Bill returned from the Senate with amendments.

Ordered that the amendments be considered immediately.

Senate’s amendments—

(1)    Clause 4, page 2 (line 7) to page 3 (line 4), insert:

aviation security identification card means an identification card issued under the Aviation Transport Security Act 2004 or regulations under that Act.

Commonwealth authority means a body corporate established for a public purpose by or under a law of the Commonwealth.

maritime security identification card means an identification card issued under the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act.

(2)    Clause 4, page 2 (line 8), before “In”, insert “(1)”.

(3)    Clause 4, page 3 (after line 4), at the end of the clause, add:

        (2)    To avoid doubt:

personal information, in relation to an individual, includes the following:

             (a)    the number of an aviation security identification card or a maritime security identification card issued to the individual;

             (b)    a photograph of the individual that appears on an aviation security identification card or a maritime security identification card issued to the individual.

(4)    Clause 5, page 3 (line 14), omit paragraph (d), substitute:

             (d)    verification checks of documents relating to the identity of the individual.

(5)    Clause 8, page 4 (line 4) to page 6 (line 2), omit the clause, substitute:

8  Establishment of AusCheck scheme

                 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:

             (a)    for the purposes of the Aviation Transport Security Act 2004 or regulations under that Act; and

             (b)    for the purposes of the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act.

(6)    Clause 9, page 6 (line 23), at the end of subclause (1), add:

            ; (i)    matters relating to the establishment and provision of an online verification service that will enable verification:

                   (i)    that an aviation security identification card or a maritime security identification card has been issued to a particular individual and is in effect at a particular time; or

                  (ii)    that an individual who is in possession of an aviation security identification card or a maritime security identification card is the person to whom the card was issued.

(7)    Clause 10, page 7 (lines 1 to 16), omit the clause.

(8)    Clause 13, page 9 (line 9), after “purposes”, insert “directly”.

(9)    Clause 13, page 9 (line 15), at the end of the clause, add:

      ; or (c)    the collection, use or disclosure is for the purposes of providing an online verification service that will enable verification:

                   (i)    that an aviation security identification card or a maritime security identification card has been issued to a particular individual and is in effect at a particular time; or

                  (ii)    that an individual who is in possession of an aviation security identification card or a maritime security identification card is the person to whom the card was issued.

(10)  Clause 14, page 9 (lines 27 and 28), omit subparagraph (2)(b)(iii), substitute:

                 (iii)    the collection, correlation, analysis or dissemination of criminal intelligence or security intelligence by the Commonwealth, or by a Commonwealth authority that has functions relating to law enforcement or national security, for purposes relating to law enforcement or national security.

(11)  Clause 14, page 9 (after line 28), after subclause (2), insert:

     (2A)    AusCheck scheme personal information about an individual may be used or disclosed for the purpose of verifying:

             (a)    that an aviation security identification card or a maritime security identification card has been issued to a particular individual and is in effect at a particular time; or

             (b)    that an individual who is in possession of such an identification card is the person to whom the card was issued.

      (2B)    AusCheck scheme personal information used or disclosed for the purpose mentioned in subsection (2A) must be limited to personal information of a kind directly necessary for that purpose, and must only be used or disclosed to the extent necessary for that purpose.

(12)  Clause 17, page 14 (line 5), before “The”, insert “(1)”.

(13) Clause 17, page 14 (after line 6), at the end of the clause, add:

        (2)    If the operation of this section would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

        (3)    If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

        (4)    In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

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