Document ID: chunk:federal_register_of_legislation:F2023L01030:reg:6
Version: federal_register_of_legislation:F2023L01030
Segment Type: reg
Provision Reference: reg 6
Character Range: 3140–4925

6  Matters to be taken into account
        (1)           In conducting a criminal intelligence assessment, the matters to be taken into account include:
           (a)     the nature of the relevant prescribed administrative action;
           (b)     intelligence or information available to the ACIC relevant to whether the assessment subject may commit, or assist another person to commit a serious and organised crime; and
           (c)     the extent to which the criminal intelligence assessment would prevent the use of aviation or maritime transport or offshore facilities in connection with serious crime.
        (2)           In relation to subparagraph (1)(b):
           (a)      intelligence or information should be directly, indirectly or circumstantially relevant to the assessment subject and to the use of aviation, or maritime or offshore facilities, in connection with serious and organised crime.
           (b)      the nature and origin of the information relied on should be considered carefully. In particular, frivolous or vexatious complaints are not sufficient to suggest the assessment subject may commit, or assist another person to commit a serious and organised crime.
           (c)      incidental contact, or a passive association based on family connections to individuals suspected of being involved in serious and organised crime is not, of itself, sufficient to conclude the assessment subject may commit, or assist another person to commit a serious and organised crime.
           (d)      close or regular contact with individuals suspected of being involved in serious and organised crime may be sufficient in some cases to suggest that the assessment subject may commit, or assist another person to commit a serious and organised crime.