185Possession and control of information3

185 Possession and control of information3 Possession and control by ACIC4 (1) The ACIC is taken, for all purposes, not to be in possession or5 control of national policing information, unless the ACIC is either6 the contributor or a user of the information.7 Possession and control by contributor8 (2) National policing information is taken, for all purposes, to be in the9 possession and control of the contributor.10 Possession and control by user11 (3) To avoid doubt, a user of national policing information is also in12 possession and control of the information as long as the user13 accesses or retains the information.14 (4) In addition, a user of national policing information is taken to have15 been given the information by the contributor.16 Liability of ACIC as administrator17 (5) The ACIC is not subject to any civil or criminal liability for, or in18 relation to anything done, or omitted to be done:19 (a) in its capacity as the administrator of the national policing20 information system; or21 (b) by another contributor or user of national policing22 information.23 (6) However, paragraph (5)(a) does not apply in relation to:24 (a) a failure by the ACIC to take reasonable steps to restrict25 access to national policing information as instructed by the26 contributor; or27 (b) a failure by the ACIC to take reasonable steps to28 communicate conditions on access to, or use of, national29 policing information as instructed by the contributor.30

The national policing information system Division 2 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 199 186 Disclosing national policing information to courts etc.1 (1) This section applies to:2 (a) proceedings before a court (whether exercising federal3 jurisdiction or not); and4 (b) proceedings before any tribunal, authority or person having5 power to require the production of documents or the6 answering of questions.7 (2) A person who is or has been the Director-General or an ACIC staff8 member must not be required to disclose in the proceedings9 national policing information in relation to which the ACIC is10 neither the contributor nor a user.11 (3) However, subsection (2) does not apply:12 (a) if the ACIC is a party to the proceedings; or13 (b) if the Director-General or the ACIC staff member is a party14 to the proceedings in the Director-General or the ACIC staff15 member’s official capacity; or16 (c) to the extent that the disclosure is necessary for the purposes17 of a provision of any of the following:18 (i) this Act or an instrument made under this Act;19 (ii) a law of a State, the Australian Capital Territory or the20 Northern Territory that confers duties, functions or21 powers on the ACIC, the Director-General or an ACIC22 staff member;23 (iii) the National Anti-Corruption Commission Act 2022 or24 regulations under that Act;25 (iv) the Inspector-General of Intelligence and Security Act26 1986, or any other Act, or instrument made under an27 Act, that confers functions, duties or powers on the28 Inspector-General of Intelligence and Security;29 (v) the Parliamentary Joint Committee on Law30 Enforcement Act 2010;31 (vi) Schedule 1 to the Intelligence Services Act 2001;32 (vii) any other law of the Commonwealth, a State, the33 Australian Capital Territory or the Northern Territory34