187Conferral of duties, functions and powers by State and2

187 Conferral of duties, functions and powers by State and2 Territory laws3 Conferring duties, functions and powers4 (1) A law of a State, the Australian Capital Territory or the Northern5 Territory may confer a duty, function or power that relates to6 national policing information functions on one or more of the7 following:8 (a) the ACIC;9 (b) the Director-General;10 (c) an ACIC staff member.11 (2) Subsection (1) does not extend to a law of a State, the Australian12 Capital Territory or the Northern Territory to the extent to which13 that law purports to confer any duty that is in contravention of any14 constitutional doctrine restricting the duties that may be conferred15 on:16 (a) authorities of the Commonwealth; or17 (b) members of authorities of the Commonwealth.18 Concurrent operation of State and Territory laws19 (3) Subsections (1) and (2) are not intended to exclude or limit the20 operation of a law of a State, the Australian Capital Territory or the21 Northern Territory that confers duties, functions or powers on the22 ACIC, the Director-General or ACIC staff member to the extent23 that the law is capable of operating concurrently with Division 2.24 (4) Without limiting subsection (3), this Division is not intended to25 prevent the ACIC, the Director-General or ACIC staff member26 from having concurrent duties, functions or powers under a law of27 a State, the Australian Capital Territory or the Northern Territory28 that relates to national policing information functions, so long as29 the law is capable of operating concurrently with Division 2.30

Division 3 Operation of State and Territory laws