Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The ACC may give an adverse criminal intelligence assessment in respect of a person to a Commonwealth agency for purposes related to a background check of the person that is required or permitted by any of the following:
(a) the Aviation Transport Security Act 2004 or regulations under that Act;
(b) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act.
(2) If the ACC considers that giving a Commonwealth agency an adverse criminal intelligence assessment in respect of a person would prejudice law enforcement interests, the ACC may decide not to give the assessment to the agency.
(3) An adverse criminal intelligence assessment given to a Commonwealth agency under subsection (1) must be accompanied by:
(a) a statement of the grounds for the assessment (which is taken to be part of the assessment); and
(b) if, under subsection (5), the CEO makes a certificate in relation to information contained in the assessment--a copy of the certificate.
(4) The statement of the grounds for the assessment must contain all information that the ACC relied on in making the assessment, other than:
(a) subject to subsection (6), information in relation to which the CEO has made a certificate under subsection (5); and
(b) information the disclosure of which would be contrary to a law of the Commonwealth, a State or a Territory.
(5) The CEO may certify, in writing, that the CEO is satisfied that disclosing particular information contained in an adverse criminal intelligence assessment, including particular information contained in the statement of the grounds for the assessment, to the person in respect of whom the assessment was made would prejudice law enforcement interests or security.
(6) If the CEO makes a certificate under subsection (5) in relation to information, the ACC may decide not to give the information to a Commonwealth agency under subsection (1). However, the Minister may, after consulting the CEO, direct the ACC to give the information to the Commonwealth agency.
(7) A certificate made under subsection (5) is not a legislative instrument.
(8) If the direction under subsection (6) is made in writing, the direction is not a legislative instrument.