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This is a Bill, not an Act. For current law, see the Acts databases.
AUSCHECK AMENDMENT BILL 2009
2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
AusCheck Amendment Bill 2009
No. , 2009
(Attorney-General)
A Bill for an Act to amend the AusCheck Act 2007,
and for related purposes
i AusCheck Amendment Bill 2009 No. , 2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 1
Schedule 1--Amendme nts
3
AusCheck Act 2007
3
AusCheck Amendment Bill 2009 No. , 2009 1
A Bill for an Act to amend the AusCheck Act 2007,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the AusCheck Amendment Act 2009.
5
2 Commence ment
6
This Act commences on the day on which it receives the Royal
7
Assent.
8
3 Schedule(s)
9
Each Act that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
2 AusCheck Amendment Bill 2009 No. , 2009
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amend ments Schedule 1
AusCheck Amendment Bill 2009 No. , 2009 3
1
Schedule 1
--
Amendments
2
3
AusCheck Act 2007
4
1 Subsection 4(1)
5
Insert:
6
identity verification information, in relation to an individual,
7
means AusCheck scheme personal information consisting of the
8
individual's fingerprints or other biometric data about the
9
individual, but does not include a photograph of the individual.
10
2 Subsection 4(1)
11
Insert:
12
national security background check, in relation to an individual,
13
means a background check performed in relation to the individual
14
for a purpose referred to in subparagraph 8(c)(i), (ii), (iii), (iv), (v)
15
or (vi).
16
3 Subsection 4(2) (paragraph (b) of the definition of personal
17
information)
18
Repeal the paragraph, substitute:
19
(b) any other identifier assigned to the individual;
20
(c) a photograph of the individual.
21
4 Paragraph 5(b)
22
After "security assessment", insert "(as defined in subsection 35(1) of
23
the Australian Security Intelligence Organisation Act 1979)".
24
5 Paragraph 5(d)
25
Omit "verification checks of documents relating to".
26
6 Section 8
27
Omit ", and the verification of documents".
28
7 At the end of section 8
29
Add:
30
Schedule 1 A mendments
4 AusCheck Amendment Bill 2009 No. , 2009
; and (c) for purposes related to:
1
(i) Australia's national security; or
2
(ii) the defence of Australia; or
3
(iii) a national emergency; or
4
(iv) the prevention of conduct to which Part 5.3 of Chapter 5
5
of the Criminal Code applies; or
6
(v) the executive power of the Commonwealth; or
7
(vi) matters incidental to the execution of any of the
8
legislative powers of the Parliament or the executive
9
power of the Commonwealth.
10
8 At the end of paragraph 9(1)(i)
11
Add:
12
; or (iii) that a national security background check has been
13
conducted in relation to a particular individual; or
14
(iv) that an individual who is in possession of a card,
15
licence, permit or other authorisation in relation to
16
which a national security background check has been
17
conducted is the individual to whom the card, licence,
18
permit or authorisation was issued.
19
9 At the end of section 9
20
Add:
21
(4) For the purposes of paragraph (1)(b), an individual is taken to have
22
given consent to another person making an application for a
23
background check in relation to the individual if:
24
(a) the individual has applied for:
25
(i) an aviation security identification card; or
26
(ii) a maritime security identification card; or
27
(iii) any other card, licence, permit or authorisation; and
28
(b) before making the application referred to in paragraph (a),
29
the individual was advised by the other person, in accordance
30
with the requirements (if any) specified in the regulations,
31
that a background check was a precondition to the issuing of
32
the card, licence, permit or authorisation.
33
10 Section 13
34
Before "The collection,", insert "(1)".
35
Amend ments Schedule 1
AusCheck Amendment Bill 2009 No. , 2009 5
Note:
The following heading to subsection 13(1) is inserted "Collection, use and disclosure of
1
personal information other than identity verification information ".
2
11 Section 13
3
After "personal information", insert "(other than identity verification
4
information)".
5
12 At the end of paragraph 13(c)
6
Add:
7
; or (iii) that a national security background check has been
8
conducted in relation to a particular individual; or
9
(iv) that an individual who is in possession of a card,
10
licence, permit or other authorisation in relation to
11
which a national security background check has been
12
conducted is the individual to whom the card, licence,
13
permit or authorisation was issued.
14
13 At the end of section 13
15
Add:
16
Collection, use and disclosure of identity verification information
17
(2) The collection, use and disclosure of identity verification
18
information about an individual is taken to be authorised by law for
19
the purposes of the Privacy Act 1988 if:
20
(a) the collection, use or disclosure is directly necessary for the
21
purpose of verifying the identity of an individual in respect of
22
whom a background check is being or has been conducted
23
under the AusCheck scheme; and
24
(b) for a use or disclosure--the information is only used or
25
disclosed to the extent necessary for the purpose mentioned
26
in paragraph (a).
27
14 Subsection 14(2)
28
Repeal the subsection, substitute:
29
(2) AusCheck scheme personal information about an individual may
30
be included in the AusCheck database.
31
Schedule 1 A mendments
6 AusCheck Amendment Bill 2009 No. , 2009
Use and disclosure of AusCheck personal information other than
1
identity verification information
2
(2AA) AusCheck scheme personal information about an individual (other
3
than identity verification information) may be used or disclosed for
4
the following purposes:
5
(a) carrying out a subsequent background check in relation to the
6
individual under the AusCheck scheme;
7
(b) responding to an incident that poses a threat to national
8
security;
9
(c) the collection, correlation, analysis or dissemination of
10
criminal intelligence or security intelligence by the
11
Commonwealth, or by a Commonwealth authority that has
12
functions relating to law enforcement or national security, for
13
purposes relating to law enforcement or national security.
14
Note:
The following heading to subsection 14(1) is inserted "Establishment of AusCheck
15
database".
16
15 Subsection 14(2A)
17
Omit "individual may be", substitute "individual (other than identity
18
verification information) may also be".
19
16 At the end of subsection 14(2A)
20
Add:
21
; or (c) that a national security background check has been
22
conducted in relation to a particular individual; or
23
(d) that an individual who is in possession of a card,
24
licence, permit or other authorisation in relation to
25
which a national security background check has been
26
conducted is the individual to whom the card, licence,
27
permit or authorisation was issued.
28
17 After subsection 14(2A)
29
Insert:
30
Use and disclosure of AusCheck scheme personal information that
31
is identity verification information
32
(2AB) Identity verification information about an individual may be used
33
or disclosed for the purpose of verifying the identity of the
34
Amend ments Schedule 1
AusCheck Amendment Bill 2009 No. , 2009 7
individual if a subsequent background check is being conducted in
1
respect of the individual under the AusCheck scheme.
2
18 Subsection 14(2B)
3
After "(2A)", insert " or (2AB)".
4
19 Subsection 14(3)
5
After "database", insert "(other than identity verification information)".
6