Document ID: chunk:federal_register_of_legislation:C2016A00045:clause:1_13
Version: federal_register_of_legislation:C2016A00045
Segment Type: clause
Provision Reference: sch 1 cl 13
Character Range: 6325–8447

13  Performance of national policing information functions
 (1) The ACC must not perform its national policing information functions other than:
 (a) for purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or
 (b) for purposes involving, or for purposes related to, the collection and transmission of information by a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or
 (c) in, or for purposes related to, a Territory; or
 (d) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or
 (e) for purposes related to trade or commerce:
 (i) between Australia and places outside Australia; or
 (ii) among the States; or
 (iii) within a Territory, between a State and a Territory, or between 2 Territories; or
 (f) for purposes related to external affairs, including:
 (i) giving effect to an international agreement to which Australia is a party; or
 (ii) addressing matters of international concern; or
 (iii) by way of the performance of its functions in a place outside Australia; or
 (g) for purposes related to preventing the influx of criminals into Australia; or
 (h) for purposes related to the service and execution throughout the Commonwealth of the civil and criminal process and the judgments of the courts of the States; or
 (i) by way of the provision of a service, for a purpose of the Commonwealth, to:
 (i) the Commonwealth; or
 (ii) an authority of the Commonwealth; or
 (j) for purposes related to the executive power of the Commonwealth; or
 (k) for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.
 (2) In providing a nationally coordinated criminal history check, the ACC must comply with any condition or restriction determined by the Board.
 (3) In this section:
Territory means a Territory referred to in section 122 of the Constitution.