{"id":"F2023L01030","name":"Australian Crime Commission (Criminal Intelligence Assessment) Instrument 2023","slug":"australian-crime-commission-criminal-intelligence-assessment-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442024,"registerId":"F2023L01030-fast-fetch-1775957155511","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Crime Commission (Criminal Intelligence Assessment) Instrument 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAustralian Crime Commission (Criminal Intelligence Assessment) Instrument 2023\n\nI, Anne Brown, Acting Chief Executive Officer of the Australian Criminal Intelligence Commission, having consulted with the Minister, make the following instrument under subsection 36B(2) of the Australian Crime Commission Act 2002.\n\nDated 19 July 2023   \n\nAnne Brown\n\nActing CEO of the Australian Criminal Intelligence Commission\n\nContents\n\n1          Name\n\n2          Commencement\n\n3          Authority\n\n4          Definitions\n\n5          Instrument application......................................2\n\n6          Matters to be taken into account................................2\n\n7          Manner in which matters in paragraph 6 are to be taken into account..........3\n\n8          Matters not to be taken into account\n\n \n\n \n\n \n\n \n\n \n\n1  Name\n\n  This instrument is the Australian Crime Commission (Criminal Intelligence Assessment) Instrument 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument On the day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 36B(2) of the Australian Crime Commission Act 2002.\n\n4  Definitions\n\n \n\nIn this instrument:\n\nAct means the Australian Crime Commission Act 2002.\n\n \n\nACIC means the Australian Criminal Intelligence Commission, by which name and acronym the Australian Crime Commission may also be known[[1]](#_ftn1).\n\n \n\nadverse criminal intelligence assessment has the same meaning as contained within the Act.\n\nassessment subject means the person who is the subject of a criminal intelligence assessment.\n\ncriminal intelligence assessment has the same meaning as contained within the Act.\n\nprescribed administrative action has the same meaning as contained within the Act.\n\nserious and organised crime has the same meaning as contained within the Act.\n\ntransport security card means:\n\n(a)      an ASIC as defined in the Aviation Transport Security Regulations 2005; or\n\n(b)      an MSIC as defined in the Maritime Transport and Offshore Facilities Security Regulations 2003.\n\n5  Instrument application\n\nThis instrument applies where the ACIC has intelligence or information which raises the question of whether it is necessary or desirable for prescribed administrative action to be taken in respect of the assessment subject.\n\n6  Matters to be taken into account\n\n(1)           In conducting a criminal intelligence assessment, the matters to be taken into account include:\n\n(a)     the nature of the relevant prescribed administrative action;\n\n(b)     intelligence or information available to the ACIC relevant to whether the assessment subject may commit, or assist another person to commit a serious and organised crime; and\n\n(c)     the extent to which the criminal intelligence assessment would prevent the use of aviation or maritime transport or offshore facilities in connection with serious crime.\n\n(2)           In relation to subparagraph (1)(b):\n\n(a)      intelligence or information should be directly, indirectly or circumstantially relevant to the assessment subject and to the use of aviation, or maritime or offshore facilities, in connection with serious and organised crime.\n\n(b)      the nature and origin of the information relied on should be considered carefully. In particular, frivolous or vexatious complaints are not sufficient to suggest the assessment subject may commit, or assist another person to commit a serious and organised crime.\n\n(c)      incidental contact, or a passive association based on family connections to individuals suspected of being involved in serious and organised crime is not, of itself, sufficient to conclude the assessment subject may commit, or assist another person to commit a serious and organised crime.\n\n(d)      close or regular contact with individuals suspected of being involved in serious and organised crime may be sufficient in some cases to suggest that the assessment subject may commit, or assist another person to commit a serious and organised crime.\n\n7  Manner in which matters in paragraph 6 are to be taken into account\n\n(1)           When making an assessment, regard should be had to:\n\n(a)    the requirements of procedural fairness; and\n\n(b)    the reliability of information available about the assessment subject.\n\n \n\n(2)           In regards to subparagraph 7(1)(a):\n\n(a)      adverse criminal intelligence assessments are to be made in good faith, and without bias.\n\n(b)      the reasons for the adverse criminal intelligence assessment are to be recorded in a statement of grounds.\n\n(c)      the criminal intelligence assessment process is to be as fair and transparent as the proper protection of law enforcement and security interests allow and taking account of the protective elements of Division 2A of Part II of the Act.\n\n(3)           In regards to subparagraph 7(1)(b), matters affecting the reliability of information available about the assessment subject include:\n\n(a)      the credibility, nature and authenticity of the relevant facts, information and sources; and\n\n(b)      the currency of information; and \n\n(c)      whether or not information has been corroborated.\n\n8  Matters not to be taken into account\n\n(1)           The following matters are not to be taken into account when conducting a criminal intelligence assessment:             \n\n(a)      information containing a legislative restriction preventing its use in a criminal intelligence assessment.\n\n(b)      in relation to transport security cards, the access level signified by the colour or different type of transport security card the assessment subject holds or has applied for.\n\nNote:    This is because transport security cards are evidence of a successful background check, regardless of the different type or colour of card.\n\n \n\n \n\n \n\n---\n\n\n[[1]](#_ftnref1) Subsection 7(1A) of the Act and section 8 of the Australian Crime Commission Regulations 2018\n\nprovide that the Australian Crime Commission may also be known as the Australian Criminal\n\nIntelligence Commission and by the acronyms ACC and ACIC. In this document the acronym ACIC is\n\nused, as permitted by subsection 4(1A) of the Act.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument does not create new powers or expand statutory reach; it prescribes matters, procedures and exclusions to guide how the ACIC conducts criminal intelligence assessments under the Act (see s3, s5–s8). It clarifies evidentiary and procedural standards and records requirements but does not, on its face, alter which subjects or actions fall within the Act's reach."},"complexity_factors":["Multiple statutory cross‑references: made under subsection 36B(2) of the Act and refers to Division 2A of Part II and regulatory provisions (footnote referencing subsection 7(1A) of the Act and section 8 of the Regulations).","Discretionary language that requires judgment: phrases such as 'may be sufficient in some cases' and 'as fair and transparent as the proper protection ... allow' create room for officer discretion.","Evidentiary gradations: requires assessment of direct, indirect and circumstantial intelligence and evaluation of credibility, currency and corroboration (s6(2), s7(3)).","Procedural and administrative duties: mandates recording reasons in a 'statement of grounds' and consideration of procedural fairness (s7(2)(b)–(c)).","Scope condition: instrument applies only when ACIC 'has intelligence or information which raises the question' of prescribed administrative action, which is a threshold requiring preliminary judgment (s5).","Specific exclusions and interpretive rules: e.g., legislative restrictions on use of information and exclusion of transport card colour as a factor (s8).","Tension between transparency and secrecy: requirement for fairness balanced against protective elements of Division 2A, creating implementation trade‑offs (s7(2)(c))."],"plain_english_summary":"This instrument tells the Australian Criminal Intelligence Commission (ACIC) how to carry out criminal intelligence assessments when deciding whether prescribed administrative action may be needed against an individual linked to serious and organised crime. It lists the kinds of intelligence to weigh, sets procedural‑fairness and record‑keeping requirements, and specifies items that must not be considered (for example, the colour/type of a transport security card). It affects people who are assessment subjects and ACIC officers who make those assessments."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose under subsection 36B(2) of the Australian Crime Commission Act 2002, which is to prescribe matters for criminal intelligence assessments relating to prescribed administrative action. It specifically addresses transport security cards (ASICs/MSICs) and does not expand beyond this remit."},"complexity_factors":["Short instrument (8 sections, approximately 2 pages)","Minimal defined terms (7 definitions, mostly referencing the parent Act)","Simple conditional structure (if ACIC has intelligence → apply these rules)","No nested exceptions or complex cross-referencing beyond basic references to the Australian Crime Commission Act 2002","Straightforward prescriptive language ('must', 'should', 'not to be taken into account')","Single operational context (transport security cards) rather than multiple overlapping regimes"],"plain_english_summary":"These rules tell ACIC staff how to decide whether someone should be denied or stripped of an aviation or maritime security ID (ASIC/MSIC). They set what risk-related intelligence and relevance to consider, which kinds of information to ignore, and require good‑faith, unbiased assessments with recorded reasons while protecting law‑enforcement secrecy. The instrument affects applicants and cardholders and balances preventing organised‑crime risks with fair, transparent treatment of individuals."}},"importantCases":[],"_links":{"self":"/api/acts/australian-crime-commission-criminal-intelligence-assessment-instrument-2023","history":"/api/acts/australian-crime-commission-criminal-intelligence-assessment-instrument-2023/history","analysis":"/api/acts/australian-crime-commission-criminal-intelligence-assessment-instrument-2023/analysis","conflicts":"/api/acts/australian-crime-commission-criminal-intelligence-assessment-instrument-2023/conflicts","importantCases":"/api/acts/australian-crime-commission-criminal-intelligence-assessment-instrument-2023/important-cases","documents":"/api/acts/australian-crime-commission-criminal-intelligence-assessment-instrument-2023/documents"}}