Sussan Ley (Farrer, Liberal Party, Shadow Minister for Justice and Customs) Share this | Link to this | Hansard source

I am pleased to speak on theAusCheck Amendment Bill 2009, which seeks to amend the AusCheck Act 2007. Its main purpose is to provide the capacity for background checks to be carried out under this act for national security purposes. The current act allows background checks only for the purposes of the Aviation Transport Security Act and the Maritime Transport and Offshore Facilities Security Act.

I will refer briefly to the operative provision of the act that this bill amends, which says:

The regulations may provide for the establishment of a scheme (the AusCheck scheme) relating to the conduct and coordination of background checks of individuals, and the verification of documents.

As I said, the act specifies it is for the purposes of the Aviation Transport Security Act and the Maritime Transport and Offshore Facilities Security Act. This amendment bill will include other purposes. They are: Australia’s national security, the defence of Australia, a national emergency, the prevention of conduct to which part 5.3 of chapter 5 of the Criminal Code applies, and the executive power of the Commonwealth or matters incidental to the execution of any of the legislative powers of the parliament or the executive power of the Commonwealth. I will return to those subparagraphs, as concerns have been raised with me about their broad application and I have done some research to ascertain whether the broad measures associated with the identification cards, which this amendment bill relates to, are infringing on civil liberties. I am confident that we are not.

This bill also includes amendments to the provisions that give authority for AusCheck to provide an online verification service. That, too, is new. The online verification service is currently restricted to verifying aviation security identification cards, ASICs, and maritime security identification cards, MSICs. With the addition of a national security background check capacity, this authority is accordingly expanded so that an online verification service may be used to verify other types of cards or licences that may be issued to indicate that a person has undergone a national security background check. An example of an area in which this amendment may be needed is the health department. An area of the health department may need to conduct national security checks for those working with security sensitive biological agents such as anthrax. With amendments to the AusCheck Act, legislation could be introduced to require national security background checks on those that transport these biological agents or work with them in labs. That is not this legislation; it will be additional enabling legislation. Another potential example would be the need to do background checks on people who work with radiological materials or hazardous chemicals such as urea, which is something that you can only buy under licence and strict conditions.

In 2005, under the former coalition government, a centralised background checking service was established in the A-G’s Department.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Order! It being 2 pm, the debate is interrupted in accordance with standing order 97. The debate may be resumed at a later hour and the member will have leave to continue speaking when the debate is resumed.