40Australian Criminal Intelligence Commission Bill 2026 No. , 2026

40 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (2) An amount of charge imposed by the Charges Act on an1 application to the ACIC for a nationally coordinated criminal2 history check service:3 (a) is a debt due to the Commonwealth; and4 (b) is recoverable by the ACIC, on behalf of the Commonwealth,5 in a court of competent jurisdiction.6 Waiver etc. of charge7 (3) The ACIC may, on behalf of the Commonwealth:8 (a) waive or reduce charge imposed by the Charges Act on an9 application for a nationally coordinated criminal history10 check service in the circumstances prescribed by the rules for11 the purposes of this paragraph; or12 (b) refund, in whole or in part, charge imposed by the Charges13 Act on an application for a nationally coordinated criminal14 history check service in the circumstances prescribed by the15 rules for the purposes of this paragraph.16 Commonwealth liability for charge17 (4) The Commonwealth is not liable to pay charge imposed by the18 Charges Act. However, it is the Parliament’s intention that the19 Commonwealth should be notionally liable to pay such a charge.20 (5) The Finance Minister may give such written directions as are21 necessary or convenient for carrying out or giving effect to22 subsection (4) and, in particular, may give directions in relation to23 the transfer of money within an account, or between accounts,24 operated by the Commonwealth.25 (6) Directions under subsection (5) have effect, and must be complied26 with, despite any other Commonwealth law.27 (7) Directions under subsection (5) are not legislative instruments.28 (8) In subsections (4) and (5):29 Commonwealth includes a Commonwealth entity (within the30 meaning of the Public Governance, Performance and31 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 41 Accountability Act 2013) that cannot be made liable to taxation by1 a Commonwealth law.2 42 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 3—The Director-General of the ACIC1 33 Director-General2 There is to be a Director-General of the Australian Criminal3 Intelligence Commission.4 34 Functions of Director-General5 (1) The Director-General has the following functions:6 (a) to manage the affairs of the ACIC;7 (b) to ensure the ACIC performs its functions;8 (c) any other functions conferred on the Director-General by this9 Act or another Act;10 (d) to do anything incidental or conducive to the performance of11 any of the above functions.12 (2) The Director-General has power to do all things necessary or13 convenient to be done for or in connection with the performance of14 the Director-General’s functions.15