7Application provision

7  Application provision

The amendments made by this Division apply in respect of years of income in which proceeds are derived as a result of firearms surrender arrangements.

Part 2—Firearms background checks

Division 1—AusCheck amendments

8  Subsection 4(1)

CEO of ACIC means the Chief Executive Officer of the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002.

firearms background check means a background check conducted under regulations made for the purposes of paragraph 8(1)(f).

firearms licensing authority has the meaning given by regulations made for the purposes of this definition.

law enforcement agency means an authority of the Commonwealth, or an authority of a State or Territory, that has functions relating to law enforcement.

national security agency means:

 (a) the Australian Security Intelligence Organisation; or

 (b) the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002; or

 (c) any other agency of the Commonwealth prescribed by the regulations.

9  Paragraph 5(ba)

After “8(1)(a)”, insert “or (f)”.

10  At the end of subsection 8(1)

Add:

 ; or (f) the check is of an individual in connection with any of the following:

 (i) a decision under a law of a State or Territory about whether to issue a firearms licence to the individual or otherwise relating to the issue of such a licence (including in relation to conditions);

 (ii) a decision about whether to renew, revoke, vary or suspend a licence mentioned in subparagraph (i);

 (iii) in relation to an individual who holds a firearms licence—an application by a law enforcement agency or a national security agency.

11  After subsection 8(4)

Firearms background checks

 (4A) If paragraph (1)(f) applies, a firearms background check of an individual may only take into account one or more of the following:

 (a) an assessment by the Australian Security Intelligence Organisation of the individual under the Australian Security Intelligence Organisation Act 1979;

 (b) a criminal intelligence assessment (within the meaning of Part III of the Australian Crime Commission Act 2002) of the individual under that Act;

 (c) the citizenship status of the individual.

12  After section 10A