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Australian Criminal Intelligence Commission Bill 2026
187Conferral of duties, functions and powers by State and2
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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