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

10   After subsection 12(2)

Insert:

13 Performance of national policing information functions

(1) The ACC must not perform its national policing information functions other than:

(a) for purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or

(b) for purposes involving, or for purposes related to, the collection and transmission of information by a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or

(c) in, or for purposes related to, a Territory; or

(d) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or

(e) for purposes related to trade or commerce:

(i) between Australia and places outside Australia; or

(ii) among the States; or

(iii) within a Territory, between a State and a Territory, or between 2 Territories; or

(f) for purposes related to external affairs, including:

(i) giving effect to an international agreement to which Australia is a party; or

(ii) addressing matters of international concern; or

(iii) by way of the performance of its functions in a place outside Australia; or

(g) for purposes related to preventing the influx of criminals into Australia; or

(h) for purposes related to the service and execution throughout the Commonwealth of the civil and criminal process and the judgments of the courts of the States; or

(i) by way of the provision of a service, for a purpose of the Commonwealth, to:

(i) the Commonwealth; or

(ii) an authority of the Commonwealth; or

(j) for purposes related to the executive power of the Commonwealth; or

(k) for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

(2) In providing a nationally coordinated criminal history check, the ACC must comply with any condition or restriction determined by the Board.

(3) In this section:

Territory means a Territory referred to in section 122 of the Constitution.