213Person to be notified of adverse criminal intelligence assessment3

213 Person to be notified of adverse criminal intelligence assessment3 (1) If an adverse criminal intelligence assessment in respect of a4 person is given to a Commonwealth agency under5 subsection 212(3), the Commonwealth agency must give written6 notice of the assessment to the person.7 Note: See also subsections (3) to (5) (about exceptions to subsection (1)).8 Timing and content of notice9 (2) The written notice must:10 (a) be given to the person before the end of the period of 14 days11 beginning on the day after:12 (i) unless subparagraph (ii) applies—the day the adverse13 criminal intelligence assessment is given to the14 Commonwealth agency; or15 (ii) if a certificate under subsection (6) that was in force in16 relation to the adverse criminal intelligence assessment17 is subsequently revoked—the day the certificate is18 revoked; and19 (b) inform the person of the making of the adverse criminal20 intelligence assessment; and21 (c) include the statement of the grounds for the adverse criminal22 intelligence assessment that was given to the Commonwealth23 agency (other than information in relation to which the24 Director-General has made a certificate under25 subsection 212(7)); and26 (d) contain information concerning the person’s right to apply to27 the Tribunal for a review of the adverse criminal intelligence28 assessment.29 Exception—firearms30 (3) Subsection (1) does not apply if the adverse criminal intelligence31 assessment is given to the Commonwealth agency in relation to32 any of the following decisions under a law of a State or Territory:33 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 219 (a) a decision about whether to issue a firearms licence or1 otherwise relating to the issue of such a licence (including in2 relation to conditions);3 (b) a decision about whether to renew, revoke, vary or suspend a4 licence mentioned in paragraph (a).5 (4) Despite subsection (3), subsection (1) does apply in the6 circumstances prescribed by the rules for the purposes of this7 subsection.8 Exception—Minister’s certificate9 (5) Subsection (1) does not apply if a certificate made under10 subsection (6) is in force in relation to the adverse criminal11 intelligence assessment.12 (6) The Minister may certify, in writing, that the Minister is satisfied13 that the withholding of notice to a person of the making of an14 adverse criminal intelligence assessment in respect of the person is15 essential to either or both of the following:16 (a) avoiding prejudice to law enforcement or intelligence17 interests;18 (b) security.19 Note: Security has the same meaning as in the Australian Security20 Intelligence Organisation Act 1979: see section 7.21 (7) If the Minister makes a certificate under subsection (6) in relation22 to an adverse criminal intelligence assessment, the Minister must:23 (a) give a copy of the certificate to the Commonwealth agency to24 which the assessment was given under subsection 212(3);25 and26 (b) before the end of the following periods (unless the certificate27 is revoked earlier), consider whether to revoke the certificate:28 (i) the period of 12 months beginning on the day on which29 the certificate was made;30 (ii) each subsequent 12 month period.31 (8) A certificate made under subsection (6) is not a legislative32 instrument.33