Australian Crime Commission (National Policing Information Charges) Determination 2024

Administered by Department of Home Affairs

Legislation au F2024L00684 In force Legislative Instrument

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AUSTRALIAN CRIME COMMISSION (NATIONAL POLICING INFORMATION CHARGES) DETERMINATION 2024

EXPLANATORY STATEMENT

Issued by the Attorney-General under section 7 of the Australian Crime Commission (National Policing Information Charges) Act 2016 (the Charges Act).

PURPOSE AND OPERATION OF THE INSTRUMENT

Authority

The Australian Crime Commission (National Policing Information Charges) Determination 2024 (the Determination) is made under section 7 of the Charges Act, which provides that the relevant Minister, in this case the Attorney-General, may determine the amount charged for an application for, or the provision of, a kind of national policing information (NPI) service such as a Nationally Coordinated Criminal History Check (NCCHC).

The Determination is a legislative instrument for the purposes of the Legislation Act 2003.

The Determination will commence on 1 July 2024.

Purpose

The Determination repeals and replaces the Australian Crime Commission (National Policing Information Charges) Determination 2016, and increases the amount charged for a NCCHC provided to the Australian Federal Police (AFP) or a police force of a state or territory from $21.00 to $28.00, and a NCCHC provided to an accredited body from $23.00 to $28.00 from 1 July 2024.

The Determination does not change the charge for a NCCHC relating to a volunteer provided to the AFP, a police force of a state or territory, or an accredited body, which will remain at $7.00.

Background

The Charges Act provides the Australian Criminal Intelligence Commission (ACIC) with the legislative basis to impose charges, as taxes, for the provision of NPI services and to support the ACIC’s self-funded business model.

The National Police Checking Service (NPCS) non-core check is the only NPI service for which the Minister must determine the charge through legislative instrument under section 7 of the Charges Act. Section 7 also authorises the Minister to determine different amounts for different classes of person in relation to the same kind of service, and provides that the Minister must have regard to any recommendations made by the ACIC Board.

Following a recommendation from the ACIC Board to increase the charge for a NCCHC, the Attorney-General determined that the charge for a NCCHC is to be increased to $28.00 from 1 July 2024. This increase is aligned with the average CPI increase over the previous 10-year period, as no change has been made to the cost of a NCCHC in that time.

CONSULTATION

The Attorney-General’s Department has worked closely with the ACIC on the development of the Determination.

REGULATION IMPACT STATEMENT

An Impact Analysis is not required for this instrument. Office of Impact Analysis ID: OIA24-07348.

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

The Determination is compatible with the human rights and freedoms recognised or declared in the international instrument listed in in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Instrument

The Australian Crime Commission (National Policing Information Charges) Determination 2024 (the Determination) repeals and replaces the Australian Crime Commission (National Policing Information Charges) Determination 2016 and increases the charge for a Nationally Coordinated Criminal History Check (NCCHC) provided to the Australian Federal Police (AFP) or a police force of a State or Territory from $21.00 to $28.00, and a NCCHC provided to an accredited body from $23.00 to $28.00 from 1 July 2024.

The cost for a NCCHC relating to a volunteer provided to the AFP, a police force of a state or territory, or an accredited body will remain at $7.00.  

Human rights implications

The Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 as the Determination does not engage any of the applicable rights and freedoms.

The Determination is facilitative in nature. It exercises a mechanism provided in the Australian Crime Commission (National Policing Information Charges) Act 2016 that allows the Minister to determine the charge amount to be imposed for the provision of national policing information services, such as a NCCHC, in a legislative instrument.

Conclusion

The Determination is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

 

 

 

 

 

 

 

 

 


Attachment A

 

NOTES ON SECTIONS

 

Section 1 – Name

 

Section 1 provides that the title of the instrument is the Australian Crime Commission (National Policing Information Charges) Determination 2024 (the Determination).

 

Section 2 – Commencement

 

The Determination commences on 1 July 2024.  

 

Section 3 – Authority

 

Section 3 provides that the Determination is made under the Australian Crime Commission (National Policing Information Charges) Act 2016 (the Charges Act).

Section 4 – Schedules

 

Section 4 provides that the Determination amends or repeals any other instrument specified in a Schedule as set out in the applicable items to that Schedule.

Section 5 – Definitions

 

Section 5 defines a number of terms for the purposes of the Determination:

 

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

 

Act means the Charges Act.    

    

nationally coordinated criminal history check has the same meaning as in the Australian Crime Commission Act 2002.

 

Section 6 – Amount of national policing information charge for nationally coordinated criminal history check

 

Section 6 provides that, for the purposes of subsection 7(1) of the Charges Act, for an NPI service provided by the ACIC, the amount of the NPI charge is:

  • for a NCCHC provided to the Australian Federal Police (AFP) or a police force of a State or Territory – $28.00,
  • for a NCCHC provided to an accredited body – $28.00, and
  • for a NCCHC relating to a volunteer provided to the AFP, a police force of a State or Territory, or an accredited body – $7.00.

SCHEDULE 1 – REPEALS

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

Section 1 – The whole of the instrument

Section 1 of Schedule 1 to the Determination repeals the whole of the Australian Crime Commission (National Policing Information Charges) Determination 2016.

Overview

The Australian Crime Commission (National Policing Information Charges) Determination 2024 is enacted under section 7 of the Australian Crime Commission (National Policing Information Charges) Act 2016 (the Charges Act). The primary objective of this Determination is to adjust the charges for Nationally Coordinated Criminal History Checks (NCCHC) provided to the Australian Federal Police (AFP) or a state or territory police force, and to accredited bodies. This legislative instrument was introduced to ensure the Australian Criminal Intelligence Commission (ACIC) can effectively fund its operations through the provision of national policing information services. The Determination will increase the charge for a NCCHC from $21.00 to $28.00 for the AFP and state or territory police forces, and from $23.00 to $28.00 for accredited bodies, while maintaining the volunteer charge at $7.00. This change is set to take effect from 1 July 2024. The Determination also repeals the Australian Crime Commission (National Policing Information Charges) Determination 2016 in its entirety.

Scope and Application

The Australian Crime Commission (National Policing Information Charges) Determination 2024 (the Determination) is a legislative instrument made under section 7 of the Australian Crime Commission (National Policing Information Charges) Act 2016 (the Charges Act), which empowers the relevant Minister, in this case the Attorney-General, to determine the charge amount for an application for, or the provision of, a kind of national policing information (NPI) service. This instrument increases the charge for a Nationally Coordinated Criminal History Check (NCCHC) provided to the Australian Federal Police (AFP) or a police force of a state or territory from $21.00 to $28.00, and a NCCHC provided to an accredited body from $23.00 to $28.00, effective from 1 July 2024. The charge for a NCCHC relating to a volunteer remains at $7.00. This Determination applies to entities such as the Australian Federal Police, police forces of states and territories, and accredited bodies that are involved in the provision of NPI services. The charge increase is aligned with the average Consumer Price Index (CPI) increase over the previous 10-year period, reflecting a necessary adjustment to the cost of providing these services. The Determination repeals the Australian Crime Commission (National Policing Information Charges) Determination 2016 in its entirety, and while no subordinate instruments extend or restrict its application, the Attorney-General’s Department has closely collaborated with the Australian Criminal Intelligence Commission in its development.

Key Provisions

The Australian Crime Commission (National Policing Information Charges) Determination 2024, made under section 7 of the Australian Crime Commission (National Policing Information Charges) Act 2016 (the Charges Act), sets out the revised charges for a Nationally Coordinated Criminal History Check (NCCHC) provided by the Australian Criminal Intelligence Commission (ACIC). Effective from 1 July 2024, the new charges are $28.00 for checks provided to the Australian Federal Police (AFP) or a police force of a state or territory, and $28.00 for checks provided to an accredited body. The charge for a NCCHC relating to a volunteer remains unchanged at $7.00. This legislative instrument not only updates the fees but also repeals the Australian Crime Commission (National Policing Information Charges) Determination 2016 to ensure the most current charges are in effect. The Determination imposes specific obligations on entities that provide or request NCCHCs. The ACIC must charge the updated rates specified in Section 6 of the Determination for the provision of NCCHCs to the AFP, state or territory police forces, and accredited bodies. Accredited bodies and police forces must comply with these charges when requesting NCCHCs. Furthermore, the ACIC is required to maintain records of all transactions and charges in accordance with the Charges Act and the new Determination. The ACIC must also ensure that the charge increase is aligned with the average Consumer Price Index (CPI) increase over the previous 10-year period, as stipulated by the Determination. The Determination does not explicitly outline specific offences, penalties, or consequences for breach. However, any breach of the Charges Act or non-compliance with the updated charges could potentially lead to legal action under the relevant provisions of the Act. Parties not adhering to the updated charges could face civil actions for non-payment or incorrect charging, while the ACIC could face scrutiny or legal consequences for improperly administering charges. Additionally, failure to comply with the Determination could result in administrative penalties or legal disputes regarding the validity of the charges and the enforcement of the updated fees.

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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.