Purpose and structure of the Bill

The purpose of the AusCheck Amendment (Global Entry Program) Bill 2025 (the Bill) is to amend the AusCheck Act 2007 to establish the legislative framework required to meet Australia’s participation in the United States’ (US) Global Entry Program (GEP). The framework will authorise AusCheck, the Commonwealth entity that provides background checking for certain sensitive purposes, to undertake background checks on Australian travellers for the purpose of such travellers participating in the GEP. Participation in the GEP would provide expedited immigration and customs clearance for Australian travellers entering the US.

The Bill is structured as a single Schedule of amendments to the AusCheck Act which:

• expands the definition of AusCheck scheme personal information to include information obtained for the purposes of conducting GEP background checks (item 1)
• introduces key definitions including Global Entry program (item 2)
• amends the existing definition of background check by establishing a new class of assessable information for GEP background check purposes, being whether a court martial or Defence Force magistrate has convicted a GEP applicant of certain military offences (item 3) and
• includes the matters which the AusCheck Regulations 2017 (the Regulations) will require to be considered for a GEP background check (items 4 and 5).

Background

The GEP is a trusted traveller initiative administered by the United States (US) Customs and Border Protection (USCBP) that requires participating countries to conduct rigorous background checks on their citizens (persons who are deemed ‘low-risk travellers’ to the US) who apply for the GEP to expedite their travel to the US. GEP members enjoy expedited immigration processing, which includes reduced wait times, no paperwork or processing lines, Transportation Security Administration (TSA) PreCheck eligibility and greater convenience for frequent travellers.

According to the USCBP, one will be ineligible for GEP participation if they:

• Provide false or incomplete information on the application;
• Have been convicted of any criminal offense or have pending criminal charges or outstanding warrants (to include driving under the influence);
• Have been found in violation of any customs, immigration or agriculture regulations or laws in any country;
• Are the subject of an ongoing investigation by any federal, state or local law enforcement agency;
• Have been denied for the purchase of a firearm;
• Are inadmissible to the United States under immigration regulation, including applicants with approved waivers of inadmissibility or parole documentation; or
• Cannot satisfy CBP of low-risk status.

For Australia to join the program, Australia and the US signed an information-sharing arrangement in August 2024, enabling the necessary background checks and data exchange for Australian applicants.

Australia initially implemented a limited phase (phase 1) capped at 1,000 applicants from January 2025. Eligible applicants must have travelled to the US at least 5 times in the 12 months prior to their GEP application. The Department of Home Affairs coordinates the background check for GEP applicants, including a criminal history assessment using information collected by the Australian Criminal Intelligence Commission and an ADF service offence history check.

The Bill will support phase 2 in the second half of 2025, which will open participation to an uncapped number of Australian applicants. The GEP is not a reciprocal agreement, meaning Australia’s participation in the GEP does not grant equivalent benefits to US citizens travelling to Australia.

The GEP background check requirements will be incorporated into the AusCheck Act and the Regulations. For context, the AusCheck Act and the Regulations establish a regulatory framework for conducting background checks within Australia’s aviation, maritime and critical infrastructure sectors, and for major national events. Operating on a cost-recovery basis and administered by the Department of Home Affairs, the AusCheck background checking services ensure the security of these sensitive areas. The AusCheck Act authorises the collection, use and disclosure of personal information for the purpose of assessing individuals’ suitability for roles requiring access to secure zones. However, neither the AusCheck Act or Regulations currently extend to background checks for international travel programs like the GEP.

If the Bill is passed, the Regulations will be amended to include specific details that are relevant to the GEP background check process.

Policy position of non-government parties/independents

The Bill has bipartisan support. Mr Andrew Hastie (Liberal Party of Australia) states:

We support the policy intent of this bill. Very simply, we want Australians to have a better experience at the other end of their journey to the United States with expedited entry through Customs in the United States. Streamlined travel arrangements will benefit frequent travellers to the United States and promote better business linkages and people-to-people links.

Key issues and provisions

Extending the definition of ‘AusCheck scheme personal information’

The Bill expands the definition of AusCheck scheme personal information to encompass data collected for GEP background checks that is obtained prior to the commencement of Schedule 1 of the Bill (item 1). This ensures that such information is protected under section 15 of the AusCheck Act and permits its use and disclosure in accordance with section 14.

The application and transitional provisions (item 6) ensure that the amendment in item 1 applies to the use and disclosure of information obtained by relevant persons, whether such information was obtained before or after commencement of the Bill. Subitem 6(2) provides that a person who obtains information relevant to a GEP background check prior to commencement of the Bill but discloses it after commencement may commit the offence outlined in section 15(1A) (which regulates the protection of information under the AusCheck scheme). This will clarify that information obtained for GEP Phase One purposes, despite occurring without the Bill’s passage, will be given the information protection provided for in the Act.

Inclusion of certain Defence Force convictions in background checks

The Bill introduces the requirement for a GEP background check to consider whether a court martial or Defence Force magistrate has convicted an individual of certain offences in the Defence Force Discipline Act 1982 (DFD Act) (item 3). The relevant convictions are any convictions for service offences (being offences prescribed in the DFD Act, or ancillary offences); or convictions for Schedule 1A offences (such as absence from duty, disobeying a lawful command, or intoxication while on duty) which resulted in a term of imprisonment being imposed. This inclusion ensures that those convictions are considered when evaluating an individual’s GEP eligibility.

Subitem 6(3) clarifies that convictions to be considered for GEP eligibility include relevant convictions that occur before or after commencement of the Bill.

Introduction of a new regulatory framework for background checks

Proposed section 10AB (item 5) establishes a detailed framework for matters which can be included in the Regulations for the purposes of GEP background checks. Information that may be included in regulations made for GEP background check purposes includes application procedures, information required in an application, assessment criteria, and the form of advice provided on a background check’s outcome. Background checks for children under the age of 18 will require parental consent and/or will need to be made by a parent or guardian on the child’s behalf (proposed paragraph 10AB(1)(b)).