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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Crime Commission
Amendment (National Policing
Information) Bill 2015
No. , 2015
(Justice)
A Bill for an Act to amend the Australian Crime
Commission Act 2002, and for related purposes
No. , 2015
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendment of the Australian Crime Commission
Act 2002
3
Australian Crime Commission Act 2002
3
Schedule 2--Amendments of other Acts
15
Part 1--Amendments
15
Crimes Act 1914
15
Law Enforcement Integrity Commissioner Act 2006
15
Privacy Act 1988
16
Part 2--Transitional provisions
17
No. , 2015
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
1
A Bill for an Act to amend the Australian Crime
1
Commission Act 2002, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Australian Crime Commission
5
Amendment (National Policing Information) Act 2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
before 1 July 2016, they commence on that
day.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendment of the Australian Crime Commission Act 2002 Schedule 1
No. , 2015
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
3
Schedule 1--Amendment of the Australian
1
Crime Commission Act 2002
2
3
Australian Crime Commission Act 2002
4
1 Subsection 4(1)
5
Insert:
6
accredited body: see subsection 46A(5).
7
Charges Act means the Australian Crime Commission (National
8
Policing Information Charges) Act 2015.
9
Finance Minister means the Minister administering the Public
10
Governance, Performance and Accountability Act 2013.
11
national policing information means information that:
12
(a) is collected by any of the following in the performance or
13
exercise of its functions or powers:
14
(i) the Australian Federal Police;
15
(ii) the police force of a State;
16
(iii) a body prescribed by the regulations; and
17
(b) is of a kind prescribed by the regulations;
18
but does not include the following:
19
(c) any further information, opinion, interpretation or conclusion
20
derived by the ACC from collected information;
21
(d) any collected information included in an analysis, report or
22
other presentation by the ACC of material referred to in
23
paragraph (c).
24
national policing information functions means the ACC's
25
functions set out in paragraph 7A(fa).
26
2 After subsection 7(1)
27
Insert:
28
(1A) The ACC may also be known by a name specified in the
29
regulations.
30
Schedule 1 Amendment of the Australian Crime Commission Act 2002
4
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
No. , 2015
3 After paragraph 7A(f)
1
Insert:
2
(fa) to provide systems and services relating to national policing
3
information, including the following:
4
(i) collecting, correlating and organising national policing
5
information;
6
(ii) providing access to national policing information;
7
(iii) supporting and facilitating the exchange of national
8
policing information;
9
(iv) providing nationally coordinated criminal history
10
checks on payment of a charge imposed by the Charges
11
Act;
12
4 After paragraph 7C(1)(a)
13
Insert:
14
(aa) to determine priorities in relation to national policing
15
information systems and services;
16
5 After paragraph 7C(1)(g)
17
Insert:
18
(ga) to make recommendations to the Minister about expenditure
19
from the National Policing Information Systems and Services
20
Special Account;
21
(gb) to make recommendations to the Minister about charges for
22
national policing information services (including criminal
23
history checks);
24
(gc) to determine, in writing, policies and give directions to the
25
CEO in relation to the following:
26
(i) disclosing national policing information;
27
(ii) approving a body as an accredited body;
28
(gd) to determine, in writing, any conditions or restrictions in
29
relation to providing nationally coordinated criminal history
30
checks;
31
6 At the end of section 7C
32
Add:
33
Amendment of the Australian Crime Commission Act 2002 Schedule 1
No. , 2015
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
5
Recommendations about charges for national policing information
1
services
2
(7) Before the end of each financial year, the Board must recommend
3
to the Minister in writing that the Minister either:
4
(a) vary the legislative instrument under section 7 of the Charges
5
Act in accordance with the recommendation; or
6
(b) not vary the legislative instrument made under section 7 of
7
the Charges Act.
8
(8) In making the recommendation, the Board:
9
(a) must have regard to the principle that the charges and other
10
fees imposed for national policing information services
11
should cover the costs to the ACC of providing national
12
policing information systems and services; and
13
(b) may have regard to any other matter the Board considers
14
relevant.
15
(9) If the Board recommends that the Minister vary the instrument, the
16
recommendation must set out the matters considered by the Board.
17
7 Section 7F
18
Omit "7", substitute "9".
19
8 At the end of Subdivision B of Division 1 of Part II
20
Add:
21
7L Recommendations to Inter-Governmental Committee in relation
22
to Board
23
(1) The Board may make recommendations to the Inter-Governmental
24
Committee in relation to the composition and functioning of the
25
Board.
26
(2) If the Board recommends that the composition of the Board be
27
changed, the Board must also recommend what changes (if any)
28
should be made to section 7F (quorum at Board meetings),
29
section 7G (voting at Board meetings) and section 7J (resolutions
30
outside of Board meetings).
31
Schedule 1 Amendment of the Australian Crime Commission Act 2002
6
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
No. , 2015
9 Section 12 (heading)
1
Repeal the heading, substitute:
2
12 Performance of operations/investigations functions
3
10 After subsection 12(2)
4
Insert:
5
13 Performance of national policing information functions
6
(1) The ACC must not perform its national policing information
7
functions other than:
8
(a) for purposes related to matters that are peculiarly adapted to
9
the government of a nation and that cannot otherwise be
10
carried on for the benefit of the nation; or
11
(b) for purposes involving, or for purposes related to, the
12
collection and transmission of information by a
13
communication using a postal, telegraphic, telephonic or
14
other like service within the meaning of paragraph 51(v) of
15
the Constitution; or
16
(c) in, or for purposes related to, a Territory; or
17
(d) in or with respect to a Commonwealth place (within the
18
meaning of the Commonwealth Places (Application of Laws)
19
Act 1970); or
20
(e) for purposes related to trade or commerce:
21
(i) between Australia and places outside Australia; or
22
(ii) among the States; or
23
(iii) within a Territory, between a State and a Territory, or
24
between 2 Territories; or
25
(f) for purposes related to external affairs, including:
26
(i) giving effect to an international agreement to which
27
Australia is a party; or
28
(ii) addressing matters of international concern; or
29
(iii) by way of the performance of its functions in a place
30
outside Australia; or
31
(g) for purposes related to preventing the influx of criminals into
32
Australia; or
33
Amendment of the Australian Crime Commission Act 2002 Schedule 1
No. , 2015
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
7
(h) for purposes related to the service and execution throughout
1
the Commonwealth of the civil and criminal process and the
2
judgments of the courts of the States; or
3
(i) by way of the provision of a service, for a purpose of the
4
Commonwealth, to:
5
(i) the Commonwealth; or
6
(ii) an authority of the Commonwealth; or
7
(j) for purposes related to the executive power of the
8
Commonwealth; or
9
(k) for purposes related to matters incidental to the execution of
10
any of the legislative powers of the Parliament or the
11
executive power of the Commonwealth.
12
(2) In providing a nationally coordinated criminal history check, the
13
ACC must comply with any condition or restriction determined by
14
the Board.
15
(3) In this section:
16
Territory means a Territory referred to in section 122 of the
17
Constitution.
18
11 Before subsection 12(3)
19
Insert:
20
14 Performance of functions--general
21
12 Subsection 12(3)
22
Omit "(3)", insert "(1)".
23
13 Subsection 12(6)
24
Omit "(6)", insert "(2)".
25
14 After section 12
26
Insert:
27
Schedule 1 Amendment of the Australian Crime Commission Act 2002
8
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
No. , 2015
15 Fees in relation to national policing information functions
1
(1) The ACC may charge a fee for goods or services that are provided
2
by the ACC in the course of performing its national policing
3
information functions.
4
(2) A fee charged under subsection (1) must not be such as to amount
5
to taxation.
6
(3) A fee charged under subsection (1):
7
(a) is a debt due to the Commonwealth; and
8
(b) is recoverable by the ACC, on behalf of the Commonwealth,
9
in a court of competent jurisdiction.
10
15A National policing information charges
11
Payment of charge
12
(1) Charge imposed by the Charges Act on an application for, or the
13
provision of, a kind of national policing information service is
14
payable to the ACC, on behalf of the Commonwealth.
15
(2) If charge is imposed by the Charges Act on an application for, or
16
the provision of, a kind of national policing information service,
17
the amount of the charge:
18
(a) is a debt due to the Commonwealth; and
19
(b) is recoverable by the ACC, on behalf of the Commonwealth,
20
in a court of competent jurisdiction.
21
Waiver etc. of charge
22
(3) The ACC may, on behalf of the Commonwealth:
23
(a) waive or reduce, in a particular case or in particular cases,
24
charge imposed by the Charges Act on an application for, or
25
the provision of, a kind of national policing information
26
service; or
27
(b) refund, in whole or in part, in a particular case or in particular
28
cases, charge imposed by the Charges Act on an application
29
for, or the provision of, a kind of national policing
30
information service.
31
Amendment of the Australian Crime Commission Act 2002 Schedule 1
No. , 2015
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
9
Commonwealth liability for charge
1
(4) The Commonwealth is not liable to pay charge imposed by the
2
Charges Act. However, it is the Parliament's intention that the
3
Commonwealth should be notionally liable to pay such a charge.
4
(5) The Finance Minister may give such written directions as are
5
necessary or convenient for carrying out or giving effect to
6
subsection (4) and, in particular, may give directions in relation to
7
the transfer of money within an account, or between accounts,
8
operated by the Commonwealth.
9
(6) Directions under subsection (5) have effect, and must be complied
10
with, despite any other Commonwealth law.
11
(7) Directions under subsection (5) are not legislative instruments.
12
(8) In subsections (4) and (5):
13
Commonwealth includes a Commonwealth entity (within the
14
meaning of the Public Governance, Performance and
15
Accountability Act 2013) that cannot be made liable to taxation by
16
a Commonwealth law.
17
15 Subsection 18(2)
18
Omit all the words after "subsection (1)", substitute:
19
with respect to:
20
(a) particular ACC operations/investigations; or
21
(b) a matter related to national policing information systems and
22
services (including expenditure from the National Policing
23
Information Systems and Services Special Account).
24
16 Before subsection 46A(2)
25
Insert:
26
ACC operations/investigations
27
17 At the end of section 46A
28
Add:
29
Schedule 1 Amendment of the Australian Crime Commission Act 2002
10
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
No. , 2015
Accredited bodies
1
(5) The CEO may, in writing, approve any of the following as an
2
accredited body for the purposes of receiving nationally
3
coordinated criminal history checks:
4
(a) a body of the Commonwealth, a State or a Territory;
5
(b) any other body or organisation however described (including
6
bodies or organisations outside Australia).
7
(6) In deciding whether to approve a body or organisation, the CEO
8
must act in accordance with any policy determined, and any
9
direction given, in writing by the Board.
10
(7) An instrument approving a body or organisation as an accredited
11
body is not a legislative instrument.
12
18 Section 55A (heading)
13
Repeal the heading, substitute:
14
55A Operation of State laws
15
19 At the end of subsection 55A(2)
16
Add:
17
; (e) a duty, function or power relating to national policing
18
information.
19
20 After paragraph 55A(3)(b)
20
Insert:
21
; or (c) perform a duty or function, or exercise a power, relating to
22
national policing information;
23
21 After subsection 55A(5)
24
Insert:
25
(5AA) A law of a State may confer on the Inter-Governmental
26
Committee, the Board, the Chair of the Board, a member of the
27
Board, the CEO, an examiner or a member of the staff of the ACC
28
a duty, function or power that relates to national policing
29
information.
30
Amendment of the Australian Crime Commission Act 2002 Schedule 1
No. , 2015
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
11
22 After paragraph 55A(5A)(b)
1
Insert:
2
; or (c) relating to national policing information;
3
23 Subsections 55A(6) and (7)
4
After "(5),", insert "(5AA),".
5
24 Subsection 55A(9)
6
Omit "activities or to the undertaking of an intelligence operation",
7
substitute "activities, to the undertaking of an intelligence operation or
8
to national policing information".
9
25 Section 55B
10
Before "If:", insert "(1)".
11
26 At the end of section 55B
12
Add:
13
(2) If:
14
(a) the ACC, the Inter-Governmental Committee, the Board, the
15
Chair of the Board, a member of the Board, the CEO, an
16
examiner or a member of the staff of the ACC is performing
17
a duty or function, or exercising a power, relating to national
18
policing information; and
19
(b) the body or person has a choice between exercising powers
20
conferred by this Act or any other Act, and exercising powers
21
conferred by a law of a State;
22
this Act or that other Act does not require the body or person to
23
favour exercising the powers conferred by this Act or that other
24
Act.
25
27 Section 55C (heading)
26
Repeal the heading, substitute:
27
55C No obligation to perform duties etc.
28
28 After subsection 55C(2)
29
Insert:
30
Schedule 1 Amendment of the Australian Crime Commission Act 2002
12
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
No. , 2015
(2A) To avoid doubt, neither this Act nor any other law of the
1
Commonwealth imposes any obligation on:
2
(a) the ACC; or
3
(b) the Inter-Governmental Committee, the Board, the Chair of
4
the Board, a member of the Board, the CEO, an examiner or
5
a member of the staff of the ACC;
6
to perform a duty or function, or exercise a power, that relates to
7
national policing information if the imposition of the obligation is
8
in contravention of any constitutional doctrine restricting the duties
9
that may be conferred on authorities of the Commonwealth or
10
members of authorities of the Commonwealth.
11
29 After subsection 59AA(1)
12
Insert:
13
(1A) In deciding whether to disclose national policing information under
14
subsection (1), the CEO must act in accordance with any policy
15
determined, and any direction given, in writing by the Board.
16
(1B) The CEO must obtain the approval of the Board before disclosing
17
national policing information under subsection (1) to a body that is
18
not one of the following:
19
(a) the Australian Federal Police;
20
(b) a Police Force of a State;
21
(c) the Department administered by the Minister who
22
administers the Australian Border Force Act 2015;
23
(d) the Australian Securities and Investments Commission;
24
(e) the Australian Security Intelligence Organisation;
25
(f) the Australian Taxation Office;
26
(g) a body prescribed by the regulations.
27
30 After section 59AA
28
Insert:
29
59AAA Disclosure of information from criminal history checks
30
The CEO may disclose information from a nationally coordinated
31
criminal history check to an accredited body, or to the person to
32
whom the check relates, if:
33
Amendment of the Australian Crime Commission Act 2002 Schedule 1
No. , 2015
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
13
(a) disclosing the information would not be contrary to a law of
1
the Commonwealth, a State or a Territory that would
2
otherwise apply; and
3
(b) disclosing the information would not be contrary to any
4
conditions or restrictions determined by the Board in relation
5
to providing nationally coordinated criminal history checks.
6
31 After subsection 59AB(2)
7
Insert:
8
(2A) In deciding whether to disclose national policing information under
9
subsection (1), the CEO must act in accordance with any policy
10
determined, and any direction given, in writing by the Board.
11
(2B) The CEO must obtain the approval of the Board before disclosing
12
national policing information under subsection (1).
13
32 After section 59B
14
Insert:
15
59C National Policing Information Systems and Services Special
16
Account
17
(1) The National Policing Information Systems and Services Special
18
Account is continued in existence.
19
Note:
The Account was established by Financial Management and
20
Accountability Determination 2006/07 -- National Policing
21
Information Systems and Services Special Account Establishment
22
2006.
23
(2) The Account is a special account for the purposes of the Public
24
Governance, Performance and Accountability Act 2013.
25
59D Credits to the Account
26
There must be credited to the Account amounts equal to the
27
following:
28
(a) amounts paid to the ACC by way of charge imposed by the
29
Charges Act;
30
(b) amounts received by way of fees referred to in section 15 of
31
this Act;
32
Schedule 1 Amendment of the Australian Crime Commission Act 2002
14
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
No. , 2015
(c) any other amounts received by the ACC in connection with
1
the performance of national policing information functions.
2
Note:
An Appropriation Act may contain a provision to the effect that, if any
3
of the purposes of a special account is a purpose that is covered by an
4
item in the Appropriation Act (whether or not the item expressly refers
5
to the special account), then amounts may be debited against the
6
appropriation for that item and credited to that special account.
7
59E Purposes of the Account
8
The purposes of the Account are as follows:
9
(a) paying for scoping, developing, procuring, implementing and
10
operating information technology systems and services in
11
connection with the national policing information functions;
12
(b) paying or discharging the costs, expenses and other
13
obligations incurred by the Commonwealth in the
14
performance of the national policing information functions;
15
(c) paying any remuneration and allowances payable to any
16
person under this Act in relation to the national policing
17
information functions;
18
(d) meeting the expenses of administering the Account;
19
(e) repaying to a State all or part of an amount received from the
20
State in connection with the performance of national policing
21
information functions, if it is not required for a purpose for
22
which it was paid;
23
(f) paying refunds in accordance with section 15A;
24
(g) reducing the balance of the Account (and therefore the
25
available appropriation for the Account) without making a
26
real or notional payment.
27
Note:
See section 80 of the Public Governance, Performance and
28
Accountability Act 2013 (which deals with special accounts).
29
Amendments of other Acts Schedule 2
Amendments Part 1
No. , 2015
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
15
Schedule 2--Amendments of other Acts
1
Part 1--Amendments
2
Crimes Act 1914
3
1 Subsection 23YUD(1A)
4
Omit "CrimTrac", substitute "The ACC".
5
2 Subsection 23YUD(1AA)
6
Omit "CrimTrac" (wherever occurring), substitute "the ACC".
7
3 Subsection 23YUD(3) (definition of CrimTrac)
8
Repeal the definition.
9
4 Section 85ZL (paragraph (e) of the definition of law
10
enforcement agency)
11
Repeal the paragraph.
12
Law Enforcement Integrity Commissioner Act 2006
13
5 Subsection 5(1) (paragraph (bc) of the definition of head)
14
Repeal the paragraph.
15
6 Subsection 5(1) (paragraph (bc) of the definition of law
16
enforcement agency)
17
Repeal the paragraph.
18
7 Subsection 10(2D)
19
Repeal the subsection.
20
8 Paragraph 10(5)(bc)
21
Repeal the paragraph.
22
Schedule 2 Amendments of other Acts
Part 1 Amendments
16
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
No. , 2015
Privacy Act 1988
1
9 Subsection 6(1) (paragraph (ba) of the definition of
2
enforcement body)
3
Repeal the paragraph.
4
Amendments of other Acts Schedule 2
Transitional provisions Part 2
No. , 2015
Australian Crime Commission Amendment (National Policing
Information) Bill 2015
17
Part 2--Transitional provisions
1
10 Arrangement in relation to database information
2
An arrangement under subsection 23YUD(1A) of the Crimes Act 1914
3
between CrimTrac and a participating jurisdiction that is in effect
4
immediately before the commencement of this Schedule is taken,
5
immediately after that commencement, to be an arrangement between
6
the ACC and the participating jurisdiction.
7
11 Law enforcement integrity
8
(1)
The Law Enforcement Integrity Commissioner Act 2006, as in force
9
immediately before the commencement of this Schedule, continues to
10
apply in relation to conduct engaged in before that commencement by a
11
staff member of the CrimTrac Agency.
12
(2)
Without limiting subitem (1), if any process under that Act in relation to
13
such conduct had begun but had not concluded before the
14
commencement of this Schedule, then the process may be completed
15
under that Act after that commencement.
16
(3)
For the purposes of the continued application of the Law Enforcement
17
Integrity Commissioner Act 2006 in relation to such conduct:
18
(a) the law enforcement agency concerned is taken to be the
19
ACC; and
20
(b) the head of that law enforcement agency is taken to be the
21
CEO of the ACC.
22