Chapter 1Introduction and key issues
1.1On 13 February 2025, the Senate referred the provisions of the AusCheck Amendment (Global Entry Program) Bill 2025 (the bill) to the Legal and Constitutional Affairs Legislation Committee (the committee) for inquiry and report by 21 March 2025.
1.2The referral of the bill followed a recommendation of the Senate Standing Committee for the Selection of Bills. The report stated that an inquiry was required to allow for scrutiny of the legislation.
Conduct of the inquiry and acknowledgement
1.3The committee advertised the inquiry on its website and invited organisations and individuals to make submissions by 28 February 2025. The committee received three submissions, which are listed at Appendix 1. The committee thanks the Department of Home Affairs (Home Affairs), the Department of Foreign Affairs and Trade (DFAT), and the American Australian Association for their submissions.
Structure of the report
1.4The report comprises one chapter that outlines the background to the inquiry, provides an overview of the bill, discusses the key issues raised by submitters, and sets out the committee's views and recommendations.
Purpose of the bill
1.5The bill would amend the AusCheck Act 2007 (AusCheck Act) to establish the legislative basis for the fulfillment of Australia's background checking obligations under the United States of America's Global Entry program (GEP).
Background
AusCheck
1.6AusCheck was established to conduct background checks on people applying for unsupervised access to security-sensitive critical infrastructure in Australia. AusCheck is part of the Cyber and Infrastructure Security Centre within Home Affairs. Its 'services support the Centre's mission to create a safer Australia by protecting critical infrastructure from trusted and malicious-insider risks such as cyber-attacks, terrorism and organised crime'.
1.7The Hon Matt Thistlethwaite MP, Assistant Minister for Immigration, discussed the appropriateness of using AusCheck for the purpose of doing background checks on Australian citizens who wish to apply for the GEP. He stated:
AusCheck, situated within the Department of Home Affairs, has a long history of providing background checks for various national security related background-checking programs. It has well-established controls and processes, and the expertise and experience necessary to undertake background checks for the high volume of applicants expected to apply for the Global Entry program.
1.8AusCheck uses a secure system that would restrict access to information only to those entities required for conducting the background check. Mr Thistlethwaite explained:
Background checks are managed through a cybersecure system, which limits unauthorised access to applicants' information. The system features integration with checking partners to ensure a secure and efficient end-to-end process for assessing applications. Utilising the existing AusCheck framework will provide a streamlined background checking process for Australian Global Entry program applicants.
1.9The personal information provided by Australians applying for the GEP would also be protected by AusCheck:
Personal information collected by AusCheck as part of undertaking background checks for Global Entry program applicants will be subject to existing information handling protections as set out in the AusCheck Act. This will safeguard the personal information of all Australian applicants regardless of when they submitted their application.
Global Entry program
1.10The GEP is administered by the United States Customs and Border Protection (USCBP) agency. It'allows expedited clearance for pre-approved, low-risk travellers upon arrival in the United States'. To become a member of the GEP, applicants from participating countries must 'undergo a rigorous background check and in-person interview before enrolment'.
1.11US agencies determine whether an individual is eligible for the GEP. The Explanatory Memorandum (EM) states that if the US approves an applicant for the GEP, 'the Australian Government will be required to conduct periodic annual background checks on the participant during their five-year term in the program'.
1.12Once a member of the GEP arrives at an appropriately equipped airport in the US, they may:
…proceed to the Global Entry lanes where processing technology will be used to expedite the members by capturing a photo to verify their membership. Once the photo has been captured, the member will receive on-screen instructions and proceed to a CBP officer who will confirm that you have successfully completed the process.
1.13The benefits of the GEP include:
no processing lines;
reduced paperwork;
access to faster entry;
availability at major US airports;
reduced wait times; and
eligibility for the US Transportation Security Administration Pre-Check.
1.14While the GEP would grant Australian travellers to the US with access to expedited immigration and customs channels:
Australian citizens accepted into the GEP are still required to meet any visa (or other immigration) requirements imposed by the United States. The GEP is not a reciprocal program between Australia and the USA. Australia's participation in the program does not provide any equivalent benefit for USA citizens traveling to, or arriving in, Australia.
1.15On 6 August 2024, Senator the Hon Penny Wong, Minister for Foreign Affairs, and the Hon Tony Burke MP, Minister for Home Affairs, announced that 'Australia will join the United States' Global Entry program from 2025'. By joining that program, travel would be made 'easier for the hundreds of thousands of Australians who visit the US every year'.
1.16On 17 January 2025, USCBP announced:
…Australia is now an official Global Entry partner country, marking a significant step in strengthening travel and security collaboration between the two nations, and making Australia one of 19 partner countries whose citizens can apply for Global Entry membership.
1.17USCBP highlighted the benefits the GEP would have for both the US and Australia:
Global Entry partnerships enhance security and promote bilateral trade, tourism, and cultural exchange by allowing pre-vetted, low-risk Australian citizens expedited customs and immigration processing upon arrival to the United States.
1.18The EM highlights the closeness of the US-Australia bilateral relationship:
Australia and the United States of America (USA) have an important and longstanding relationship built upon strong diplomatic, security, economic and peer-to-peer relationships. As a result, significant numbers of Australian citizens travel annually to the USA and its territories. Currently, Australian citizens entering the USA generally have no means of accessing expedited customs clearance, a benefit available to citizens of other nations under the GEP.
1.19In his second reading speech, the Hon. Matt Thistlethwaite MP, Assistant Minister for Immigration, also reflected on the role of citizens in maintaining the close relationship between Australia and the US. That relationship:
…is built on strong people-to-people links, based on common values and our deep historical and cultural bonds. A significant number of Australian citizens travel annually to the United States and its territories, including tourists, students, professional workers, temporary business travellers and working holiday-makers.
Structure of the bill
1.20The bill contains one schedule of amendments to the AusCheck Act. TheAusCheck Act allows for background checks to be conducted on individuals for a specific range of purposes. The amendments would allow for a background check to be conducted on an individual who has consented to participate in the GEP.
1.21The EM states that the bill would enable those background checks to be operationalised through the AusCheck Regulations 2017 (AusCheck Regulations). Any regulations made for the purposes of the GEP would be constrained by provisions in the bill.
1.22The bill would allow individuals to apply for a background check for the purpose of participating in the GEP. If the applicant is under the age of 18, they would require consent from their parent or guardian prior to the background check being conducted. Applications would also be able to be made on behalf of someone else provided that the applicant obtains consent from them or their legal guardian prior to making the application.
1.23The EM indicates that the purpose of these provisions is to ensure that applications for the GEP can be made on behalf of someone who, for example, is not able to independently apply for the program. For example, the provisions would allow someone to apply for the GEP on behalf of a disabled person who is not able to independently complete the application process.
1.24The bill would also enable the AusCheck Regulations to be amended for the purposes of the GEP to include the:
information that may be contained in the application for a background check;
information about the individual subject to the background check that is provided to the Secretary;
criteria against which a background check is assessed;
decisions that may be made as a result of the background check;
form of advice to be provided to the applicant and the subject of the background check; and
form of advice to be provided to other persons about the outcome of the background check.
1.25To be approved for participation in the GEP, an individual must be assessed 'for criminal convictions'. For individuals with service in a defence force, the USCBP requires participating countries to conduct background checks on current and former military personnel. To meet that requirement, the bill would amend the AusCheck Act to allow for background checks to ascertain whether current or former members of the Australian Defence Force who have applied for the GEP have been convicted of a service offence or Schedule 1A offence by a Defence Force magistrate under the Defence Force Discipline Act 1982.
1.26The EM suggests that the other persons who would be advised about the outcome of the background check associated with a GEP application would be the Government of the United States of America.
1.27Home Affairs confirmed that USCBP would only be informed about:
…whether the applicant has been found eligible or not eligible, based on the criteria set by the USCBP. No further detail about the background check that has been conducted will be shared between the US and Australia. Thisfollows the agreement between the US and Australia to share only a minimum amount of information necessary to satisfy the US of the applicant's eligibility.
1.28The EM indicates there would be no new expenditure associated with the bill. The ongoing costs arising from the background checks conducted by AusCheck for the GEP would be 'recovered from applicants'. The cost for individuals who apply for the GEP 'is still to be determined'.
Key issues
1.29Both submissions to the inquiry supported the amendments contained in the bill as:
the GEP would improve the experience of Australians travelling to the US; and
AusCheck would be an appropriate system to meet the background check requirements for participation in the GEP.
Improvements to the experience of Australians travelling to the United States
1.30Home Affairs and DFAT agreed that the GEP would improve the experience of Australians travelling to the US by giving them access to an expedited customs clearing process.
1.31Home Affairs reflected on how joining the GEP would improve the experience of Australians travelling to the US:
Australia and the United States have an important and longstanding relationship built upon strong diplomatic, security, economic and peer-to-peer relationships. As a result, significant numbers of Australian citizens travel annually to the US and its territories. Currently, Australian citizens entering the US generally have no means of accessing expedited customs clearance, a benefit available to citizens of other nations under the GEP. Citizens of the US and some eighteen other partner countries are eligible to apply for membership in the GEP.
1.32DFAT argued that passage of the bill 'will make it easier to foster greater commercial ties with Australia's most significant partner and deepen people-to-people links'.
1.33DFAT indicated that there has been early support for the GEP among the Australian public:
Australia is taking a phased approach to participation, with access initially available to a limited number of Australians who have travelled five times or more in the past year to the United States. Phase one of Australia's participation commenced on 17 January 2025, allowing GEP participation for up to 1000 pre-approved Australian travellers to the United States. Phase one participation is expected to be fully subscribed.
1.34Home Affairs similarly expected the phase one allocation of GEP places 'to be exhausted within six weeks from date of commencement'.
1.35Phase two of the program will commence after passage of the bill. That phase 'will be uncapped, and applicants will not be required to have travelled to the US five or more times in the preceding 12 months'.
Appropriateness of AusCheck for meeting background check obligations
1.36Home Affairs advised that AusCheck is the appropriate entity to facilitate the background checking obligations of the GEP as it:
…has a long history of providing background checks for various national security related background checking programs. It has well-established controls and processes in place, and the expertise and experience necessary to undertake background checks for the high volume of applicants expected to apply for the GEP.
1.37Personal data provided to AusCheck is kept secure as its 'cyber-secure system…limits unauthorised access to applicants' information'. The data provided to AusCheck for the purposes of:
…the GEP will be stored separately to all other AusCheck scheme information, information cannot be transferred across schemes. Like all AusCheck schemes, GEP information will be held securely by the department with access permitted on a need-to-know basis and only by authorised personnel.
1.38Home Affairs advised that the AusCheck Act contains 'stringent safeguards' that regulate the use and disclosure of personal information. Information provided to AusCheck is also subject to 'broader protections offered by the Privacy Act 1988'.
Committee view
1.39The AusCheck Amendment (Global Entry Program) Bill 2025 would amend the AusCheck Act 2007 to establish the legislative basis for the fulfillment of Australia's background checking obligations under the United States of America's Global Entry Program.
1.40Participation in the Global Entry Program will provide Australian travellers who have successfully registered with the program with expedited entry into the United States upon arrival.
1.41The first phase of the Global Entry Program will provide up to 1000 Australians with access to an expedited customs clearance process upon arrival in the United States. Evidence indicated that public demand for that first phase has been very strong.
1.42AusCheck is an appropriate system to conduct the background checks required to participate in the Global Entry Program. It has a long history of providing background checks, has well-established controls and processes, and strong safeguards to protect personal information.
1.43The committee agrees that the amendments would enable AusCheck to undertake the necessary background checks to provide Australians with access to the Global Entry Program. Membership of that program would give Australians the option to access an expedited customs clearance process upon arrival in the US. Joining 18 other countries in participating in the Global Entry Program would improve the people-to-people connections between Australia and the US and demonstrate the level of trust and amity between our two countries.
1.44The committee recommends that the Senate pass the bill.
Senator Nita Green
Chair