Commonwealth Consolidated Acts

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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.


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