Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 (1 of 2026)
Schedule 2 Firearms amendments
Part 2 Firearms background checks
Division 2 ACC and ASIO amendments
Australian Crime Commission Act 2002
24 After Part II
Insert:
Part III - Criminal intelligence assessments
Division 1 - Preliminary
52 Definitions
In this Part:
adverse criminal intelligence assessment has the meaning given by section 54.
ART Act means the Administrative Review Tribunal Act 2024.
background check has the same meaning as in section 5 of the AusCheck Act 2007.
Commonwealth agency means an agency within the meaning of the Freedom of Information Act 1982, and includes an exempt agency.
criminal intelligence assessment has the meaning given by section 53.
exempt agency means a body specified, or a person holding an office specified, in Part I of Schedule 2 to the Freedom of Information Act 1982.
federal offence has the meaning given by subsection 54B(2).
firearms background check has the same meaning as in the AusCheck Act 2007.
law enforcement or intelligence interests means interests in one or more of the following:
(a) avoiding prejudice or disruption to national and international efforts relating to law enforcement, criminal intelligence, criminal investigation, foreign intelligence and security intelligence;
(b) protecting the technologies and methods used to collect, analyse, secure or otherwise deal with, criminal intelligence, foreign intelligence or security intelligence;
(c) the protection and safety of informants and of persons associated with informants;
(d) ensuring that intelligence and law enforcement agencies are not discouraged from giving information to a nation's government and government agencies;
(e) avoiding disclosure of lawful methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of, breaches or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures.
member has the same meaning as in the Administrative Review Tribunal Act 2024.
officer of the Tribunal means:
(a) the Principal Registrar within the meaning of the Administrative Review Tribunal Act 2024; or
(b) a staff member within the meaning of that Act.
prescribed administrative action has the meaning given by section 54A.
security has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
serious and organised crime has the meaning given by section 54B.
specified criminal intelligence assessment action has the meaning given by subsection 54G(2).
Tribunal means the Administrative Review Tribunal.
53 Meaning of criminal intelligence assessment
(1) A criminal intelligence assessment is a written statement made by the ACC expressing any recommendation, opinion or advice on, or otherwise referring to, the question of whether it would be consistent with preventing the advancement of serious and organised crime for prescribed administrative action to be taken, or not taken, in respect of a person.
(2) To avoid doubt, a criminal intelligence assessment includes any qualification or comment expressed in connection with any recommendation, opinion or advice mentioned in subsection (1), if the qualification or comment relates, or could relate, to the question mentioned in that subsection.
54 Meaning of adverse criminal intelligence assessment
An adverse criminal intelligence assessment is a criminal intelligence assessment in respect of a person that contains:
(a) any opinion or advice, or any qualification of any opinion or advice, or any information, that is or could be prejudicial to the interests of the person; and
(b) a recommendation that prescribed administrative action be taken or not be taken in respect of the person, being a recommendation the implementation of which would be prejudicial to the interests of the person.
54A Meaning of prescribed administrative action
(1) Prescribed administrative action means the exercise of any power, or the performance of any function, in relation to any of the following decisions under a law of a State or Territory:
(a) a decision about whether to issue a firearms licence or otherwise relating to the issue of such a licence (including in relation to conditions);
(b) a decision about whether to renew, revoke, vary or suspend a licence mentioned in paragraph (a).
(2) Action is also prescribed administrative action if the action relates to or affects:
(a) access by a person to any information or place, access to which is controlled or limited under:
(i) the Aviation Transport Security Act 2004 or regulations under that Act; or
(ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act; or
(iii) an Act prescribed by the regulations for the purposes of this subparagraph, or a legislative instrument under that Act; or
(b) a person's ability to perform an activity in relation to, or involving, a thing (other than information or a place), if that ability is controlled or limited under:
(i) the Aviation Transport Security Act 2004 or regulations under that Act; or
(ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act; or
(iii) an Act prescribed by the regulations for the purposes of this subparagraph, or a legislative instrument under that Act.
54B Meaning of serious and organised crime
(1) For the purposes of this Part, serious and organised crime means a federal offence that may have been committed, may presently be being committed, or may in future be committed, in circumstances involving:
(a) 2 or more offenders; and
(b) substantial planning or organisation; and
(c) the use of sophisticated methods and techniques.
(2) A federal offence is an offence:
(a) against a law of the Commonwealth; or
(b) against a law of a Territory; or
(c) against a law of a State that has a federal aspect;
that is:
(d) punishable by imprisonment for a period of 2 years or more; or
(e) prescribed by the regulations for the purposes of this paragraph.
Note: For the definitions of State and Territory , see subsection 4(1).
Division 2 - Criminal intelligence assessments
54C Making criminal intelligence assessments
General
(1) The ACC may make criminal intelligence assessments for purposes related to:
(a) firearms background checks; or
(b) background checks required or permitted by any of the following:
(i) the Aviation Transport Security Act 2004 or regulations under that Act;
(ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act;
(iii) an Act prescribed by the regulations for the purposes of subparagraph 54A(2)(a)(iii) or (b)(iii), or a legislative instrument under that Act.
Note: The making of criminal intelligence assessments is separate to, and does not affect, the ACC's function of providing strategic criminal intelligence assessments to the Board (as referred to in paragraph 7A(e)) and the Board's function of disseminating those strategic criminal intelligence assessments (as referred to in paragraph 7C(1)(g)).
(2) The CEO may, by legislative instrument, determine the following in relation to the making of criminal intelligence assessments:
(a) the matters that must be taken into account;
(b) the manner in which those matters must be taken into account;
(c) the matters that must not be taken into account.
(3) The CEO must not make a determination under subsection (2) unless the CEO has consulted the Minister.
(4) If the ACC, in making a criminal intelligence assessment, considers that making an adverse criminal intelligence assessment in respect of a person would prejudice law enforcement or intelligence interests, the ACC may decide not to make the assessment.
(5) To avoid doubt, for the purposes of performing the function in subsection (1), the ACC may:
(a) make a criminal intelligence assessment at any time for purposes related to a background check that:
(i) is being undertaken; or
(ii) has previously been undertaken; and
(b) make more than one criminal intelligence assessment for purposes related to the same background check.
Certain criminal intelligence assessments that are not adverse
(6) Despite subsections (1) and (2), the ACC must make a criminal intelligence assessment in respect of a person that is not an adverse criminal intelligence assessment if the person is not identifiedin a search of intelligence held by the ACC that is conducted in accordance with the instructions issued by the CEO under subsection (7).
Note: The CEO may arrange for the use of a computer program to make criminal intelligence assessments to which this subsection applies: see section 54G.
(7) The CEO must, in writing, issue instructions about the conducting of searches for the purposes of subsection (6).
(8) Instructions issued under subsection (7) are not a legislative instrument.
54D Giving criminal intelligence assessments to Commonwealth agencies
Criminal intelligence assessments that are not adverse
(1) The ACC may give a criminal intelligence assessment, that is not an adverse criminal intelligence assessment, in respect of a person to a Commonwealth agencyfor purposes related to:
(a) a firearms background check of the person; or
(b) a background check of the person that is required or permitted by any of the following:
(i) the Aviation Transport Security Act 2004 or regulations under that Act;
(ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act;
(iii) an Act prescribed by the regulations for the purposes of subparagraph 54A(2)(a)(iii) or (b)(iii), or a legislative instrument under that Act.
(2) Despite subsection (1), the ACC must give a criminal intelligence assessment, that is not an adverse criminal intelligence assessment, in respect of a person to a Commonwealth agencyfor purposes mentioned in subsection (1) if the criminal intelligence assessment is made in accordance with subsection 54C(6).
Note: The CEO may arrange for the use of a computer program to give certain kinds of criminal intelligence assessments to Commonwealth agencies: see section 54G.
Adverse criminal intelligence assessments
(3) The CEO may cause an adverse criminal intelligence assessment in respect of a person to be given to a Commonwealth agencyfor purposes related to:
(a) a firearms background check of the person; or
(b) a background check of the person that is required or permitted by any of the following:
(i) the Aviation Transport Security Act 2004 or regulations under that Act;
(ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act;
(iii) an Act prescribed by the regulations for the purposes of subparagraph 54A(2)(a)(iii) or (b)(iii), or a legislative instrument under that Act.
(4) If the CEO considers that giving a Commonwealth agency an adverse criminal intelligence assessment in respect of a person would prejudice law enforcement or intelligence interests or security, the CEO may decide not to cause the assessment to be given to the agency.
(5) An adverse criminal intelligence assessment given to a Commonwealth agency under subsection (3) 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 (7), the CEO makes a certificate in relation to information contained in the assessment - a copy of the certificate.
(6) The statement of the grounds for the adverse criminal intelligence assessment must contain all information that the ACC relied on in making the assessment, other than:
(a) subject to subsection (8), information in relation to which the CEO has made a certificate under subsection (7); and
(b) information the disclosure of which would be contrary to a law of the Commonwealth, a State or a Territory.
(7) 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 or intelligence interests or security.
(8) If the CEO makes a certificate under subsection (7) in relation to information, the CEO may decide not to cause the information to be given to a Commonwealth agency under subsection (3) or (5). However, the Minister may, after consulting the CEO, direct the CEO to cause the information to be given to the Commonwealth agency.
(9) A certificate made under subsection (7) is not a legislative instrument.
(10) If the direction under subsection (8) is made in writing, the direction is not a legislative instrument.
54E Person to be notified of adverse criminal intelligence assessment
(1) If an adverse criminal intelligence assessment in respect of a person is given to a Commonwealth agency under subsection 54D(3), the Commonwealth agency must give written notice of the assessment to the person.
Note: See also subsections (3) to (5) (about exceptions to subsection (1)).
Timing and content of notice
(2) The written notice must:
(a) be given to the person before the end of the period of 14 days beginning on the day after:
(i) unless subparagraph (ii) applies - the day the adverse criminal intelligence assessment is given to the Commonwealth agency; or
(ii) if a certificate under subsection (6) that was in force in relation to the adverse criminal intelligence assessment is subsequently revoked - the day the certificate is revoked; and
(b) inform the person of the making of the adverse criminal intelligence assessment; and
(c) include the statement of the grounds for the adverse criminal intelligence assessment that was given to the Commonwealth agency (other than information in relation to which the CEO has made a certificate under subsection 54D(7)); and
(d) contain information concerning the person's right to apply to the Tribunal for a review of the adverse criminal intelligence assessment.
Exception - firearms
(3) Subsection (1) does not apply if the adverse criminal intelligence assessment is given to the Commonwealth agency in relation to any of the following decisions under a law of a State or Territory:
(a) a decision about whether to issue a firearms licence or otherwise relating to the issue of such a licence (including in relation to conditions);
(b) a decision about whether to renew, revoke, vary or suspend a licence a licence mentioned in paragraph (a).
(4) Despite subsection (3), subsection (1) does apply in the circumstances prescribed by the regulations for the purposes of this subsection.
Exception - Minister's certificate
(5) Subsection (1) does not apply if a certificate made under subsection (6) is in force in relation to the adverse criminal intelligence assessment.
(6) The Minister may certify, in writing, that the Minister is satisfied that the withholding of notice to a person of the making of an adverse criminal intelligence assessment in respect of the person is essential to either or both of the following:
(a) avoiding prejudice to law enforcement or intelligence interests;
(b) security.
(7) If the Minister makes a certificate under subsection (6) in relation to an adverse criminal intelligence assessment, the Minister must:
(a) give a copy of the certificate to the Commonwealth agency to which the assessment was given under subsection 54D(3); and
(b) before the end of the following periods (unless the certificate is revoked earlier), consider whether to revoke the certificate:
(i) the period of 12 months beginning on the day on which the certificate was made;
(ii) each subsequent 12 month period.
(8) A certificate made under subsection (6) is not a legislative instrument.
54F Effect of preliminary advice by the ACC
A Commonwealth agency must not take, refuse to take or refrain from taking prescribed administrative action on the basis of any communication in relation to a person made by the ACC not amounting to a criminal intelligence assessment.
Division 3 - Automation of specified criminal intelligence assessment action
54G Automation of specified criminal intelligence assessment action
(1) The CEO may, in writing, arrange for the use, undertheCEO'soversight, of computer programs to take specified criminal intelligence assessment action that must be taken by the ACC under this Act.
(2) Specified criminal intelligence assessment action is:
(a) performing, or refusing or failing to perform, a function or duty under subsection 54C(6); or
(b) performing, or refusing or failing to perform, a function or duty under subsection 54D(2); or
(c) doing, or refusing or failing to do, anything related to performing a function or duty under the subsection mentioned in paragraph (a) or (b).
ACC treated as having taken specified criminal intelligence assessment action
(3) Specified criminal intelligence assessment action taken by the operation of a computer program under an arrangement under subsection (1) is treated, for all purposes, as specified criminal intelligence assessment action taken by the ACC.
Substituting specified criminal intelligence assessment action
(4) The ACC may take specified criminal intelligence assessment action, or make a criminal intelligence assessment under subsection 54C(1), (the substituted action ) in substitution for specified criminal intelligence assessment action the ACC is treated as having taken under subsection (3) of this section if the ACC is satisfied that the specified criminal intelligence assessment action taken by the operation of the computer program is not the correct or preferable action.
(5) The substituted action takes effect on:
(a) if the ACC specifies the day on which the substituted action takes effect - that specified day; or
(b) otherwise - the day of the specified criminal intelligence assessment action taken by the operation of the computer program.
(6) The day specified under paragraph (5)(a) may be earlier than the day the substituted action is taken but not earlier than the day of the specified criminal intelligence assessment action taken by the operation of the computer program.
ACC may still take specified criminal intelligence assessment action
(7) An arrangement under subsection (1) does not prevent the ACC from taking specified criminal intelligence assessment action.
Arrangement not a legislative instrument
(8) An arrangement under subsection (1) is not a legislative instrument.
54H Oversight and safeguards for automation of specified criminal intelligence assessment action
(1) The CEO must take all reasonable steps to ensure that specified criminal intelligence assessment action taken by the operation of a computer program under an arrangement under subsection 54G(1) is specified criminal intelligence assessment action that the ACC could validly take under section 54C or 54D.
(2) Without limiting subsection (1), the CEO must do the things (if any) prescribed by the regulations for the purposes of this subsection.
Note: Specified criminal intelligence assessment action may still be invalid even if subsections (1) and (2) are complied with.
(3) A failure to comply with subsection (1) or (2) does not affect the validity of the specified criminal intelligence assessment action taken by the operation of a computer program under an arrangement under subsection 54G(1).
Division 4 - Review of adverse criminal intelligence assessments
54J Applications to Tribunal
(1) An application may be made to the Tribunal for review of a decision of the ACC under section 54C to make an adverse criminal intelligence assessment.
Note 1: Section 18 of the ART Act generally requires an application for review of a decision to be made within the period prescribed by rules made under that Act.
Note 2: See also subsections (4) and (5) (about an exception to subsection (1)).
(2) An application under subsection (1) may be made by the person in respect of whom the assessment was made and who has been given notice of the assessment under section 54E.
Interaction with the ART Act
(3) Subsection (2) has effect despite subsection 17(1) of the ART Act (about who can apply for review).
Exception
(4) Subsection (1) does not apply if the adverse criminal intelligence assessment was in relation to any of the following decisions under a law of a State or Territory:
(a) a decision about whether to issue a firearms licence or otherwise relating to the issue of such a licence (including in relation to conditions);
(b) a decision about whether to renew, revoke, vary or suspend a licence mentioned in paragraph (a).
(5) Despite subsection (4), subsection (1) does apply in the circumstances prescribed by the regulations for the purposes of this subsection.
54K Restriction on further assessments after review
If the Tribunal has made findings upon a review of an adverse criminal intelligence assessment, the ACC must not make a further criminal intelligence assessment in respect of the person concerned that is not in accordance with those findings except on the basis of matters occurring after the review or of evidence that was not available at the time of the review.
54L Costs
(1) The Tribunal may order that costs reasonably incurred by an applicant under section 54J in connection with the application, or any part of those costs that is determined by the Tribunal, be paid by the Commonwealth if:
(a) the applicant was, in the opinion of the Tribunal, successful, or substantially successful, in the application for review; and
(b) the Tribunal is satisfied that it is appropriate to make the order in all the circumstances of the case.
Interaction with ART Act
(2) For the purposes of section 115 of the ART Act (about taxing costs), the Commonwealth is taken to be a party to the proceeding referred to in subsection (1) of this section.
Division 5 - Secrecy
54M Secrecy - criminal intelligence assessment information
(1) A person commits an offence if:
(a) the person is, or has been:
(i) a member or an officer of the Tribunal; or
(ii) an officer or employee of a Commonwealth agency to which an adverse criminal intelligence assessment has been given under subsection 54D(3); and
(b) the person makes a record of, discloses or otherwise uses information; and
(c) the information was obtained by the person by reason of, or in the course of, the performance or exercise of the person's functions, duties or powers as a member or an officer of the Tribunal, or as an officer or employee of the agency; and
(d) the information is, is contained in, or relates to, a criminal intelligence assessment.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(2) Subsection (1) does not apply if the making of the record, disclosure or use:
(a) is for the purposes of this Part; or
(b) is for the purposes of, or in connection with, the performance or exercise of the person's functions, duties or powers as a member or an officer of the Tribunal, or as an officer or employee of the Commonwealth agency.
Note 1: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
Note 2: Section 276 of the ART Act also deals with the disclosure of certain information and documents by members and officers of the Tribunal.
Note 3: Section 51 of this Act deals with secrecy requirements for the CEO, members of the Board, members of the staff of the ACC and examiners.