AusCheck Amendment (Global Entry Program) Act 2025

Administered by Department of Home Affairs

Legislation au C2025A00023 In force Act

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AusCheck Amendment (Global Entry Program) Act 2025

No. 23, 2025

 

 

 

 

 

An Act to amend the AusCheck Act 2007, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

AusCheck Act 2007

 

 

 

AusCheck Amendment (Global Entry Program) Act 2025

No. 23, 2025

 

 

 

An Act to amend the AusCheck Act 2007, and for related purposes

[Assented to 27 March 2025]

The Parliament of Australia enacts:

1  Short title

  This Act is the AusCheck Amendment (Global Entry Program) Act 2025.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

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.

28 March 2025

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.

12 December 2025

(F2025N00989)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

AusCheck Act 2007

1  Subsection 4(1) (at the end of the definition of AusCheck scheme personal information)

Add:

 ; or (c) that is obtained before the commencement of Schedule 1 to the AusCheck Amendment (Global Entry Program) Act 2025 by an agency (within the meaning of the Privacy Act 1988) for the purposes of conducting (whether before or after that commencement) a background check in connection with an individual’s participation in the Global Entry program.

2  Subsection 4(1)

Insert:

Defence Force magistrate has the same meaning as in the Defence Force Discipline Act 1982.

Global Entry program means the trusted traveller program of the Government of the United States of America, known as the Global Entry program, that enables expedited immigration and customs clearance for individuals entering the United States of America and that is open to Australian citizens.

Schedule 1A offence has the same meaning as in the Defence Force Discipline Act 1982.

service offence has the same meaning as in the Defence Force Discipline Act 1982.

3  After paragraph 5(ba)

Insert:

 (bb) if the background check is conducted for the purposes of paragraph 8(1)(e)—whether a court martial or a Defence Force magistrate:

 (i) has convicted the individual of a service offence (other than a Schedule 1A offence); or

 (ii) has convicted the individual of a Schedule 1A offence and imposed a punishment of imprisonment on the individual;

4  At the end of subsection 8(1)

Add:

 ; or (e) the check is of an individual in connection with the individual’s participation in the Global Entry program.

5  After section 10AA

Insert:

10AB  Matters covered by AusCheck Scheme—background checks in connection with the Global Entry program

 (1) The AusCheck scheme may, for the purposes of paragraph 8(1)(e), make provision for and in relation to any of the following:

 (a) the making of applications for a background check by the individual to whom the background check relates;

 (b) except for a background check in relation to an individual who has turned 18—either or both of the following:

 (i) consent by a parent or guardian of the individual to whom the background check relates to an application for a background check;

 (ii) the making of applications for a background check on behalf of the individual to whom the background check relates by a parent or guardian of the individual;

 (c) the making of applications for a background check by a person other than the individual to whom the background check relates, with the consent of any one or more of the following:

 (i) the individual;

 (ii) a parent or guardian of the individual;

 (d) the information that is to be contained in an application for a background check;

 (e) the giving to the Secretary of information, relating to an individual in respect of whom a background check is conducted, that is directly necessary for the purpose of conducting the background check;

 (f) the criteria against which a background check is to be assessed;

 (g) the decision or decisions that may be made as a result of a background check;

 (h) the form of advice to be given to an applicant for a background check;

 (i) the form of advice to be given to an individual in respect of whom a background check is conducted;

 (j) the form of advice to be given to other persons about the outcome of a background check.

 (2) The matters referred to in subsection (1) may relate to:

 (a) all background checks to be conducted for the purposes of paragraph 8(1)(e); or

 (b) a specified class of background checks.

6  Application and transitional provisions

AusCheck scheme personal information

(1) The amendment of the definition of AusCheck scheme personal information in subsection 4(1) of the AusCheck Act 2007 made by this Schedule applies in relation to use or disclosure of information by a person after the commencement of this item, whether the person obtains the information before or after that commencement.

(2) Subsection 15(1A) of the AusCheck Act 2007 has effect in relation to personal information that:

 (a) is mentioned in paragraph (c) of the definition of AusCheck scheme personal information in subsection 4(1) of that Act, as amended by this Schedule; and

 (b) is obtained by a person before the commencement of this item;

as if the information were AusCheck scheme personal information at the time the person obtains it.

Service offence checks

(3) Paragraph 5(bb) of the AusCheck Act 2007, as inserted by this Schedule, applies in relation to a conviction that occurs before or after the commencement of this item.

[Minister’s second reading speech made in—

House of Representatives on 10 February 2025

Senate on 25 March 2025]

(16/25)

 

Overview

The AusCheck Amendment (Global Entry Program) Act 2025 was enacted by the Parliament of Australia to address the need for streamlined background checks for Australian citizens participating in the United States' Global Entry Program. This program facilitates expedited immigration and customs clearance for trusted travellers entering the United States. The Act amends the AusCheck Act 2007 to integrate background checks for Global Entry applicants into the existing AusCheck scheme, ensuring that these checks are conducted efficiently and in accordance with Australian standards. The policy objective is to facilitate Australian citizens' participation in the Global Entry program while maintaining the integrity of the background check process. This Act commenced on 28 March 2025, with the remaining provisions to be fixed by proclamation within 12 months or, if not, to commence on 12 December 2025. The amendments involve changes to the definition of AusCheck scheme personal information to include data obtained for Global Entry background checks and the addition of specific provisions to address the conduct of these checks, ensuring compliance with the Defence Force Discipline Act 1982 and other relevant legislation.

Scope and Application

The AusCheck Amendment (Global Entry Program) Act 2025 amends the AusCheck Act 2007 to incorporate provisions for conducting background checks for Australian citizens participating in the United States Global Entry program. This Act applies to individuals who seek to participate in the Global Entry program, including minors, and to persons conducting background checks, such as Defence Force magistrates or other designated authorities. The geographic scope of the Act is national, as it pertains to Australian citizens participating in a program administered by the United States government. The Act's provisions commence on two separate dates: Sections 1 to 3 and any other unspecified provisions took effect on 28 March 2025, while the amendments outlined in Schedule 1 are to be proclaimed to commence on a date within 12 months of Royal Assent or, if not proclaimed within this period, will commence on the day after the end of the 12-month period, with a default commencement date of 12 December 2025. The Act extends the definition of "AusCheck scheme personal information" to include information obtained before the commencement of Schedule 1 for the purpose of a background check related to the Global Entry program, thereby ensuring that such information is subject to the protections and requirements of the AusCheck Act 2007 from the point of collection. The Act also introduces new criteria for background checks, specifically pertaining to convictions of service offences, and specifies that the AusCheck scheme can make provisions for various aspects of background checks related to the Global Entry program.

Key Provisions

The AusCheck Amendment (Global Entry Program) Act 2025 amends the AusCheck Act 2007, introducing provisions specifically for background checks related to Australian citizens participating in the Global Entry program. Section 1 of this Act specifies that it is the AusCheck Amendment (Global Entry Program) Act 2025, and Section 2 details the commencement of its provisions. Sections 1 to 3 and other unspecified provisions commence on 28 March 2025, the day after the Act receives Royal Assent. Schedule 1, which details the amendments, will commence on a date fixed by Proclamation, but no later than 12 December 2025. The Act imposes specific obligations on parties involved in the AusCheck scheme, particularly regarding background checks for the Global Entry program. Subsection 4(1) of the AusCheck Act 2007 is amended to redefine "AusCheck scheme personal information" to include information obtained before the commencement of Schedule 1 for background checks related to the Global Entry program. Additionally, the Act introduces new definitions for terms such as "Global Entry program" and "Defence Force magistrate." Under the amended subsection 8(1), background checks will be conducted for various purposes, including to determine whether an individual has been convicted of a service offence or a Schedule 1A offence. Subsection 10AB of the AusCheck Act 2025 outlines the matters the AusCheck scheme may cover when conducting background checks for the Global Entry program, including application processes, consent requirements, and the criteria for assessing these checks. Breaches of the provisions in the amended Act can result in civil or criminal consequences. While the specific penalties are not detailed in the Act, the Defence Force Discipline Act 1982, which provides definitions for terms such as "offence" and "service offence," suggests that penalties for related offences could include fines or imprisonment. The severity of the penalties would depend on the nature and gravity of the breach, as outlined in the relevant legislation. The Act does not specify maximum penalties but implies that the penalties would align with those set out in other related Acts, which could include substantial fines and imprisonment terms.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.