Australian Crime Commission (National Policing Information Charges) Determination 2016

Administered by Attorney-General's Department

Legislation au F2016L00678 Not in force Legislative Instrument

Legislation content

Australian Crime Commission (National Policing Information Charges) Determination 2016

made under the

Australian Crime Commission (National Policing Information Charges) Act 2016

Compilation No. 1

Compilation date:   15 August 2019

Registered:    15 August 2019

 

 

 

 

 

 

 

 

 

This compilation only includes an editorial change

 

About this compilation

This compilation

This is a compilation of the Australian Crime Commission (National Policing Information Charges) Determination 2016 that shows the text of the law as amended and in force on 15 August 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

4 Definitions

5 Charges for national policing information services

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Editorial changes

 

1  Name

  This is the Australian Crime Commission (National Policing Information Charges) Determination 2016.

3  Authority

  This instrument is made under the Australian Crime Commission (National Policing Information Charges) Act 2016.

4  Definitions

  In this instrument:

accredited body has the same meaning as in the Australian Crime Commission Act 2002.

Act means the Australian Crime Commission (National Policing Information Charges) Act 2016.

criminal history check means a check on whether criminal records relating to an individual exist, other than a check provided by the Australian Federal Police, a police force of a State or Territory, or an accredited body, in the course of police operations or general administration.

5  Charges for national policing information services

  For subsection 7(1) of the Act, for a national policing information service of a kind mentioned in column 1 of an item that is provided to the Australian Crime Commission by an entity mentioned in column 2 of that item, the charge mentioned in column 3 of that item is prescribed:

 

Item

Column 1

Column 2

Column 3

 

If the national policing information service is …

and is provided by the Australian Crime Commission to …

the charge is …

1

a criminal history check

the Australian Federal Police or a police force of a State or Territory

$21.00

2

a criminal history check

an accredited body

$23.00

3

a criminal history check relating to a volunteer

any of the following:

(a) the Australian Federal Police;

(b) a police force of a State or Territory;

(c) an accredited body

$7.00

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Australian Crime Commission (National Policing Information Charges) Determination 2016

6 May 2016 (F2016L00678)

1 July 2016 (s 2(1) item 1)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

ed C1

 

rep LA s 48D

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

 

Subsection 2(1) (table item 1, column 2)

 

Kind of editorial change

 

Update to a reference of a law or a provision

 

Details of editorial change

 

This compilation was editorially changed to update a reference from Australian Crime Commission Amendment (National Policing Information Charges) Act 2016 to Australian Crime Commission (National Policing Information Charges) Act 2016 in subsection 2(1) (table item 1, column 2) to reflect the intention for the whole of this instrument to commence at the same time as the Australian Crime Commission (National Policing Information Charges) Act 2016.

 

Overview

The Australian Crime Commission (National Policing Information Charges) Determination 2016 was enacted under the Australian Crime Commission (National Policing Information Charges) Act 2016. This legislative instrument was introduced to address the need for establishing charges for the provision of national policing information services by the Australian Crime Commission to certain entities. The policy objective behind this determination is to ensure that the provision of such services is financially sustainable and appropriately compensated, facilitating the efficient operation of policing activities across the nation. The determination sets out specific charges for different types of criminal history checks provided to various entities, such as the Australian Federal Police, state or territory police forces, and accredited bodies. This legislative instrument was made by the Parliament of Australia and came into effect on 1 July 2016.

Scope and Application

The Australian Crime Commission (National Policing Information Charges) Determination 2016 is a legislative instrument made under the Australian Crime Commission (National Policing Information Charges) Act 2016. It applies to specific charges for national policing information services, namely criminal history checks, which are provided by certain entities to particular recipients such as the Australian Federal Police, state or territory police forces, and accredited bodies. The determination outlines the charges for these services, with different rates applying depending on the type of check and the recipient. This instrument applies across the Commonwealth of Australia, and its provisions are effective as of 1 July 2016. The determination does not explicitly state any exclusions or exemptions, but the charges are prescribed specifically for services provided in accordance with the Act. Any further specifications or modifications to the charges or services covered would be made through subordinate instruments under the authority of the Act. The endnotes included in the compilation provide detailed legislative history, amendment history, and editorial changes, ensuring transparency and clarity in the application and evolution of the legislation.

Key Provisions

The Australian Crime Commission (National Policing Information Charges) Determination 2016 sets out the fees charged for the provision of certain national policing information services. Specifically, section 5 prescribes charges for criminal history checks provided by the Australian Crime Commission (ACC) to the Australian Federal Police, state or territory police forces, or accredited bodies (sections 5(1) and 5(2)). For criminal history checks provided to the Australian Federal Police or a police force of a State or Territory, the charge is $21.00 (section 5(1)(a)), and for checks provided to an accredited body, the charge is $23.00 (section 5(1)(b)). For criminal history checks relating to volunteers, the charge is $7.00, regardless of whether the check is provided to the Australian Federal Police, a police force of a State or Territory, or an accredited body (section 5(1)(c)). The determination imposes certain obligations on the parties involved. The ACC is required to charge the prescribed fees for the provision of national policing information services as outlined in section 5 (section 7(1)). The Australian Federal Police, state or territory police forces, and accredited bodies must pay the prescribed fees when they receive the specified services from the ACC (section 7(1)). These obligations ensure that there is a clear understanding of the financial responsibilities and entitlements of each party under the determination. There are no explicit offences, penalties, or civil or criminal consequences outlined in the determination for breaches of the prescribed charges. However, non-compliance with the determination could potentially lead to disputes over the payment of fees and may affect the operational dynamics between the ACC and the other parties. It is important for all parties to adhere to the prescribed fees to ensure smooth transactions and avoid any potential conflicts.

Legal classification tags

Area of Law
Criminal Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Charges for national policing information services
Licensing & Registration

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.