Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The ACC has the function of conducting criminal intelligence assessments for purposes related to background checks required or permitted by any of the following:
(a) the Aviation Transport Security Act 2004 or regulations under that Act;
(b) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act.
Note 1: The CEO is responsible for conducting criminal intelligence assessments (see subsection 46A(8)).
Note 2: The function of conducting criminal intelligence assessments is separate to, and does not affect, the ACC's function of providing strategic criminal intelligence assessments to the Board (as referred to in paragraph 7A(f)) and the Board's function of disseminating those strategic criminal intelligence assessments (as referred to in paragraph 7C(1)(g)).
(2) The CEO may, by legislative instrument, determine the following in relation to the making of criminal intelligence assessments:
(a) the matters that must be taken into account;
(b) the manner in which those matters are to be taken into account;
(c) the matters that are not to be taken into account.
(3) The CEO must not make a determination under subsection (2) unless the CEO has consulted the Minister.
(4) If the ACC, in conducting a
criminal intelligence assessment, considers that making an
adverse criminal intelligence assessment in respect of a person would
prejudice law enforcement interests, the ACC may decide not to make the
assessment.