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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024-2025
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
AusCheck Amendment (Global Entry
Program) Bill 2025
No. , 2025
(Home Affairs)
A Bill for an Act to amend the
AusCheck Act 2007
,
and for related purposes
No. , 2025
AusCheck Amendment (Global Entry Program) Bill 2025
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Amendments
3
AusCheck Act 2007
3
No. , 2025
AusCheck Amendment (Global Entry Program) Bill 2025
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 is the
AusCheck Amendment (Global Entry Program) Act
5
2025
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
AusCheck Amendment (Global Entry Program) Bill 2025
No. , 2025
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2025
AusCheck Amendment (Global Entry Program) Bill 2025
3
Schedule
1--Amendments
1
2
AusCheck Act 2007
3
1 Subsection 4(1) (at the end of the definition of
AusCheck
4
scheme personal information
)
5
Add:
6
; or (c) that is obtained before the commencement of Schedule 1 to
7
the
AusCheck Amendment (Global Entry Program) Act 2025
8
by an agency (within the meaning of the
Privacy Act 1988
)
9
for the purposes of conducting (whether before or after that
10
commencement) a background check in connection with an
11
individual's participation in the Global Entry
program.
12
2 Subsection 4(1)
13
Insert:
14
Defence Force magistrate
has the same meaning as in the
Defence
15
Force Discipline Act 1982
.
16
Global Entry program
means the trusted traveller program of the
17
Government of the United States of America, known as the Global
18
Entry program, that enables expedited immigration and customs
19
clearance for individuals entering the United States of America and
20
that is open to Australian citizens.
21
Schedule 1A offence
has the same meaning as in the
Defence
22
Force Discipline Act 1982
.
23
service offence
has the same meaning as in the
Defence Force
24
Discipline Act 1982
.
25
3 After paragraph 5(ba)
26
Insert:
27
(bb) if the background check is conducted for the purposes of
28
paragraph 8(1)(e)
--
whether a court martial or a Defence
29
Force magistrate:
30
(i) has convicted the individual of a service offence (other
31
than a Schedule 1A offence); or
32
Schedule 1
Amendments
4
AusCheck Amendment (Global Entry Program) Bill 2025
No. , 2025
(ii) has convicted the individual of a Schedule 1A offence
1
and imposed a punishment of imprisonment on the
2
individual;
3
4 At the end of subsection 8(1)
4
Add:
5
; or (e) the check is of an individual in connection with the
6
individual's
participation in the Global Entry program.
7
5 After section 10AA
8
Insert:
9
10AB Matters covered by AusCheck Scheme
--
background checks
10
in connection with the Global Entry program
11
(1) The AusCheck scheme may, for the purposes of paragraph 8(1)(e),
12
make provision for and in relation to any of the following:
13
(a) the making of applications for a background check by the
14
individual to whom the background check relates;
15
(b) except for a background check in relation to an individual
16
who has turned 18
--
either or both of the following:
17
(i) consent by a parent or guardian of the individual to
18
whom the background check relates to an application
19
for a background check;
20
(ii) the making of applications for a background check on
21
behalf of the individual to whom the background check
22
relates by a parent or guardian of the individual;
23
(c) the making of applications for a background check by a
24
person other than the individual to whom the background
25
check relates, with the consent of any one or more of the
26
following:
27
(i) the individual;
28
(ii) a parent or guardian of the individual;
29
(d) the information that is to be contained in an application for a
30
background check;
31
(e) the giving to the Secretary of information, relating to an
32
individual in respect of whom a background check is
33
conducted, that is directly necessary for the purpose of
34
conducting the background check;
35
Amendments
Schedule 1
No. , 2025
AusCheck Amendment (Global Entry Program) Bill 2025
5
(f) the criteria against which a background check is to be
1
assessed;
2
(g) the decision or decisions that may be made as a result of a
3
background check;
4
(h) the form of advice to be given to an applicant for a
5
background check;
6
(i) the form of advice to be given to an individual in respect of
7
whom a background check is conducted;
8
(j) the form of advice to be given to other persons about the
9
outcome of a background check.
10
(2) The matters referred to in subsection (1) may relate to:
11
(a) all background checks to be conducted for the purposes of
12
paragraph 8(1)(e); or
13
(b) a specified class of background checks.
14
6 Application and transitional provisions
15
AusCheck scheme personal information
16
(1)
The amendment of the definition of
AusCheck scheme personal
17
information
in subsection 4(1) of the
AusCheck Act 2007
made by this
18
Schedule applies in relation to use or disclosure of information by a
19
person after the commencement of this item, whether the person obtains
20
the information before or after that commencement.
21
(2)
Subsection 15(1A) of the
AusCheck Act 2007
has effect in relation to
22
personal information that:
23
(a) is mentioned in paragraph (c) of the definition of
AusCheck
24
scheme personal information
in subsection 4(1) of that Act,
25
as amended by this Schedule; and
26
(b) is obtained by a person before the commencement of this
27
item;
28
as if the information were AusCheck scheme personal information at
29
the time the person obtains it.
30
Service offence checks
31
(3)
Paragraph 5(bb) of the
AusCheck Act 2007
, as inserted by this Schedule,
32
applies in relation to a conviction that occurs before or after the
33
commencement of this item.
34
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