31Fees in relation to national policing information functions18

31 Fees in relation to national policing information functions18 (1) The ACIC may, on behalf of the Commonwealth, charge fees19 prescribed by the rules for goods or services that are provided by20 the ACIC in the course of performing its national policing21 information functions.22 (2) Without limiting the scope of rules that may be made for the23 purposes of subsection (1), or subsection 33(3A) of the Acts24 Interpretation Act 1901, the rules may do one or more of the25 following:26 (a) prescribe a fee by specifying the amount of the fee or a27 method of working out the fee;28 (b) prescribe 2 or more fees for the same matter;29 (c) specify the circumstances in which a specified fee is payable,30 including by providing that the fee is payable if the ACIC is31 satisfied of specified matters;32 (d) prescribe different fees for different classes of persons or33 activities;34

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 39 (e) specify that the amount of a fee is the cost (including the1 internal cost) incurred by the ACIC or the Commonwealth in2 arranging and paying for another person to carry out the3 relevant activity;4 (f) prescribe circumstances in which a person is exempt from5 paying a specified fee;6 (g) make provision for when and how fees are to be paid;7 (h) make provision in relation to penalties for late payment of8 specified fees;9 (i) make provision in relation to the circumstances in which the10 ACIC may refund, remit or waive fees or penalties for late11 payment of fees.12 (3) However, rules made for the purposes of subsection (1) must not13 provide for the charging of a fee for goods or services that are14 provided by the ACIC in the course of performing its national15 policing information functions if charge is imposed by the Charges16 Act in relation to the goods or services.17 (4) The amount of a fee may be nil.18 (5) A fee charged under subsection (1) must not be such as to amount19 to taxation.20 (6) A fee charged under subsection (1):21 (a) is a debt due to the ACIC, on behalf of the Commonwealth;22 and23 (b) is recoverable by the ACIC, on behalf of the Commonwealth,24 in a court of competent jurisdiction.25