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AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 36A

Definitions

                   In this Division:

"AAT Act" means the Administrative Appeals Tribunal Act 1975 .

"adverse criminal intelligence assessment" means a criminal intelligence assessment in respect of a person that contains:

                     (a)  any opinion or advice, or any qualification of any opinion or advice, or any information, that is or could be prejudicial to the interests of the person; and

                     (b)  a recommendation that prescribed administrative action be taken or not be taken in respect of the person, being a recommendation the implementation of which would be prejudicial to the interests of the person.

"applicant" means a person who has applied to the Tribunal for a review of an adverse criminal intelligence assessment.

"authorised member" has the same meaning as in the AAT Act.

"background check" has the same meaning as in section 5 of the AusCheck Act 2007 .

"Commonwealth agency" means an agency within the meaning of the Freedom of Information Act 1982 and includes an exempt agency.

"criminal intelligence assessment or assessment " means a written statement prepared by the ACC expressing any recommendation, opinion or advice on, or otherwise referring to, the question whether it is necessary or desirable for prescribed administrative action to be taken in respect of a person, having regard to whether there is intelligence or information that suggests that the person:

                     (a)  may commit a serious and organised crime; or

                     (b)  may assist another person to commit a serious and organised crime;

and includes any qualification or comment expressed in connection with any such recommendation, opinion or advice, being a qualification or comment that relates, or that could relate, to the question.

"exempt agency" means a body specified, or the person holding an office specified, in Part I of Schedule 2 to the Freedom of Information Act 1982 .

"law enforcement interests" includes interests in the following:

                     (a)  avoiding disruption to national and international efforts relating to law enforcement, criminal intelligence, criminal investigation, foreign intelligence and security intelligence;

                     (b)  protecting the technologies and methods used to collect, analyse, secure or otherwise deal with, criminal intelligence, foreign intelligence or security intelligence;

                     (c)  the protection and safety of informants and of persons associated with informants;

                     (d)  ensuring that intelligence and law enforcement agencies are not discouraged from giving information to a nation's government and government agencies;

                     (e)  avoiding disclosure of lawful methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of, breaches or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures.

"member" has the same meaning as in the AAT Act .

"officer of the Tribunal" has the same meaning as in the AAT Act.

"prescribed administrative action" means action that relates to or affects:

                     (a)  access by a person to any information or place, access to which is controlled or limited under:

                              (i)  the Aviation Transport Security Act 2004 or regulations under that Act; or

                             (ii)  the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act; or

                     (b)  a person's ability to perform an activity in relation to, or involving, a thing (other than information or a place), if that ability is controlled or limited under:

                              (i)  the Aviation Transport Security Act 2004 or regulations under that Act; or

                             (ii)  the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act.

"President" has the same meaning as in the AAT Act.

"presidential member" has the same meaning as in the AAT Act.

"Registrar" has the same meaning as in the AAT Act.

"security" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

"Tribunal" means the Administrative Appeals Tribunal.



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