Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback