210Meaning of prescribed administrative action13

210 Meaning of prescribed administrative action13 (1) Prescribed administrative action means the exercise of any power,14 or the performance of any function, in relation to any of the15 following decisions under a law of a State or Territory:16 (a) a decision about whether to issue a firearms licence or17 otherwise relating to the issue of such a licence (including in18 relation to conditions);19 (b) a decision about whether to renew, revoke, vary or suspend a20 licence mentioned in paragraph (a).21 (2) Action is also prescribed administrative action if the action relates22 to or affects:23 (a) access by a person to any information or place, access to24 which is controlled or limited under:25 (i) the Aviation Transport Security Act 2004 or regulations26 under that Act; or27 (ii) the Maritime Transport and Offshore Facilities Security28 Act 2003 or regulations under that Act; or29 (iii) an Act prescribed by the rules for the purposes of this30 subparagraph, or a legislative instrument under that Act;31 or32 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 213 (b) a person’s ability to perform an activity in relation to, or1 involving, a thing (other than information or a place), if that2 ability is controlled or limited under:3 (i) the Aviation Transport Security Act 2004 or regulations4 under that Act; or5 (ii) the Maritime Transport and Offshore Facilities Security6 Act 2003 or regulations under that Act; or7 (iii) an Act prescribed by the rules for the purposes of this8 subparagraph, or a legislative instrument under that Act.9 214 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 2—Criminal intelligence assessments1 211 Making criminal intelligence assessments2 General3 (1) The ACIC may make criminal intelligence assessments for4 purposes related to:5 (a) firearms background checks; or6 (b) background checks required or permitted by any of the7 following:8 (i) the Aviation Transport Security Act 2004 or regulations9 under that Act;10 (ii) the Maritime Transport and Offshore Facilities Security11 Act 2003 or regulations under that Act;12 (iii) an Act prescribed by the rules for the purposes of13 subparagraph 210(2)(a)(iii) or (b)(iii), or a legislative14 instrument under that Act.15 (2) The Director-General may, by legislative instrument, determine the16 following in relation to the making of criminal intelligence17 assessments:18 (a) the matters that must be taken into account;19 (b) the manner in which those matters must be taken into20 account;21 (c) the matters that must not be taken into account.22 (3) The Director-General must not make a determination under23 subsection (2) unless the Director-General has consulted the24 Minister.25 (4) If the ACIC, in making a criminal intelligence assessment,26 considers that making an adverse criminal intelligence assessment27 in respect of a person would prejudice law enforcement or28 intelligence interests, the ACIC may decide not to make the29 assessment.30 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 215 (5) To avoid doubt, for the purposes of performing the function in1 subsection (1), the ACIC may:2 (a) make a criminal intelligence assessment at any time for3 purposes related to a background check that:4 (i) is being undertaken; or5 (ii) has previously been undertaken; and6 (b) make more than one criminal intelligence assessment for7 purposes related to the same background check.8 Certain criminal intelligence assessments that are not adverse9 (6) Despite subsections (1) and (2), the ACIC must make a criminal10 intelligence assessment in respect of a person that is not an adverse11 criminal intelligence assessment if the person is not identified in a12 search of intelligence held by the ACIC that is conducted in13 accordance with the instructions issued by the Director-General14 under subsection (7).15 Note: The Director-General may arrange for the use of a computer program16 to make criminal intelligence assessments to which this subsection17 applies: see section 215.18 (7) The Director-General must, in writing, issue instructions about the19 conducting of searches for the purposes of subsection (6).20 (8) Instructions issued under subsection (7) are not a legislative21 instrument.22 212 Giving criminal intelligence assessments to Commonwealth23 agencies24 Criminal intelligence assessments that are not adverse25 (1) The ACIC may give a criminal intelligence assessment, that is not26 an adverse criminal intelligence assessment, in respect of a person27 to a Commonwealth agency for purposes related to:28 (a) a firearms background check of the person; or29 (b) a background check of the person that is required or30 permitted by any of the following:31