202Australian Criminal Intelligence Commission Bill 2026 No. , 2026

202 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 State and Territory officers do not lose State or Territory powers1 (5) Nothing in this Division results in a person, who is an officer of a2 State, the Australian Capital Territory or the Northern Territory3 and who becomes an ACIC staff member, ceasing to be able to4 perform a duty or function, or to exercise a power, that is conferred5 on the person under a law of the State, the Australian Capital6 Territory or the Northern Territory in the person’s capacity as such7 an officer.8 188 Choice of Commonwealth and State or Territory powers9 (1) This section applies if:10 (a) the ACIC, the Director-General or ACIC staff member is11 performing a duty or function, or exercising a power, relating12 to national policing information functions; and13 (b) the ACIC or the person concerned has a choice between14 exercising powers conferred by a law of the Commonwealth15 and exercising powers conferred by a law of a State, the16 Australian Capital Territory or the Northern Territory.17 (2) Neither the ACIC nor the person is required to favour exercising18 the powers conferred by the law of the Commonwealth.19