Australian Crime Commission (National Policing Information Charges) Act 2016

No. 44, 2016

An Act to impose national policing information charges as taxes, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 External Territories 2

4 Property of a State 2

5 Definitions 2

6 Imposition of national policing information charges 3

7 Charge amounts 3

8 Exemption from charge 3

Australian Crime Commission (National Policing Information Charges) Act 2016

No. 44, 2016

An Act to impose national policing information charges as taxes, and for related purposes

[Assented to 5 May 2016]

The Parliament of Australia enacts:
1 Short title

This Act may be cited as the Australian Crime Commission (National Policing Information Charges) Act 2016.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act At the same time as the Australian Crime Commission Amendment (National Policing Information) Act 2016 commences. However, the provisions do not commence at all if that Act does not commence. 1 July 2016

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 External Territories

This Act extends to every external Territory.
4 Property of a State

This Act does not impose a tax on property of any kind belonging to a State.
5 Definitions

In this Act:

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

national policing information has the same meaning as in the Australian Crime Commission Act 2002.

national policing information charge means a charge imposed by section 6.

property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
6 Imposition of national policing information charges

National policing information charges are imposed on the following:

 a

applications to the Australian Crime Commission for national policing information services;

 b

provision by the Australian Crime Commission of national policing information services.
7 Charge amounts 1

The amount of a national policing information charge for an application for, or the provision of, a kind of national policing information service is the amount determined by the Minister by legislative instrument.

 2

The Minister may determine different amounts (including a nil amount) of national policing information charge for different classes of persons in relation to the same kind of service.

 3

(3) In determining a national policing information charge, the Minister must have regard to any recommendations of the Board made under subsection 7C(7) of the Australian Crime Commission Act 2002.
8 Exemption from charge

National policing information charge is not payable by a person in relation to a service if the provision of the service to the person is subject to a fee charged under Australian Crime Commission Act 2002.section 15 of the

[Minister’s second reading speech made in—

House of Representatives on 3 December 2015

Senate on 4 May 2016]

(221/15)