54CMaking criminal intelligence assessments

54C  Making criminal intelligence assessments

General

 (1) The ACC may make criminal intelligence assessments for purposes related to:

 (a) firearms background checks; or

 (b) background checks required or permitted by any of the following:

 (iii) an Act prescribed by the regulations for the purposes of subparagraph 54A(2)(a)(iii) or (b)(iii), or a legislative instrument under that Act.

Note: The making of criminal intelligence assessments is separate to, and does not affect, the ACC’s function of providing strategic criminal intelligence assessments to the Board (as referred to in paragraph 7A(e)) and the Board’s function of disseminating those strategic criminal intelligence assessments (as referred to in paragraph 7C(1)(g)).

 (2) The CEO may, by legislative instrument, determine the following in relation to the making of criminal intelligence assessments:

 (a) the matters that must be taken into account;

 (b) the manner in which those matters must be taken into account;

 (c) the matters that must not be taken into account.

 (3) The CEO must not make a determination under subsection (2) unless the CEO has consulted the Minister.

 (4) If the ACC, in making a criminal intelligence assessment, considers that making an adverse criminal intelligence assessment in respect of a person would prejudice law enforcement or intelligence interests, the ACC may decide not to make the assessment.

 (5) To avoid doubt, for the purposes of performing the function in subsection (1), the ACC may:

 (a) make a criminal intelligence assessment at any time for purposes related to a background check that:

 (i) is being undertaken; or

 (ii) has previously been undertaken; and

 (b) make more than one criminal intelligence assessment for purposes related to the same background check.

Certain criminal intelligence assessments that are not adverse

 (6) Despite subsections (1) and (2), the ACC must make a criminal intelligence assessment in respect of a person that is not an adverse criminal intelligence assessment if the person is not identified in a search of intelligence held by the ACC that is conducted in accordance with the instructions issued by the CEO under subsection (7).

Note: The CEO may arrange for the use of a computer program to make criminal intelligence assessments to which this subsection applies: see section 54G.

 (7) The CEO must, in writing, issue instructions about the conducting of searches for the purposes of subsection (6).

 (8) Instructions issued under subsection (7) are not a legislative instrument.