216Australian Criminal Intelligence Commission Bill 2026 No. , 2026

216 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (i) the Aviation Transport Security Act 2004 or regulations1 under that Act;2 (ii) the Maritime Transport and Offshore Facilities Security3 Act 2003 or regulations under that Act;4 (iii) an Act prescribed by the rules for the purposes of5 subparagraph 210(2)(a)(iii) or (b)(iii), or a legislative6 instrument under that Act.7 (2) Despite subsection (1), the ACIC must give a criminal intelligence8 assessment, that is not an adverse criminal intelligence assessment,9 in respect of a person to a Commonwealth agency for purposes10 mentioned in subsection (1) if the criminal intelligence assessment11 is made in accordance with subsection 211(6).12 Note: The Director-General may arrange for the use of a computer program13 to give certain kinds of criminal intelligence assessments to14 Commonwealth agencies: see section 215.15 Adverse criminal intelligence assessments16 (3) The Director-General may cause an adverse criminal intelligence17 assessment in respect of a person to be given to a Commonwealth18 agency for purposes related to:19 (a) a firearms background check of the person; or20 (b) a background check of the person that is required or21 permitted by any of the following:22 (i) the Aviation Transport Security Act 2004 or regulations23 under that Act;24 (ii) the Maritime Transport and Offshore Facilities Security25 Act 2003 or regulations under that Act;26 (iii) an Act prescribed by the rules for the purposes of27 subparagraph 210(2)(a)(iii) or (b)(iii), or a legislative28 instrument under that Act.29 (4) If the Director-General considers that giving a Commonwealth30 agency an adverse criminal intelligence assessment in respect of a31 person would prejudice law enforcement or intelligence interests or32 security, the Director-General may decide not to cause the33 assessment to be given to the agency.34

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 217 (5) An adverse criminal intelligence assessment given to a1 Commonwealth agency under subsection (3) must be accompanied2 by:3 (a) a statement of the grounds for the assessment (which is taken4 to be part of the assessment); and5 (b) if, under subsection (7), the Director-General makes a6 certificate in relation to information contained in the7 assessment—a copy of the certificate.8 (6) The statement of the grounds for the adverse criminal intelligence9 assessment must contain all information that the ACIC relied on in10 making the assessment, other than:11 (a) subject to subsection (8), information in relation to which the12 Director-General has made a certificate under subsection (7);13 and14 (b) information the disclosure of which would be contrary to a15 law of the Commonwealth, a State or a Territory.16 Certification of prejudicial information17 (7) The Director-General may certify, in writing, that the18 Director-General is satisfied that disclosing particular information19 contained in an adverse criminal intelligence assessment, including20 particular information contained in the statement of the grounds for21 the assessment, to the person in respect of whom the assessment22 was made would prejudice law enforcement or intelligence23 interests or security.24 (8) If the Director-General makes a certificate under subsection (7) in25 relation to information, the Director-General may decide not to26 cause the information to be given to a Commonwealth agency27 under subsection (3) or (5). However, the Minister may, after28 consulting the Director-General, direct the Director-General to29 cause the information to be given to the Commonwealth agency.30 Certificates and written directions not legislative instruments31 (9) A certificate made under subsection (7) is not a legislative32 instrument.33