Aviation Security Identification Cards (ASICs)
What is the definition of an adverse criminal record?
A person has an adverse criminal record if the person has been convicted of:
an aviation-security-relevant offence and sentenced to imprisonment; or
two or more aviation-security-relevant offences (with no imprisonment) one of which was received within 12 months of the criminal history check.
What is an aviation-security-relevant offence?
Only aviation security relevant offences are considered in determining whether a person has an adverse criminal record. An aviation-security-relevant offence is defined under Regulation 6.01 of the Aviation Transport Security Regulations 2005 to mean an offence of a kind mentioned in the following table against a law of the Commonwealth, or of a State or Territory, or of any other country or part of a country:
1. An offence involving dishonesty
2. An offence involving violence or a threat of violence
3. An offence involving intentional damage to property or a threat of damage to property
4. An offence constituted by the production, possession, supply, import or export of a substance that is:
a narcotic substance within the meaning of the Customs Act 1901; or
a drug, within the meaning of:
regulation 10 of the Customs (Prohibited Exports) Regulations 1958; or
regulation 5 of the Customs (Prohibited Imports) Regulations 1956.
5. An offence, of a kind dealt with in Part II of the Crimes Act 1914, against the Government of:
the Commonwealth or a State or Territory; or
a country or part of a country other than Australia.
6. An offence against Part 2 of the Crimes (Aviation) Act 1991
7. An offence against Part 5.3 of the Criminal Code
8. An offence constituted by the production, possession, supply, import or export of explosives or explosive devices