Performance of national policing information functions
13 Performance of national policing information functions
The ACC must not perform its national policing information functions other than:
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
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
in, or for purposes related to, a Territory; or
in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or
for purposes related to trade or commerce:
between Australia and places outside Australia; or
among the States; or
within a Territory, between a State and a Territory, or between 2 Territories; or
for purposes related to external affairs, including:
giving effect to an international agreement to which Australia is a party; or
addressing matters of international concern; or
by way of the performance of its functions in a place outside Australia; or
for purposes related to preventing the influx of criminals into Australia; or
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
by way of the provision of a service, for a purpose of the Commonwealth, to:
the Commonwealth; or
an authority of the Commonwealth; or
for purposes related to the executive power of the Commonwealth; or
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.
In providing a nationally coordinated criminal history check, the ACC must comply with any condition or restriction determined by the Board.
In this section:
Territory means a Territory referred to in section 122 of the Constitution.
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