AusCheck (Background Checks—International Cricket Council Twenty20 Cricket World Cup) Declaration 2019

Overview

The AusCheck (Background Checks—International Cricket Council Twenty20 Cricket World Cup) Declaration 2019, enacted on 8 November 2019, was introduced to address the need for stringent background checks for individuals involved in the accreditation of Major National Events (MNE) in relation to the International Cricket Council Twenty20 Cricket World Cup 2020. This declaration was made by Peter Dutton, the Minister for Home Affairs, under section 21F of the AusCheck Regulations 2017. The policy objective is to ensure that individuals associated with the event meet specific security criteria, specifically through the evaluation of information related to terrorism offences, serious violent offences, and for individuals aged 18 and over, child-related offences, as outlined in the AusCheck Act 2007. Additionally, for the assessment of information concerning terrorism offences, the requirement includes an electronic identity verification check. This declaration underscores the government's commitment to safeguarding the integrity and security of significant national events by implementing rigorous background checks.

Scope and Application

The LIN 19/272 AusCheck (Background Checks—International Cricket Council Twenty20 Cricket World Cup) Declaration 2019 applies to individuals involved in the accreditation process for Major National Events (MNE) related to the International Cricket Council Twenty20 Cricket World Cup 2020. This includes persons responsible for ensuring compliance with the Act's requirements concerning background checks. The geographic reach of this declaration is national, extending across all jurisdictions in Australia, as it pertains to a major event of national interest. The Act mandates that the background checks must include assessments of specified matters, such as criminal history, national security risks, and terrorist affiliations, with a specific requirement for electronic identity verification checks for one of these assessments. The Act applies to any person at least 18 years of age in connection with the accreditation for this particular event. Any exemptions or thresholds are not specified within the text of the declaration, and any further application details or extensions are to be found in the subordinate AusCheck Regulations 2017.

Key Provisions

The primary operative sections of the AusCheck (Background Checks—International Cricket Council Twenty20 Cricket World Cup) Declaration 2019 (section 2) require that background checks for individuals associated with the accreditation of major national events (MNEs) for the International Cricket Council Twenty20 Cricket World Cup 2020 include specific assessments. For individuals at least 18 years old, the checks must cover matters outlined in paragraphs 5(a), (b) and (d) of the AusCheck Act 2007 (section 2(a)). The Act mandates that for the assessment of information relating to the matter in paragraph 5(d), an electronic identity verification check must be conducted (section 2(b)). The obligations imposed by this declaration are specific to the background checks required for individuals in connection with the MNE accreditation for the specified cricket world cup. According to the Act, these checks must evaluate information relating to terrorism-related matters, serious criminal conduct, and other relevant activities (section 2(a)). The declaration also specifies that for assessing information relating to terrorism-related matters, an electronic identity verification check must be performed (section 2(b)). These obligations ensure that the individuals involved in the accreditation process for this significant sporting event undergo thorough scrutiny to mitigate potential risks. The declaration includes provisions for potential breaches and associated consequences. While specific offences and penalties are not detailed in the declaration itself, breaches of the requirements stipulated under the AusCheck Act 2007 could lead to civil or criminal liabilities. The Act may impose penalties for non-compliance, which could include fines or imprisonment, depending on the severity of the breach. The exact penalties would be determined based on the specific provisions of the AusCheck Act 2007 and any relevant case law or guidelines. It is crucial for entities and individuals subject to these requirements to adhere strictly to the declared obligations to avoid any legal repercussions.