222Australian Criminal Intelligence Commission Bill 2026 No. , 2026

222 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 subsection 211(1), (the substituted action) in substitution for1 specified criminal intelligence assessment action the ACIC is2 treated as having taken under subsection (5) of this section if the3 ACIC is satisfied that the specified criminal intelligence4 assessment action taken by the operation of the computer program5 is not the correct or preferable action.6 (7) The substituted action takes effect on:7 (a) if the ACIC specifies the day on which the substituted action8 takes effect—that specified day; or9 (b) otherwise—the day of the specified criminal intelligence10 assessment action taken by the operation of the computer11 program.12 (8) The day specified under paragraph (7)(a) may be earlier than the13 day the substituted action is taken but not earlier than the day of14 the specified criminal intelligence assessment action taken by the15 operation of the computer program.16 ACIC may still take specified criminal intelligence assessment17 action18 (9) An arrangement under subsection (1) does not prevent the ACIC19 from taking specified criminal intelligence assessment action.20 Arrangement not a legislative instrument21 (10) An arrangement under subsection (1) is not a legislative22 instrument.23 216 Oversight and safeguards for automation of specified criminal24 intelligence assessment action25 (1) The Director-General must take all reasonable steps to ensure that26 specified criminal intelligence assessment action taken by the27 operation of a computer program under an arrangement under28 subsection 215(1) is specified criminal intelligence assessment29 action that the ACIC could validly take under section 211 or 212.30 Automation of specified criminal intelligence assessment action Division 3 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 223 (2) Without limiting subsection (1), the Director-General must do the1 things (if any) prescribed by the rules for the purposes of this2 subsection.3 Note: Specified criminal intelligence assessment action may still be invalid4 even if subsections (1) and (2) are complied with.5 (3) A failure to comply with subsection (1) or (2) does not affect the6 validity of the specified criminal intelligence assessment action7 taken by the operation of a computer program under an8 arrangement under subsection 215(1).9 Division 4 Review of adverse criminal intelligence assessments 224 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 4—Review of adverse criminal intelligence1 assessments2 217 Applications to Tribunal3 (1) An application may be made to the Tribunal for review of a4 decision of the ACIC under section 211 to make an adverse5 criminal intelligence assessment.6 Note 1: Section 18 of the ART Act generally requires an application for7 review of a decision to be made within the period prescribed by rules8 made under that Act.9 Note 2: See also subsections (4) and (5) (about an exception to subsection (1)).10 (2) An application under subsection (1) may be made by the person in11 respect of whom the assessment was made and who has been given12 notice of the assessment under section 213.13 Interaction with the ART Act14 (3) Subsection (2) has effect despite subsection 17(1) of the ART Act15 (about who can apply for review).16 Exception17 (4) Subsection (1) does not apply if the adverse criminal intelligence18 assessment was in relation to any of the following decisions under19 a law of a State or Territory:20 (a) a decision about whether to issue a firearms licence or21 otherwise relating to the issue of such a licence (including in22 relation to conditions);23 (b) a decision about whether to renew, revoke, vary or suspend a24 licence mentioned in paragraph (a).25 (5) Despite subsection (4), subsection (1) does apply in the26 circumstances prescribed by the rules for the purposes of this27 subsection.28 Review of adverse criminal intelligence assessments Division 4 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 225 218 Restriction on further assessments after review1 If the Tribunal has made findings upon a review of an adverse2 criminal intelligence assessment, the ACIC must not make a3 further criminal intelligence assessment in respect of the person4 concerned that is not in accordance with those findings except on5 the basis of matters occurring after the review or of evidence that6 was not available at the time of the review.7