not eligible on the basis of the new criminal history, the Secretary would direct the card issuing body to cancel the card under the existing Aviation and Maritime Regulations.

201. It is proposed that the regulations will provide that, when the Secretary considers on reasonable grounds that an individual has been charged with a serious offence, a background check to determine this matter will be an element of a background check in relation to ASIC and MSIC applicants. In those cases, it will not be necessary to make a decision as to whether the individual is eligible to hold a card until it has been determined that there are no outstanding charges for serious offences in relation to the person (i.e. that all serious charges have been resolved).

202. Proposed new paragraph 8(3)(a) will limit the regulation making power to certain circumstances as specified.

203. The reference to applications throughout this Explanatory Memorandum is intended to include both initial and subsequent applications for an MSIC under the two year/four year regime (an individual with a four year MSIC must have a follow up background check at the two year mark). The reference to applications would also cover situations where, for example, an ASIC or MSIC is cancelled by a card issuing body because the card holder temporarily has no operational need for a card as he or she has taken extended leave and then the card is later issued once the individual had an operational need. The later issue of a card by the card issuing body also involves an application for a card. An individual always has to apply to be issued a card.

204. Proposed new paragraph 8(3)(b) will further limit the regulation making power to circumstances where the Secretary considers on reasonable grounds that the individual has been charged with a serious offence or that a charge for a serious offence has been resolved in relation to the individual.

205. Item 12 inserts a note at the end of subsection 8(3) to clarify that the matters referred to in paragraphs 5(a), (aa) and (d) cover the individual's criminal history, whether the individual has been charged with a serious offence or has had a charge for such an offence resolved, and the individual's identity.

206. Item 12 also inserts subsection 8(4) to ensure that a regulation made under subsection 8(3) may only require or permit a background check to be conducted for purposes related to determining whether it is appropriate for the individual to enter certain areas or zones.

Item 13 - Section 9 (at the end of the heading)

207. Item 13 adds the words "-background checks required or permitted other than under regulations made under this Act" to the heading for section 9. This differentiates the matters covered by the AusCheck scheme in relation to background checks performed pursuant to authority other than under regulations made under the AusCheck Act from background checks performed pursuant to the AusCheck Act itself (see proposed new section 10).

Item 14 - Subsection 9(1)

208. Item 14 inserts the words ", for the purposes of paragraphs 8(1)(a) and (b)," into existing subsection 9(1) of the AusCheck Act after the word "may". This differentiates the matters for which the AusCheck scheme may make provision in relation to existing background checks as opposed to those for which the AusCheck scheme may make provision in relation to the new suspension on charge measure.

Item 15 - Paragraph 9(1)(h)

209. Item 15 omits the semicolon after the word "check" in existing paragraph 9(1)(h) of the AusCheck Act and replaces it with a full stop. This is because Item 16 repeals paragraph 9(1)(i) (which is reinserted without material change by Item 21), making existing paragraph 9(1)(h) the last paragraph in subsection 9(1).

Item 16 - Paragraph 9(1)(i)

210. Item 16 repeals paragraph 9(1)(i), which is later reinserted in Item 21 as proposed new section 10A without material change.

Item 17 - Paragraphs 9(2)(a)

211. Item 17 omits "under the AusCheck scheme" and substitutes "for the purposes of paragraphs 8(1)(a) and (b)". This amendment is necessary as paragraph 9(2)(a) does not relate to the suspension on charge measure.

Item 18 - Subparagraphs 9(4)(a)(i) and (ii)

212. Item 18 repeals subparagraphs 9(4)(a)(i) and (ii) and inserts a new subparagraph 9(4)(a)(i) into existing paragraph 9(4). This amendment replaces the words "an aviation security identification card" and "a maritime security identification card" with the short form "an ASIC or MSIC".

Item 19 - Paragraph 9(4)(b)

213. Item 19 omits the words "the other person" from existing paragraph 9(4)(b) and substitutes "the person to whom the application was made". This is intended to avoid confusion and to clarify that the person to whom paragraph 9(4)(b) refers is the person to whom the application is made. In practice, this will be the individual's card issuing body which will have notified the individual that a background check was a precondition to the issuing of a card and continuing eligibility to hold a card.

Item 20 - Paragraph 9(4)(b)

214. Item 20 omits the words "to the issuing of the card, licence, permit or authorisation" from existing subparagraph 9(4)(b)(i) and replaces them with proposed new subparagraphs 9(4)(b)(i) and 9(4)(b)(ii). This is because, once this amendment commences operation, a card issuing body will be required to notify applicants that a background check is a precondition to the issue of a card and to the individual's continuing eligibility to hold a card. This amendment means an individual who has been properly notified will be taken to have consented to the conduct of any further background check required or permitted other than under the AusCheck Act.

215. Currently, under the Aviation and Maritime Regulations, the Transport Secretary can apply for a background check on the holder of an ASIC or MSIC if the Transport Secretary considers on reasonable grounds that the holder has been convicted of an aviation or maritime security-relevant offence or constitutes a threat to aviation or maritime security. This amendment will ensure that AusCheck is duly authorised to undertake the background check, by providing that an individual who has been properly notified will have been taken to have consented to the further background check.

216. This amendment will only apply in relation to individuals who apply for an ASIC or MSIC on or after the amendments in this Bill have commenced operation and who have received the relevant notification information from their card issuing body. This ensures applicants are providing informed consent. An individual who does not wish to be the subject to an initial or a subsequent background check has the option of not applying for an ASIC or MSIC. Consent for background checks is discussed further in the Statement of Compatibility.

217. This amendment is not relevant to consent in relation to background checks required or permitted under the AusCheck Act (as opposed to those background checks required or permitted under another authority, such as the Aviation or Maritime Regulations). Specifically, the amendment has no application to background checks undertaken for purposes related to the suspension on charge measure.

Item 21 - After section 9

218. Item 21 inserts proposed new section 10 after existing section 9 of the AusCheck Act. Proposed new section 10, Matters covered by AusCheck scheme-background checks required or permitted under regulations made under this Act, provides that the AusCheck scheme may, for the purposes of new paragraph 8(1)(c), make provision for and in relation to:

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giving the Secretary certain information

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the criteria against which a background check is to be assessed

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the decision or decisions that may be made as a result of a background check

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the form of advice to be given to an individual and other persons following a background check.

219. Proposed new subsection 10(2) provides that the matters referred to in subsection 10(1) may relate to all background checks to be conducted for the purposes of paragraph 8(1)(c) or a specified class of background checks. This will ensure consistency with paragraph 9(2)(a) of the AusCheck Act.

220. Proposed new subsection 10(3) provides that the AusCheck scheme may, for the purposes of new paragraph 8(1)(c), make provision for and in relation to an individual or a card issuing body notifying the Secretary or the Transport Secretary of certain matters in particular circumstances as specified in the subsection.

221. Item 21 also inserts proposed new section 10A, Matters covered by AusCheck scheme-online verification service, into the AusCheck Act. Proposed new section 10A replaces existing paragraph 9(1)(i), which is repealed by Item 16 of the Bill. There is no substantial change to the effect of this section.

Item 22 - Before subsection 11(2)

222. Item 22 inserts the heading Directions about advising whether licence etc. has been issued to individual before existing subsection 11(2) of the AusCheck Act. This is to improve readability of section 11.

Item 23 - At the end of section 11

223. Item 23 adds proposed new subsections 11(3) to 11(6) at the end of existing section 11 of the AusCheck Act.

224. Proposed new subsection 11(3), Directions in connection with background checks required or permitted under the regulations-charges for serious offences , provides for the AusCheck scheme to empower the Secretary to give a direction to a card issuing body to delay consideration of an application for, or suspend, an ASIC or MSIC in the specified circumstances, and to the Transport Secretary to delay consideration of an application for an ASIC or MSIC or to delay consideration of an application to set aside the cancellation of an ASIC or MSIC.

225. Proposed new subsection 11(4), Giving further directions referred to in subsection (3 ), provides for the giving of directions by the Secretary. Proposed new paragraph 11(4)(b) requires the Secretary to give a direction where all charges for serious offences have been resolved in relation to the individual and a background check of the individual's criminal history has been conducted. Proposed new paragraph 11(4)(b) authorises the Secretary to give a further direction at any time before the background checks of charge for serious offences and criminal history checks referred to in proposed new paragraph 11(4)(a) have been completed.

226. Proposed new subsection 11(5), Directions under subsection (3) to suspend ASICs or MSICs-other card also taken to be suspended , provides that the suspension of an ASIC or MSIC results all cards issued to an individual who has multiple ASICs or/and MSICs. In addition, proposed new subsection 11(5) would prevent an individual from using other cards issued under the Aviation or Maritime Regulations, such as a Visitor Identification Card or a Temporary Aircrew Card.

227. Proposed new subsection 11(6), Other matters connected with giving directions under subsection (3 ), provides for making of provision for matters connected with the giving of a direction under new subsection 11(3). The matters about which provision may be made are listed in proposed new paragraph 11(6) and include:

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preventing the making any other application by the individual

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preventing entry into certain areas or zones

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preventing the issue of any card to the individual

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preventing the individual obtaining escorted access to certain areas

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the return of a suspended card issued to an individual

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updating registers of cards and other records kept by a card issuing body

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preventing unlawful interference with aviation, maritime transport or offshore facilities

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preventing the commission of an offence, and

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preventing an incident that poses a threat to national security.

228. The types of card or access intended to be captured by proposed new paragraph 11(6)(a) to 11(6)(c) would include, but not be limited to, an ASIC or MSIC, Visitor Identification Card, Temporary Aircrew Card, or temporary ASIC or MSIC, and escorted access

Item 24 - Before paragraph 13(1)(a)

229. Item 24 inserts a new paragraph in existing subsection 13(1) of the AusCheck Act. Proposed new paragraph 13(1)(aa) provides that the collection, use and disclosure of personal information (other than identity verification information) for purposes directly relating to determining whether a background check under the AusCheck scheme is required or permitted to be conducted in respect of a particular individual is authorised for the purposes of the Privacy Act 1988 .

230. The collection, use and disclosure of personal information will occur for the purposes of the suspension on charge measure to confirm, for example, where incomplete information has been provided to AusCheck and the disclosure is needed to determine whether a background check is required to be undertaken. This disclosure would not in itself amount to the commencement of a background check.

Item 25 - Subparagraphs 13(1)(c)(i) and (ii)

231. Item 25 omits the words "aviation security identification card or a maritime security identification card" from existing subparagraphs 13(1)(c)(i) and 13(1)(c)(ii) of the AusCheck Act and replaces those words with the words "ASIC or MSIC".

Item 26 - After subparagraph 14(2)(b)(i)

232. Item 26 inserts a new subparagraph into existing paragraph 14(2)(b) of the AusCheck Act. Proposed new subparagraph 14(2)(b)(ia) will authorise the use or disclosure of AusCheck scheme personal information (other than identity verification information) for the purposes of monitoring and enforcing compliance with a requirement under the AusCheck scheme, the Aviation Regulations or the Maritime Regulations to notify the Secretary or the Transport Secretary of a specified matter. This amendment would allow AusCheck to disclose personal information about an individual's failure to self-report a conviction and sentence for a security-relevant-offence (an existing requirement under the Aviation and Maritime Regulations) to the Transport Secretary.

Item 27 - At the end of paragraph 14(2)(b)

233. Item 27 adds a new subparagraph to paragraph 14(2)(b) of the AusCheck Act. Proposed new subparagraph 14(2)(b)(iv) will authorise the use or disclosure of AusCheck scheme personal information about an individual for the purposes of determining whether an individual has been charged with a serious offence or whether such a charge has been resolved. The provision will be limited to information about the individuals covered by subsection 8(3).

Item 28 - Paragraph 14(2A)(a)

234. Item 28 omits the words "aviation security identification card or a maritime security identification card" from existing paragraph 14(2A)(a) of the AusCheck Act and replaces them with the words "ASIC or MSIC".

Item 29 - Paragraph 14(2A)(b)

235. Item 29 omits the words "such an identification card" from existing paragraph 14(2A)(b) of the AusCheck Act and replaces them with the words "an ASIC or MSIC".

Item 30 - Paragraph 18(2)(c)

236. Item 30 replaces the number "50" in existing paragraph 18(2)(c) with the number "100".

237. The monetary value of a penalty unit in relation to an offence under a Commonwealth law is $170 (see subsection 4AA(1) of the Crimes Act 1900 ). Accordingly, Item 30 will increase the maximum penalty that can be imposed by regulations made under the AusCheck Act from $8,500 to $17,000 for an individual or from $42,500 to $85,000 for a body corporate (see subsection 4B(3) of the Crimes Act 1900 ).

238. This amendment will not increase the penalty for any offences already prescribed in the AusCheck Regulations. However, it will provide scope to impose appropriate penalties for offences proposed to be made under regulations made under the AusCheck Act, such as failing to report a charge in relation to a serious offence.

239. A maximum penalty of 100 penalty units would ensure the penalty for an offence for failing to self-report a charge for a serious charge is consistent with penalties for similar offences, such as the offence for failure to self-report a conviction under regulation 6.08LBA of the Maritime Regulations.

Part 2 - Application of amendments

240. Part 2 of Schedule 2 provides for consequential and transitional matters related to the amendments made by Schedule 2 of the Bill.

Item 31 - Application of amendments

241. Item 31 provides for a broad application of the amendments made by Schedule 2 of the Bill to ensure that all persons who applied for or were issued an ASIC or MSIC - whether before, on or after the commencement of the amendments - are subject to the suspension on charge measure if they are charged on or after the commencement of the amendments. If an individual has an outstanding charge at the time the amendments commence they will not be subject to the new suspension on charge measure.

242. These transitional arrangements reflect the importance of taking immediate action to mitigate the threat to national security by serious and organised crime in the aviation and maritime sectors. Given ASICs are valid for 2 years and MSICs are valid for either 2 or 4 years, if these transitional amendments were not put in place it would take up to 4 years before all card holders had reapplied for a new card and were subject to the suspension measure. This delay presents an unacceptable risk.

243. Item 31 also provides that sections 13 and 14 of the AusCheck Act, as in force on and after the commencement of these amendments, apply in relation to personal information whether it is collected before, on or after that commencement.

Item 32 - Savings provision-online verification service

244. Item 32 provides that, despite the repeal of paragraph 9(1)(i) of the AusCheck Act, regulations in force for the purposes of paragraph 9(1)(i) immediately before the commencement of Item 32 continue in force. This ensures the continuity of regulations relevant to (former) paragraph 9(1)(i) that will apply for the purposes of proposed new section 10A following commencement of section 10A.