AusCheck Amendment (Global Entry Program) Bill 2025

High-Level Summary
The bill proposes to amend the AusCheck Act 2007 to establish a framework for fulfilling Australia's background checking obligations for Australian citizens participating in the United States' Global Entry Program (GEP). This will allow pre-approved, low-risk Australian travellers expedited immigration and customs clearance when entering the USA.

Summary
The AusCheck Amendment (Global Entry Program) Bill 2025 amends the AusCheck Act 2007 to expand the regulation-making powers in section 8, enabling the AusCheck scheme to include background checks for the Global Entry Program (GEP). From the explanatory memo:
The Bill inserts new definitions in subsection 4(1) of the Act to support GEP background checks and amends the definition of 'background check' in section 5 to include certain offences under the Defence Force Discipline Act 1982. It also introduces new section 10AB to dictate the regulatory framework for background checks conducted for the GEP.
The bill facilitates phase two of the GEP implementation, allowing an uncapped number of Australian applicants. It mandates that the Australian government conduct annual background checks during an individual's participation in the GEP, with costs to be recovered from applicants.

Argument For
Normative Bases
  1. National Prestige/Patriotism
  2. Pro-Democracy

The bill enhances Australia's global standing by aligning with an established U.S. program, bolstering diplomatic relations between the two nations. Participation in the GEP aligns with ensuring that Australians have the same expedited travel privileges as citizens from other countries, promoting fairness and equality in international travel. Moreover, the program can facilitate economic benefits by encouraging travel and trade through more efficient travel processes [Judgment].

Further, establishing a robust framework for background checks under the GEP underscores Australia's commitment to security and international collaboration, reinforcing our national security and global participation standards.


Argument Against
Normative Bases
  1. Non-Discrimination
  2. Propertarianism

While the GEP offers benefits, the bill may inadvertently lead to privacy concerns due to the extensive background checks required. This could disproportionately affect individuals who are uncomfortable with such scrutiny or cannot afford the associated costs, potentially creating a barrier based on socio-economic status [Judgment].

Additionally, the program is not reciprocal, providing no equivalent benefit to U.S. citizens traveling to Australia. This could be perceived as an imbalance in diplomatic agreements, where Australia bears the administrative burden without reciprocal benefits.


Date:

2025-02-10

Status:

Passed Both Houses

Sponsor:

Unspecified

Portfolio:

Home Affairs

Categories:

Civics, National Security, Trade Policy

Timeline:
10/02/2025
26/03/2025

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