Australian Crime Commission Amendment (National Policing Information) Act 2016 (45 of 2016)

Schedule 1   Amendment of the Australian Crime Commission Act 2002

Australian Crime Commission Act 2002

14   After section 12

Insert:

15 Fees in relation to national policing information functions

(1) The ACC may charge a fee for goods or services that are provided by the ACC in the course of performing its national policing information functions.

(2) A fee charged under subsection (1) must not be such as to amount to taxation.

(3) A fee charged under subsection (1):

(a) is a debt due to the Commonwealth; and

(b) is recoverable by the ACC, on behalf of the Commonwealth, in a court of competent jurisdiction.

15A National policing information charges

Payment of charge

(1) Charge imposed by the Charges Act on an application for, or the provision of, a kind of national policing information service is payable to the ACC, on behalf of the Commonwealth.

(2) If charge is imposed by the Charges Act on an application for, or the provision of, a kind of national policing information service, the amount of the charge:

(a) is a debt due to the Commonwealth; and

(b) is recoverable by the ACC, on behalf of the Commonwealth, in a court of competent jurisdiction.

Waiver etc. of charge

(3) The ACC may, on behalf of the Commonwealth:

(a) waive or reduce, in a particular case or in particular cases, charge imposed by the Charges Act on an application for, or the provision of, a kind of national policing information service; or

(b) refund, in whole or in part, in a particular case or in particular cases, charge imposed by the Charges Act on an application for, or the provision of, a kind of national policing information service.

Commonwealth liability for charge

(4) The Commonwealth is not liable to pay charge imposed by the Charges Act. However, it is the Parliament's intention that the Commonwealth should be notionally liable to pay such a charge.

(5) The Finance Minister may give such written directions as are necessary or convenient for carrying out or giving effect to subsection (4) and, in particular, may give directions in relation to the transfer of money within an account, or between accounts, operated by the Commonwealth.

(6) Directions under subsection (5) have effect, and must be complied with, despite any other Commonwealth law.

(7) Directions under subsection (5) are not legislative instruments.

(8) In subsections (4) and (5):

Commonwealth includes a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that cannot be made liable to taxation by a Commonwealth law.