54DGiving criminal intelligence assessments to Commonwealth agencies

#### 54D Giving criminal intelligence assessments to Commonwealth agencies Criminal intelligence assessments that are not adverse (1) The ACC may give a criminal intelligence assessment, that is not an adverse criminal intelligence assessment, in respect of a person to a Commonwealth agency for purposes related to: (a) a firearms background check of the person; or (b) a background check of the person that is required or permitted by any of the following: (i) the Aviation Transport Security Act 2004 or regulations under that Act; (ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act; (iii) an Act prescribed by the regulations for the purposes of subparagraph 54A(2)(a)(iii) or (b)(iii), or a legislative instrument under that Act. (2) Despite subsection (1), the ACC must give a criminal intelligence assessment, that is not an adverse criminal intelligence assessment, in respect of a person to a Commonwealth agency for purposes mentioned in subsection (1) if the criminal intelligence assessment is made in accordance with subsection 54C(6). > Note: The CEO may arrange for the use of a computer program to give certain kinds of criminal intelligence assessments to Commonwealth agencies: see section 54G. Adverse criminal intelligence assessments (3) The CEO may cause an adverse criminal intelligence assessment in respect of a person to be given to a Commonwealth agency for purposes related to: (a) a firearms background check of the person; or (b) a background check of the person that is required or permitted by any of the following: (i) the Aviation Transport Security Act 2004 or regulations under that Act; (ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act; (iii) an Act prescribed by the regulations for the purposes of subparagraph 54A(2)(a)(iii) or (b)(iii), or a legislative instrument under that Act. (4) If the CEO considers that giving a Commonwealth agency an adverse criminal intelligence assessment in respect of a person would prejudice law enforcement or intelligence interests or security, the CEO may decide not to cause the assessment to be given to the agency. (5) An adverse criminal intelligence assessment given to a Commonwealth agency under subsection (3) must be accompanied by: (a) a statement of the grounds for the assessment (which is taken to be part of the assessment); and (b) if, under subsection (7), the CEO makes a certificate in relation to information contained in the assessment—a copy of the certificate. (6) The statement of the grounds for the adverse criminal intelligence assessment must contain all information that the ACC relied on in making the assessment, other than: (a) subject to subsection (8), information in relation to which the CEO has made a certificate under subsection (7); and (b) information the disclosure of which would be contrary to a law of the Commonwealth, a State or a Territory. (7) The CEO may certify, in writing, that the CEO is satisfied that disclosing particular information contained in an adverse criminal intelligence assessment, including particular information contained in the statement of the grounds for the assessment, to the person in respect of whom the assessment was made would prejudice law enforcement or intelligence interests or security. (8) If the CEO makes a certificate under subsection (7) in relation to information, the CEO may decide not to cause the information to be given to a Commonwealth agency under subsection (3) or (5). However, the Minister may, after consulting the CEO, direct the CEO to cause the information to be given to the Commonwealth agency. (9) A certificate made under subsection (7) is not a legislative instrument. (10) If the direction under subsection (8) is made in writing, the direction is not a legislative instrument.