{"id":"BILL-r7454","name":"Australian Criminal Intelligence Commission Bill 2026","slug":"australian-criminal-intelligence-commission-bill-2026","collection":"bill","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-03-25","administeringDepartment":null,"currentVersion":{"id":2609,"registerId":"BILL-r7454-first-reps","compilationNumber":"1","startDate":"2026-03-25","status":"in_force","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"2","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"2 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n2 Commencement1\n(1) Each provision of this Act specified in column 1 of the table2\ncommences, or is taken to have commenced, in accordance with3\ncolumn 2 of the table. Any other statement in column 2 has effect4\naccording to its terms.5\nCommencement information\nColumn 1 Column 2 Column 3\nProvisions Commencement Date/Details\n1. Sections 1 and\n2 and anything in\nthis Act not\nelsewhere covered\nby this table\nThe day this Act receives the Royal Assent.\n2. Sections 3 to\nA single day to be fixed by Proclamation.\nHowever, if the provisions do not commence\nwithin the period of 18 months beginning on\nthe day this Act receives the Royal Assent,\nthey commence on the day after the end of\nthat period.\nNote: This table relates only to the provisions of this Act as originally7\nenacted. It will not be amended to deal with any later amendments of8\nthis Act.9\n(2) Any information in column 3 of the table is not part of this Act.10\nInformation may be inserted in this column, or information in it11\nmay be edited, in any published version of this Act.12\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Objects13","content":"3 Objects13\nThe objects of this Act are the following:14\n(a) to continue the ACIC in existence as an intelligence agency;15\n(b) to facilitate:16\n(i) the obtaining, correlation, analysis, evaluation and17\ncommunication of intelligence relevant to serious and18\norganised crime for purposes connected with19\ncombatting serious and organised crime; and20\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 3\n(ii) the correlation of, provision of access to, and exchange1\nof, national policing information, and the provision of2\nsystems and services for those purposes;3\n(c) to enable:4\n(i) the provision of nationally coordinated criminal history5\ncheck services; and6\n(ii) the making and giving of criminal intelligence7\nassessments; and8\n(iii) the provision of advice about strategic or emerging9\ncrime trends, criminal activity and preventing crime.10\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Simplified outline of this Act11","content":"4 Simplified outline of this Act11\nThe Australian Criminal Intelligence Commission is continued in12\nexistence by this Act. The ACIC consists of the Director-General,13\nthe examiners and ACIC staff members.14\nThe ACIC has the function of obtaining intelligence relevant to15\nserious and organised crime and communicating that intelligence to16\ncombat such crime. It also has several other functions, such as17\nproviding nationally coordinated criminal history check services18\nand making criminal intelligence assessments.19\nIf the Minister has issued an authorisation that identifies serious20\nand organised crime, an examiner may, for the purposes of21\nobtaining intelligence relevant to the serious and organised crime:22\n(a) require a person to give information, or produce a23\ndocument or thing, by giving the person a notice to24\nproduce; or25\n(b) conduct an examination and summon a person to attend26\nthe examination.27\nThe Attorney-General may authorise a controlled intelligence28\noperation. A participant in a controlled intelligence operation is29\nauthorised to engage in certain kinds of unlawful conduct and is30\nnot subject to criminal or civil liability for this conduct.31\n\n4 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nThe Attorney-General may issue search warrants authorising the1\nACIC to search certain premises, persons, things or conveyances2\nfor relevant documents and things, and to do other related things.3\nThe Attorney-General may make assistance orders requiring a4\nperson to give information or assistance to allow the ACIC to5\naccess and use data held in, or accessible from, a computer or data6\nstorage device found during the execution of a search warrant.7\nThe ACIC is the administrator of the national policing information8\nsystem and has specific functions in relation to the system.9\nThe Director-General may approve a person or body as an10\naccredited body for the purposes of requesting and receiving11\nnationally coordinated criminal history check services on behalf of12\nconsenting applicants.13\nThe ACIC may make a criminal intelligence assessment in respect14\nof a person for the purposes of a background check required or15\npermitted under other legislation.16\nThe ACIC may communicate information or deal with records17\nrelated to ACIC’s functions (known as ACIC information and18\nACIC records) in certain circumstances. There are offences for19\nunauthorised communication or recording of ACIC information, or20\ndealing with ACIC records, by entrusted persons. Search warrant21\nitems and produced items (known as returnable items) may be used22\nand shared in certain circumstances.23\nThe Director-General and examiners are appointed by the24\nGovernor-General. The staff of the ACIC must be persons engaged25\nunder the Public Service Act 1999. The Director-General may also26\nengage consultants. Persons may be seconded to or from the ACIC.27\nThe Director-General must comply with recordkeeping and28\nreporting requirements. The Minister must cause periodic reviews29\nto be undertaken of this Act and the rules.30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 5\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Application of this Act1","content":"5 Application of this Act1\nThis Act extends to the external Territories.2\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Crown to be bound3","content":"6 Crown to be bound3\n(1) This Act binds the Crown in right of the Commonwealth, of each4\nof the States, of the Australian Capital Territory and of the5\nNorthern Territory.6\n(2) This Act does not make the Crown liable to a pecuniary penalty or7\nto be prosecuted for an offence.8\n\n6 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 2—Definitions1\n7 Definitions2\n(1) In this Act:3\naccredited body: see section 190.4\nACIC means the Australian Criminal Intelligence Commission5\ncontinued in existence by section 23.6\nACIC employee means a person referred to in subsection 259(1).7\nACIC information:8\n(a) means information:9\n(i) that was acquired or prepared by or on behalf of the10\nACIC in connection with its functions; or11\n(ii) that relates to the performance by the ACIC of its12\nfunctions; but13\n(b) does not include national policing information in relation to14\nwhich the ACIC is neither the contributor nor a user.15\nACIC record:16\n(a) means a record:17\n(i) that was acquired or prepared by or on behalf of the18\nACIC in connection with its functions; or19\n(ii) that relates to the performance by the ACIC of its20\nfunctions; but21\n(b) does not include a record that is national policing information22\nin relation to which the ACIC is neither the contributor nor a23\nuser.24\nACIC staff member means:25\n(a) an ACIC employee (see section 259); or26\n(b) a consultant engaged under section 260; or27\n(c) a person performing services for the ACIC under an28\nagreement under section 262; or29\n(d) a person assisting the ACIC under section 263.30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 7\nadjoining premises, in relation to particular premises, means1\npremises adjoining, or providing access to, the premises.2\nadverse criminal intelligence assessment: see section 209.3\nAFP Commissioner means the Commissioner of Police within the4\nmeaning of the Australian Federal Police Act 1979.5\nagency means:6\n(a) a Commonwealth agency; or7\n(b) a State agency; or8\n(c) a Territory agency; or9\n(d) a person or body prescribed by the rules.10\nagency direction: see subsection 47(3).11\nAGO means that part of the Defence Department known as the12\nAustralian Geospatial-Intelligence Organisation.13\nancillary offence, in relation to an offence (the primary offence),14\nmeans:15\n(a) an offence of conspiring to commit the primary offence; or16\n(b) an offence of aiding, abetting, counselling or procuring, or17\nbeing in any way knowingly concerned in, the commission of18\nthe primary offence; or19\n(c) an offence of attempting to commit the primary offence.20\nappear, at an examination or before an examiner, has a meaning21\naffected by subsection (2).22\napplicant, when used in a provision in Part 7, means a person who23\nhas applied to the Tribunal for a review of an adverse criminal24\nintelligence assessment.25\nART Act means the Administrative Review Tribunal Act 2024.26\nASD means the Australian Signals Directorate.27\nASIO means the Australian Security Intelligence Organisation.28\nASIS means the Australian Secret Intelligence Service.29\n\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"8 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nassistance order: see section 175.1\nattend, in relation to an examination, has a meaning affected by2\nsubsection (2).3\naudio link means facilities that enable audio communication4\nbetween persons in different places.5\nExample: Telephone facilities.6\nauthorisation means an authorisation issued by the Minister under7\nsubsection 41(1).8\nbackground check has the same meaning as in section 5 of the9\nAusCheck Act 2007.10\nbefore an examiner, in relation to an examination, has a meaning11\naffected by subsection (2).12\nChair means the Chair of the Committee.13\ncharged: a person is charged with an offence if a process for14\nprosecuting the person for the offence commences.15\nCharges Act means the Australian Criminal Intelligence16\nCommission (National Policing Information Charges) Act 2026.17\nCIO authority means an authority to conduct a controlled18\nintelligence operation granted under section 130 or 133.19\nCIO entrusted person means any of the following persons:20\n(a) the Director-General;21\n(b) an examiner;22\n(c) an ACIC staff member;23\n(d) a person (other than an ACIC staff member) who has entered24\ninto a contract, agreement or arrangement with the ACIC;25\n(e) a civilian participant in a controlled intelligence operation.26\ncivilian participant, in a controlled intelligence operation, means a27\nperson who:28\n(a) is a participant in the controlled intelligence operation; and29\n(b) is not:30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 9\n(i) an ACIC staff member; or1\n(ii) an employee of a law enforcement agency or an2\nintelligence or security agency.3\ncombat, in relation to serious and organised crime, includes4\nidentify, investigate, prevent, disrupt or prosecute.5\nCommittee means the National Policing Information Committee6\nestablished under section 193.7\nCommittee member means a member of the Committee (including8\nthe Chair).9\nCommonwealth agency means:10\n(a) for a provision (other than a provision in Part 3 or Part 7) of11\nthis Act—an agency within the meaning of the Freedom of12\nInformation Act 1982 that is not an exempt agency; and13\n(b) for a provision in Part 3 or Part 7 of this Act—an agency14\nwithin the meaning of the Freedom of Information Act 198215\nand includes an exempt agency.16\nCommonwealth body means any of the following:17\n(a) an Agency within the meaning of the Public Service Act18\n1999;19\n(b) a Department within the meaning of the Parliamentary20\nService Act 1999;21\n(c) the Defence Force;22\n(d) a body, whether incorporated or not, established, or23\ncontinued in existence, for a public purpose by or under a law24\nof the Commonwealth;25\n(e) a body corporate in which the Commonwealth or a body26\nreferred to in paragraph (d) has a controlling interest;27\n(f) a person who holds an office or appointment under a law of28\nthe Commonwealth.29\nCommonwealth officer means:30\n(a) a person who is a Commonwealth officer for the purposes of31\nthe Crimes Act 1914; or32\n(b) an ACIC staff member who is not covered by paragraph (a).33\n\n","sortOrder":5},{"sectionNumber":"10","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"10 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nCommonwealth place has the same meaning as in the1\nCommonwealth Places (Application of Laws) Act 1970.2\ncompelled material: see subsections 108(1) and (2).3\ncomputer means all or part of:4\n(a) one or more computers; or5\n(b) one or more computer systems; or6\n(c) one or more computer networks; or7\n(d) any combination of the above.8\nconfiscation proceeding: see section 18.9\nconstable means:10\n(a) a member or special member of the Australian Federal11\nPolice; or12\n(b) a member of the police force or police service of a State or13\nTerritory.14\nconstitutional corporation means a corporation to which15\nparagraph 51(xx) of the Constitution applies.16\ncontributor, of national policing information: see subsection17\n183(2).18\ncontrolled conduct means conduct engaged in by a person for or in19\nrelation to which the person would, but for section 143, be subject20\nto civil or criminal liability under a law of the Commonwealth, a21\nState or a Territory (including the general law).22\ncontrolled intelligence operation means an operation that:23\n(a) involves the participation of one or more ACIC staff24\nmembers; and25\n(b) is carried out for a purpose relevant to the performance of the26\nfunction set out in paragraph 24(a); and27\n(c) may involve an ACIC staff member or other person engaging28\nin controlled conduct.29\nconveyance includes an aircraft, vehicle or vessel.30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 11\ncorrupt conduct has the same meaning as in the National1\nAnti-Corruption Commission Act 2022.2\ncriminal intelligence assessment: see section 208.3\ndata storage device means a thing containing (whether temporarily4\nor permanently), or designed to contain (whether temporarily or5\npermanently), data for use by a computer.6\nExamples: A disc or file server.7\ndeal with, in relation to an ACIC record, means:8\n(a) copy the record; or9\n(b) transcribe the record; or10\n(c) retain the record; or11\n(d) remove the record; or12\n(e) otherwise use the record.13\nderivative material: see section 109.14\nDIO means that part of the Defence Department known as the15\nDefence Intelligence Organisation.16\nDirector-General means the Director-General of the Australian17\nCriminal Intelligence Commission.18\ndisclose, for compelled material or derivative material, includes:19\n(a) to make available; and20\n(b) to disclose copies, contents or descriptions of that material.21\ndocument has the same meaning as in the Evidence Act 1995.22\nelectronic communication means a communication of information23\nby means of guided and/or unguided electromagnetic energy:24\n(a) whether between persons and persons, things and things or25\npersons and things; and26\n(b) whether in the form of:27\n(i) speech, music or other sounds; or28\n(ii) data; or29\n(iii) text; or30\n(iv) visual images, whether or not animated; or31\n\n","sortOrder":6},{"sectionNumber":"12","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"12 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(v) signals; and1\n(c) whether in any other form or in any combination of forms.2\nengage in conduct has the same meaning as in the Criminal Code.3\nentrusted person means any of the following:4\n(a) the Director-General;5\n(b) an examiner;6\n(c) an ACIC staff member;7\n(d) a person (other than an ACIC staff member) who has entered8\ninto a contract, agreement or arrangement with the ACIC that9\nprovides for conditions relating to the communication or10\nrecording of ACIC information or the dealing with of ACIC11\nrecords;12\n(e) a person who is an employee or agent of a person mentioned13\nin paragraph (d).14\nexamination means an examination under Division 3 of Part 3 of15\nthis Act, and includes such an examination in which a person16\nappears, attends, is before an examiner or is present by way of17\nvideo link, audio link or other means an examiner conducting the18\nexamination considers appropriate.19\nexaminer means a person appointed as an examiner under section20\n251.21\nexempt agency means a body specified, or the person holding an22\noffice specified, in Part I of Schedule 2 to the Freedom of23\nInformation Act 1982.24\nexempt secrecy provision: see subsection 48(1).25\nFederal Court means the Federal Court of Australia.26\nfederal offence: see subsection 10(2).27\nFinance Minister means the Minister administering the Public28\nGovernance, Performance and Accountability Act 2013.29\nfirearms background check has the same meaning as in the30\nAusCheck Act 2007.31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 13\nfrisk search means both of the following:1\n(a) a search of a person conducted by quickly running the hands2\nover the person’s outer garments;3\n(b) an examination of anything worn or carried by the person4\nthat is conveniently and voluntarily removed by the person.5\nIGIS official (short for Inspector-General of Intelligence and6\nSecurity official) means:7\n(a) the Inspector-General of Intelligence and Security; or8\n(b) any other person covered by subsection 32(1) of the9\nInspector-General of Intelligence and Security Act 1986.10\nillicit goods means goods the possession of which is a11\ncontravention of a law of the Commonwealth, a State or a12\nTerritory.13\nimminent: for when a charge for an offence, or a confiscation14\nproceeding, is imminent, see subsections 15(1) and (2).15\nin contempt of the ACIC: see section 85.16\nintelligence or advisory function means any of the functions set17\nout in the following:18\n(a) paragraph 24(a);19\n(b) paragraph 24(b);20\n(c) paragraph 24(c);21\n(d) paragraph 24(g);22\n(e) paragraph 24(i), insofar as the doing of a thing is incidental23\nor conducive to the performance of a function mentioned in24\nparagraph (a), (b), (c) or (d) of this definition.25\nintelligence or security agency means AGO, ASD, ASIO, ASIS,26\nDIO or ONI.27\nissuing officer means:28\n(a) a Judge of the Federal Court; or29\n(b) a Judge of the Federal Circuit and Family Court of Australia30\n(Division 2); or31\n(c) a Judge of a court of a State or Territory; or32\n\n","sortOrder":7},{"sectionNumber":"14","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"14 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(d) a magistrate.1\nlaw enforcement agency means:2\n(a) the Australian Federal Police; or3\n(b) a police force of a State or Territory; or4\n(c) a Commonwealth body, or an authority of a State or a5\nTerritory, that has functions relating to law enforcement.6\nlaw enforcement or intelligence interests means interests in one or7\nmore of the following:8\n(a) avoiding prejudice or disruption to national and international9\nefforts relating to law enforcement, criminal intelligence,10\ncriminal investigation, foreign intelligence and security11\nintelligence;12\n(b) protecting the technologies and methods used to collect,13\nanalyse, secure or otherwise deal with, criminal intelligence,14\nforeign intelligence or security intelligence;15\n(c) the protection and safety of informants and of persons16\nassociated with informants;17\n(d) ensuring that any of the following are not discouraged from18\ngiving information to a nation’s government and government19\nagencies:20\n(i) intelligence or security agencies;21\n(ii) law enforcement agencies;22\n(iii) foreign agencies responsible for intelligence, security or23\nlaw enforcement;24\n(e) avoiding disclosure of lawful methods or procedures for25\npreventing, detecting, investigating, or dealing with matters26\narising out of, breaches or evasions of the law the disclosure27\nof which would, or would be reasonably likely to, prejudice28\nthe effectiveness of those methods or procedures.29\nlaw of the Commonwealth includes a law in force in an external30\nTerritory or the Jervis Bay Territory, so far as the law is so in force31\nbecause of an Act providing for the acceptance, administration or32\ngovernment of that Territory.33\nlegal aid officer means:34\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 15\n(a) a member or member of staff of an authority established by1\nor under a law of a State or Territory for purposes that2\ninclude providing legal assistance; or3\n(b) a person to whom the Attorney-General has delegated the4\nAttorney-General’s powers and functions under section 269.5\nlegal practitioner means a barrister, a solicitor, a barrister and6\nsolicitor, or a legal practitioner, of the High Court or of the7\nSupreme Court of a State or Territory.8\nnational policing information: see subsection 181(3).9\nNational Policing Information Committee: see Committee.10\nnational policing information function means any of the functions11\nset out in the following:12\n(a) paragraph 24(d);13\n(b) paragraph 24(e);14\n(c) paragraph 24(i), insofar as the doing of a thing is incidental15\nor conducive to the performance of a function mentioned in16\nparagraph (a) or (b) of this definition.17\nnational policing information system: see subsection 181(1).18\nNational Policing Information Systems and Services Special19\nAccount (or Account) means the special account continued in20\nexistence by section 204.21\nnon-disclosure notation: see subsection 101(1).22\nnotice to produce: see section 50.23\nofficer of Customs has the meaning given by subsection 4(1) of the24\nCustoms Act 1901.25\nofficial matter: see subsection 101(3).26\nONI means the Office of National Intelligence.27\nordinary search means a search of a person or of articles in the28\npossession of a person that may include:29\n\n","sortOrder":8},{"sectionNumber":"16","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"16 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(a) requiring the person to remove the person’s overcoat, coat or1\njacket and any gloves, shoes or hat; and2\n(b) an examination of those items.3\npaid work means work for financial gain or reward (whether as an4\nemployee, a self-employed person or otherwise).5\nparticipant, in a controlled intelligence operation, means a person6\nwho is authorised under Part 4 to engage in controlled conduct for7\nthe purposes of the controlled intelligence operation.8\npersonal information has the same meaning as in the Privacy Act9\n1988.10\nperson search warrant: see section 161.11\npost-charge: see section 13.12\npost-confiscation application: see section 17.13\npre-charge: see section 12.14\npre-confiscation application: see section 16.15\npremises includes any land, place or conveyance.16\npremises search warrant: see section 157.17\nprescribed administrative action: see section 210.18\npresent, at or during an examination, has a meaning affected by19\nsubsection (2).20\nproceeds of crime authority: see section 20.21\nproduced item means a document or thing produced:22\n(a) under a notice to produce; or23\n(b) during an examination.24\nprosecuting authority means an individual, or authority, authorised25\nby or under a law of the Commonwealth or of a State or Territory26\nto prosecute an offence.27\nprosecutor, of a witness, means an individual:28\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 17\n(a) who is a prosecuting authority or is employed or engaged by1\na prosecuting authority; and2\n(b) who:3\n(i) makes, or is involved in the making of, a decision4\nwhether to prosecute the witness for a relevant offence;5\nor6\n(ii) is one of the individuals engaging in such a prosecution7\nof the witness.8\nprotected suspect: see subsection 15(3).9\nrecord, when used as a noun, means:10\n(a) a document (including any written or printed material); or11\n(b) any other thing (including a sound recording, magnetic tape12\nor disc, microform, photograph or film) by which words,13\nimages, sounds or signals (including electromagnetic14\nemissions) are recorded or stored or from which information15\ncan be obtained;16\nand includes part of a record.17\nrelevant confiscation proceeding: see section 19.18\nrelevant offence: see section 14.19\nrelevant to: the circumstances in which intelligence is relevant to20\nserious and organised crime include where:21\n(a) the intelligence is, or could be, relevant to combatting serious22\nand organised crime; or23\n(b) the intelligence may assist in determining whether:24\n(i) there is a connection between a person, entity or group25\nand serious and organised crime; or26\n(ii) there is a connection between the activities of a person,27\nentity or group and serious and organised crime.28\nresolved: for when a charge for an offence, or a confiscation29\nproceeding, is resolved: see section 21.30\nreturnable item: see section 232.31\nrules means the rules made under section 275.32\n\n","sortOrder":9},{"sectionNumber":"18","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"18 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nsearch warrant means:1\n(a) a premises search warrant; or2\n(b) a person search warrant.3\nsearch warrant item means a document or thing seized under a4\nsearch warrant.5\nsecrecy provision: see subsection 48(2).6\nsecurity has the same meaning as in the Australian Security7\nIntelligence Organisation Act 1979.8\nsenior position holder means a person referred to in paragraph (a),9\n(b) or (c) of the definition of ACIC staff member who holds the10\nposition of, or performs the duties of, an SES employee, or an11\nequivalent position, in the ACIC.12\nserious and organised crime: see section 10.13\nserious misconduct, by an ACIC employee, means:14\n(a) corrupt conduct engaged in, a serious abuse of power, or a15\nserious dereliction of duty, by the employee; or16\n(b) any other seriously reprehensible act or behaviour by the17\nemployee, whether or not acting, or purporting to act, in the18\ncourse of the employee’s duties as an ACIC employee.19\nserious offence has the meaning given by subsection 3C(1) of the20\nCrimes Act 1914.21\nspecified criminal intelligence assessment action: see subsection22\n215(4).23\nState agency means:24\n(a) a Department of a State; or25\n(b) an instrumentality of a State, including a body corporate26\nestablished, or continued in existence, for a public purpose27\nby or under a law of a State; or28\n(c) a company in which the controlling interest is held by any29\none of the following persons, or by 2 or more of the30\nfollowing persons together:31\n(i) the Crown in right of a State;32\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 19\n(ii) a person or body covered by paragraph (b);1\n(iii) a person or body covered by subparagraph (i) or (ii).2\nState offence means an offence against a law of a State.3\nState or Territory law enforcement agency has the meaning given4\nby subsection 3ZQU(7) of the Crimes Act 1914.5\nstrip search means a search of a person or of articles in the6\npossession of a person that may include:7\n(a) requiring the person to remove all of their garments; and8\n(b) an examination of the person’s body (but not of the person’s9\ncavities) and of those garments.10\nsummons means a summons issued by an examiner under11\nsubsection 59(1).12\nsuperior court judge: see subsection 94(3).13\nTerritory agency means:14\n(a) a Department of a Territory; or15\n(b) an instrumentality of a Territory, including a body corporate16\nestablished, or continued in existence, for a public purpose17\nby or under a law of a Territory; or18\n(c) a company in which the controlling interest is held by any19\none of the following persons, or by 2 or more of the20\nfollowing persons together:21\n(i) the Crown in right of the Australian Capital Territory or22\nthe Northern Territory;23\n(ii) a person or body covered by paragraph (b);24\n(iii) a person or body covered by subparagraph (i) or (ii).25\nterrorism offence has the same meaning as in subsection 3(1) of26\nthe Crimes Act 1914.27\nterrorist act has the same meaning as in subsection 100.1(1) of the28\nCriminal Code.29\nTribunal means the Administrative Review Tribunal.30\n\n","sortOrder":10},{"sectionNumber":"20","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"20 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nuse, for compelled material or derivative material, includes use of1\ncopies, contents or descriptions of that material.2\nuser, of national policing information: see subsections 184(3) and3\n(5).4\nvideo link means facilities that enable audio and visual5\ncommunication between persons in different places.6\nExamples: Closed-circuit television facilities and computer systems operating7\nvideoconferencing software.8\nwarranted power means any power of the ACIC that may only be9\nexercised under the authority of a warrant.10\nwitness means:11\n(a) when used in relation to a notice to produce—the person who12\nis required to comply with the notice; or13\n(b) when used in relation to a summons—the person who is14\nrequired to comply with the summons; or15\n(c) when used in relation to an examination—the person who is16\nrequired to give evidence or information, or produce a17\ndocument or thing, during the examination; or18\n(d) when used in relation to compelled material—has the19\nmeaning given by subsection 108(4); or20\n(e) when used in relation to derivative material—has the21\nmeaning given by subsection 108(5).22\n(2) In this Act, a reference to a person:23\n(a) appearing at an examination or before an examiner; or24\n(b) attending an examination; or25\n(c) being before an examiner at an examination; or26\n(d) being present at or during an examination;27\nincludes a reference to the person so appearing, attending, being28\nbefore an examiner or being present by way of video link, audio29\nlink or other means an examiner considers appropriate.30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 21\n8 References to the Attorney-General1\nDespite subsection 19(1) of the Acts Interpretation Act 1901, a2\nreference in this Act to the Attorney-General is a reference only to3\nthe Minister with that title.4\nNote: A reference in this Act to the Attorney-General may include a5\nreference to a person acting as the Attorney-General: see6\nsubsection 19(4) of the Acts Interpretation Act 1901.7\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Substitution of references to the Attorney-General8","content":"9 Substitution of references to the Attorney-General8\nUnless the Prime Minister is satisfied that exceptional9\ncircumstances exist, the Governor-General must not make a10\nsubstituted reference order under subsection 19B(2) of the Acts11\nInterpretation Act 1901 that relates to a provision of this Act that12\nrefers to the Attorney-General.13\n\n22 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 3—Key Concepts1\n10 Meaning of serious and organised crime2\n(1) For the purposes of this Act, serious and organised crime means a3\nfederal offence that may have been committed, may presently be4\nbeing committed, or may in future be committed, in circumstances5\ninvolving:6\n(a) 2 or more offenders; and7\n(b) substantial planning or organisation; and8\n(c) the use of sophisticated methods and techniques.9\n(2) A federal offence is an offence:10\n(a) against a law of the Commonwealth; or11\n(b) against a law of a State that has a federal aspect;12\nthat is:13\n(c) punishable by imprisonment for a period of 2 years or more;14\nor15\n(d) prescribed by the rules.16\nNote: See section 11 for when a State offence has a federal aspect.17\nInterpretation18\n(3) For the purposes of this section, State includes the Australian19\nCapital Territory and the Northern Territory.20\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"When a State offence has a federal aspect21","content":"11 When a State offence has a federal aspect21\nObject22\n(1) The object of this section is to identify State offences that have a23\nfederal aspect because:24\n(a) the offence falls within Commonwealth legislative power25\nbecause of:26\n(i) the elements of the State offence; or27\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 23\n(ii) the circumstances in which the State offence was1\ncommitted (whether or not those circumstances are2\nexpressed to be elements of the offence); or3\n(b) the ACIC performing its intelligence or advisory functions in4\nrelation to the offence is incidental to the ACIC performing5\nits intelligence or advisory functions in relation to an offence6\nagainst a law of the Commonwealth.7\nFederal aspect8\n(2) For the purposes of this Act, a State offence has a federal aspect if,9\nand only if:10\n(a) both:11\n(i) the State offence is not an ancillary offence; and12\n(ii) assuming that the provision creating the State offence13\nhad been enacted by the Parliament of the14\nCommonwealth instead of by the Parliament of the15\nState—the provision would have been a valid law of the16\nCommonwealth; or17\n(b) both:18\n(i) the State offence is an ancillary offence that relates to a19\nparticular primary offence; and20\n(ii) assuming that the provision creating the primary offence21\nhad been enacted by the Parliament of the22\nCommonwealth instead of by the Parliament of the23\nState—the provision would have been a valid law of the24\nCommonwealth; or25\n(c) assuming that the Parliament of the Commonwealth had26\nenacted a provision that created an offence penalising the27\nspecific acts or omissions involved in committing the State28\noffence—that provision would have been a valid law of the29\nCommonwealth; or30\n(d) both:31\n(i) the ACIC is performing its intelligence or advisory32\nfunctions in relation to an offence against a law of the33\nCommonwealth; and34\n(ii) if the ACIC is performing, or were to perform, its35\nintelligence or advisory functions in relation to the State36\n\n","sortOrder":13},{"sectionNumber":"24","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"24 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\noffence—that performance of those functions is, or1\nwould be, incidental to the performance of the ACIC’s2\nfunctions mentioned in subparagraph (i).3\nSpecificity of acts or omissions4\n(3) For the purposes of paragraph (2)(c), the specificity of the acts or5\nomissions involved in committing a State offence is to be6\ndetermined by having regard to the circumstances in which the7\noffence was committed (whether or not those circumstances are8\nexpressed to be elements of the offence).9\nState offences covered by paragraph (2)(c)10\n(4) A State offence is taken to be covered by paragraph (2)(c) if:11\n(a) the State offence affects the interests of:12\n(i) the Commonwealth; or13\n(ii) a Commonwealth body; or14\n(iii) a constitutional corporation; or15\n(b) the State offence was committed by a constitutional16\ncorporation; or17\n(c) the State offence was committed in a Commonwealth place;18\nor19\n(d) the State offence involved the use of a postal service or other20\nlike service; or21\n(e) the State offence involved an electronic communication; or22\n(f) the State offence involved trade or commerce:23\n(i) between Australia and places outside Australia; or24\n(ii) among the States; or25\n(iii) within a Territory, between a State and a Territory or26\nbetween 2 Territories; or27\n(g) the State offence involved:28\n(i) banking (other than State banking not extending beyond29\nthe limits of the State concerned); or30\n(ii) insurance (other than State insurance not extending31\nbeyond the limits of the State concerned); or32\n(h) the State offence relates to a matter outside Australia.33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 25\n(5) Subsection (4) does not limit paragraph (2)(c).1\nInterpretation2\n(6) For the purposes of this section, State includes the Australian3\nCapital Territory and the Northern Territory.4\n12 When an event is pre-charge5\n(1) An event covered by subsection (2) is a pre-charge event in6\nrelation to a person if it happens at a time when:7\n(a) the person has not been charged with a relevant offence and8\nsuch a charge is not imminent; or9\n(b) all such charges have been resolved.10\n(2) The events are as follows:11\n(a) a notice to produce is issued to the person;12\n(b) a summons is issued for the person to attend an examination13\nas a witness;14\n(c) an examination commences at which the person is to appear15\nas a witness;16\n(d) a requirement is imposed under section 65 for the person to17\ngive information, or produce a document or thing;18\n(e) a determination is made under section 66 to expand the19\npurposes of an examination at which the person is a witness;20\n(f) questioning of the person begins during an examination;21\n(g) material that relates to the person becomes compelled22\nmaterial;23\n(h) compelled material, or derivative material, that relates to the24\nperson is used or disclosed.25\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"When an event is post-charge26","content":"13 When an event is post-charge26\n(1) An event covered by subsection (2) is a post-charge event in27\nrelation to a person if it happens at a time when:28\n(a) the person has been charged with a relevant offence and that29\ncharge is still to be resolved; or30\n(b) such a charge is imminent.31\n\n","sortOrder":15},{"sectionNumber":"26","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"26 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(2) The events are as follows:1\n(a) a notice to produce is issued to the person;2\n(b) a summons is issued for the person to attend an examination3\nas a witness;4\n(c) an examination commences at which the person is to appear5\nas a witness;6\n(d) a requirement is imposed under section 65 for the person to7\ngive information, or produce a document or thing;8\n(e) a determination is made under section 66 to expand the9\npurposes of an examination at which the person is a witness;10\n(f) questioning of the person begins during an examination;11\n(g) material that relates to the person becomes compelled12\nmaterial;13\n(h) compelled material, or derivative material, that relates to the14\nperson is used or disclosed.15\n14 When an offence is a relevant offence16\nAn offence is a relevant offence if:17\n(a) in the case of compelled material, derivative material or a18\nwitness—the subject matter of the notice to produce or19\nexamination, as relevant, relates to the subject matter of the20\noffence; or21\n(b) in the case of a summons—the subject matter of the22\nsummons relates to the subject matter of the offence; or23\n(c) in the case of a determination made under subsection 66(1)—24\nthe subject matter of the authorisation mentioned in that25\nsubsection relates to the subject matter of the offence.26\nNote: The subject matter of an examination may expand during the27\nexamination if the purposes of the examination are expanded by a28\ndetermination made under subsection 66(1).29\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of imminent and protected suspect30","content":"15 Meaning of imminent and protected suspect30\nWhen a charge for an offence is imminent31\n(1) A charge for an offence is imminent for a person if:32\n(a) the person is a protected suspect; or33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 27\n(b) the person is under arrest for the offence, but has not been1\ncharged with the offence; or2\n(c) a person with authority to commence a process for3\nprosecuting the person for the offence has decided to4\ncommence, but has not yet commenced, the process.5\nNote: Paragraph (1)(c) would apply, for example, if a person with authority6\nto lay a charge has decided to lay, but not yet laid, the charge.7\nWhen a confiscation proceeding is imminent8\n(2) A confiscation proceeding against a person is imminent if a person9\nwith authority to commence the proceeding has decided to10\ncommence, but has not yet commenced, the proceeding.11\nMeaning of protected suspect12\n(3) Each of the following is a protected suspect:13\n(a) a protected suspect (within the meaning of Part IC of the14\nCrimes Act 1914);15\n(b) a person who would be covered by paragraph (a) if the16\ndefinition of Commonwealth offence in section 23B of that17\nAct included any offence against a law of a State or18\nTerritory.19\n16 When an event is pre-confiscation application20\n(1) An event covered by subsection (2) is a pre-confiscation21\napplication event in relation to a person if it happens at a time22\nwhen:23\n(a) a relevant confiscation proceeding has not commenced24\nagainst the person and such a proceeding is not imminent; or25\n(b) all such proceedings have been resolved.26\n(2) The events are as follows:27\n(a) a notice to produce is issued to the person;28\n(b) a summons is issued for the person to attend an examination29\nas a witness;30\n(c) an examination commences at which the person is to appear31\nas a witness;32\n\n","sortOrder":17},{"sectionNumber":"28","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"28 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(d) a requirement is imposed under section 65 for the person to1\ngive information, or produce a document or thing;2\n(e) a determination is made under section 66 to expand the3\npurposes of an examination at which the person is a witness;4\n(f) questioning of the person begins during an examination;5\n(g) material that relates to the person becomes compelled6\nmaterial;7\n(h) compelled material, or derivative material, that relates to the8\nperson is used or disclosed.9\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"When an event is post-confiscation application10","content":"17 When an event is post-confiscation application10\n(1) An event covered by subsection (2) is a post-confiscation11\napplication event in relation to a person if it happens at a time12\nwhen:13\n(a) a relevant confiscation proceeding has commenced against14\nthe person and that proceeding is still to be resolved; or15\n(b) such a proceeding is imminent.16\n(2) The events are as follows:17\n(a) a notice to produce is issued to the person;18\n(b) a summons is issued for the person to attend an examination19\nas a witness;20\n(c) an examination commences at which the person is to appear21\nas a witness;22\n(d) a requirement is imposed under section 65 for the person to23\ngive information, or produce a document or thing;24\n(e) a determination is made under section 66 to expand the25\npurposes of an examination at which the person is a witness;26\n(f) questioning of the person begins during an examination;27\n(g) material that relates to the person becomes compelled28\nmaterial;29\n(h) compelled material, or derivative material, that relates to the30\nperson is used or disclosed.31\n18 Meaning of confiscation proceeding32\n(1) A confiscation proceeding means a proceeding under:33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 29\n(a) the Proceeds of Crime Act 2002 (the Act); or1\n(b) a corresponding law within the meaning of the Act.2\n(2) A prosecution for an offence under the Act or a corresponding law3\nis not a confiscation proceeding.4\n(3) A proceeding is taken to be a confiscation proceeding against a5\nperson if:6\n(a) for a proceeding under the Act—the person is a suspect7\n(within the meaning of the Act) for the proceeding; or8\n(b) for a proceeding under a corresponding law—the person is in9\na corresponding category for that law.10\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"When a confiscation proceeding is a relevant confiscation11","content":"19 When a confiscation proceeding is a relevant confiscation11\nproceeding12\nA confiscation proceeding is a relevant confiscation proceeding if:13\n(a) in the case of compelled material, derivative material or a14\nwitness—the subject matter of the notice to produce or15\nexamination, as relevant, relates to the subject matter of the16\nproceeding; or17\n(b) in the case of a summons—the subject matter of the18\nsummons relates to the subject matter of the proceeding; or19\n(c) in the case of a determination made under subsection 66(1)—20\nthe subject matter of the authorisation mentioned in that21\nsubsection relates to the subject matter of the proceeding.22\nNote: The subject matter of an examination may expand during the23\nexamination if the purposes of the examination are expanded by a24\ndetermination made under subsection 66(1).25\n20 Meaning of proceeds of crime authority26\nEach of the following is a proceeds of crime authority:27\n(a) a proceeds of crime authority within the meaning of the28\nProceeds of Crime Act 2002;29\n(b) an authority of a State or Territory responsible for conducting30\na confiscation proceeding under a corresponding law (within31\nthe meaning of the Proceeds of Crime Act 2002).32\n\n","sortOrder":20},{"sectionNumber":"30","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"30 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"When a charge or confiscation proceeding is resolved1","content":"21 When a charge or confiscation proceeding is resolved1\nCharge for an offence2\n(1) A charge for an offence is resolved in relation to a person at the3\nlatest of the following times:4\n(a) when:5\n(i) the charge is withdrawn; or6\n(ii) the charge is dismissed; or7\n(iii) the person is not committed on the charge following a8\ncommittal hearing; or9\n(iv) the person is acquitted of the offence; or10\n(v) the person is sentenced for the offence; or11\n(vi) the person is dealt with by being the subject of an order12\nmade as a consequence of a finding of guilt; or13\n(vii) the charge is otherwise finally dealt with;14\n(b) if an appeal relating to a conviction for the offence the15\nsubject of the charge is not lodged within the period for16\nlodging such an appeal—when that period ends;17\n(c) if an appeal relating to a conviction for the offence the18\nsubject of the charge is lodged—when the appeal lapses or is19\nfinally determined.20\n(2) Despite paragraph (1)(b), if an appeal relating to a conviction for21\nan offence the subject of the charge is lodged after that period22\nends, the charge ceases to be resolved until that appeal lapses or is23\nfinally determined.24\nConfiscation proceedings25\n(3) A confiscation proceeding is resolved in relation to a person at the26\nlatest of the following times:27\n(a) when the proceeding is discontinued;28\n(b) if an appeal relating to the proceeding is not lodged within29\nthe period for lodging such an appeal—when that period30\nends;31\n(c) if an appeal relating to the proceeding is lodged—when the32\nappeal lapses or is finally determined.33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 31\n(4) Despite paragraph (3)(b), if an appeal relating to the proceeding is1\nlodged after that period ends, the proceeding ceases to be resolved2\nuntil that appeal lapses or is finally determined.3\n\n32 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nPart 2—The Australian Criminal Intelligence1\nCommission2\nDivision 1—Preliminary3\n22 Simplified outline of this Part4\nThe Australian Criminal Intelligence Commission is continued in5\nexistence by this Act. The ACIC consists of the Director-General,6\nthe examiners and ACIC staff members.7\nThe ACIC has the function of obtaining intelligence relevant to8\nserious and organised crime and communicating that intelligence to9\ncombat such crime. It also has several other functions, such as10\nproviding nationally coordinated criminal history check services11\nand making criminal intelligence assessments.12\nThe ACIC may cooperate with other agencies for purposes relating13\nto the ACIC’s functions or the other agency’s functions.14\nThe ACIC is under the control of the Director-General. The15\nDirector-General is responsible for managing the affairs of the16\nACIC and ensuring the ACIC performs its functions. The Minister17\nmay give limited directions to the Director-General.18\nThe Minister may make guidelines relating to personal information19\nand other matters.20\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 33\n","sortOrder":22},{"sectionNumber":"Div 2","sectionType":"division","heading":"The Australian Criminal Intelligence1","content":"Division 2—The Australian Criminal Intelligence1\nCommission2\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"The Australian Criminal Intelligence Commission3","content":"23 The Australian Criminal Intelligence Commission3\n(1) The agency known immediately before the commencement of this4\nsubsection as the Australian Criminal Intelligence Commission5\nestablished by the Australian Crime Commission Act 2002 is6\ncontinued in existence with that name.7\nNote: See also section 25B of the Acts Interpretation Act 1901.8\n(2) The ACIC consists of:9\n(a) the Director-General; and10\n(b) the examiners; and11\n(c) ACIC staff members.12\n(3) For the purposes of the finance law (within the meaning of the13\nPublic Governance, Performance and Accountability Act 2013):14\n(a) the ACIC is a listed entity; and15\n(b) the Director-General is the accountable authority of the16\nACIC; and17\n(c) the following persons are officials of the ACIC:18\n(i) the Director-General;19\n(ii) the examiners;20\n(iii) ACIC employees (see section 259);21\n(iv) consultants engaged under section 260;22\n(v) persons performing services for the ACIC under an23\nagreement under section 262; and24\n(d) the purposes of the ACIC include:25\n(i) the functions of the ACIC referred to in section 24; and26\n(ii) the functions of the Director-General referred to in27\nsection 34.28\n24 Functions of the ACIC29\nThe ACIC has the following functions:30\n\n","sortOrder":24},{"sectionNumber":"34","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"34 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(a) to obtain, correlate, analyse and evaluate intelligence relevant1\nto serious and organised crime;2\n(b) for purposes connected with combatting serious and3\norganised crime—to communicate intelligence relevant to4\nserious and organised crime to such persons, and in such5\nmanner, as are appropriate to those purposes;6\n(c) for purposes connected with combatting serious and7\norganised crime—to obtain, correlate, analyse and evaluate8\nintelligence relevant to, and provide advice to any person or9\nbody about, any of the following:10\n(i) strategic or emerging crime trends;11\n(ii) criminal activity;12\n(iii) preventing crime;13\n(d) to correlate, provide access to and facilitate the exchange of14\nnational policing information, and to provide systems and15\nservices for those purposes;16\n(e) to provide nationally coordinated criminal history check17\nservices, and to regulate persons and bodies in relation to18\nsuch services;19\n(f) to make and give criminal intelligence assessments in20\naccordance with Part 7;21\n(g) to cooperate with and assist persons and bodies referred to in22\nsection 29 in accordance with that section;23\n(h) such other functions as are conferred on the ACIC by other24\nprovisions of this Act or by any other Act;25\n(i) to do anything incidental or conducive to the performance of26\nany of the above functions.27\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Use of information or intelligence obtained by the ACIC28","content":"25 Use of information or intelligence obtained by the ACIC28\n(1) If the ACIC obtains particular information or intelligence in the29\ncourse of performing one or more of its functions, nothing in this30\nAct is taken to prevent the ACIC from using the information or31\nintelligence in the performance of any of its other functions.32\n(2) To avoid doubt, the use of the information or intelligence is subject33\nto any other provision of this Act that restricts the use of the34\ninformation or intelligence.35\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 35\n26 Incidental powers of the ACIC1\n(1) The ACIC has power to do all things necessary to be done for or in2\nconnection with, or reasonably incidental to, the performance of its3\nfunctions.4\n(2) Nothing in this Act limits the generality of this section.5\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Cooperation with other agencies etc. in connection with6","content":"27 Cooperation with other agencies etc. in connection with6\nperformance of the ACIC’s own functions7\n(1) The ACIC may cooperate with the following persons or bodies so8\nfar as necessary for, or conducive to, the performance of the9\nACIC’s functions:10\n(a) an intelligence or security agency;11\n(b) a law enforcement agency;12\n(c) a Commonwealth body;13\n(d) a State agency;14\n(e) a Territory agency;15\n(f) an authority of another country that is approved by the16\nDirector-General as being capable of assisting the ACIC in17\nthe performance of its functions;18\n(g) an international body that is approved by the19\nDirector-General as being capable of assisting the ACIC in20\nthe performance of its functions.21\n(2) The Director-General may, in writing, approve the following:22\n(a) an authority for the purposes of paragraph (1)(f);23\n(b) an international body for the purposes of paragraph (1)(g).24\n(3) The Director-General must:25\n(a) as soon as practicable after making the approval, notify the26\nInspector-General of Intelligence and Security of that fact;27\nand28\n(b) ensure that a copy of the approval is kept by the ACIC; and29\n(c) ensure that the copy is available on request by the30\nInspector-General of Intelligence and Security.31\n\n","sortOrder":27},{"sectionNumber":"36","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"36 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n28 Policing support by Australian Federal Police to be by agreement1\n(1) The Director-General, on behalf of the ACIC, and the AFP2\nCommissioner, on behalf of the Australian Federal Police, must3\nenter into a written agreement in relation to the provision of4\npolicing support by the Australian Federal Police to the ACIC for5\nthe purposes of assisting or cooperating with the ACIC in the6\nperformance of the ACIC’s functions.7\n(2) Any policing support provided by the Australian Federal Police to8\nthe ACIC for the purposes mentioned in subsection (1) must be9\nprovided in accordance with the agreement mentioned in that10\nsubsection.11\n(3) To avoid doubt:12\n(a) an agreement under subsection (1) in relation to the policing13\nsupport must be in force before the policing support is14\nprovided; and15\n(b) this section does not otherwise limit the ACIC’s power to16\ncooperate with the Australian Federal Police or another law17\nenforcement agency for the purposes of paragraph 27(1)(b).18\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Cooperation with other agencies etc. in connection with19","content":"29 Cooperation with other agencies etc. in connection with19\nperformance of their functions20\n(1) The ACIC may cooperate with and assist any of the following21\npersons or bodies in the performance of the functions of the person22\nor body:23\n(a) an intelligence or security agency;24\n(b) a law enforcement agency;25\n(c) a Commonwealth body;26\n(d) a State agency prescribed by the rules;27\n(e) a Territory agency prescribed by the rules.28\n(2) However, the ACIC may only do so:29\n(a) subject to any arrangements made or directions given by the30\nMinister; and31\n(b) on request by:32\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 37\n(i) in the case of cooperation with or assistance to a1\nperson—that person; or2\n(ii) in the case of cooperation with or assistance to a body—3\nthe head (however described) of the body.4\n(3) Without limiting subsection (1), in cooperating with or assisting a5\nperson or body in accordance with this section, the ACIC may6\nmake the services of any of the following, and other resources of7\nthe ACIC, available to the person or body:8\n(a) ACIC employees (see section 259);9\n(b) consultants engaged under section 260;10\n(c) persons performing services for the ACIC under an11\nagreement under section 262.12\n30 Constitutional limits of national policing information functions13\n(1) The ACIC may perform its national policing information functions14\nonly in accordance with this section.15\nMain constitutional basis16\n(2) The ACIC may perform its national policing information functions17\nwith respect to activities that are peculiarly adapted to the18\ngovernment of a nation and cannot otherwise be carried on for the19\nbenefit of the nation.20\nOther constitutional bases21\n(3) In addition, the ACIC may perform its national policing22\ninformation functions with respect to:23\n(a) a postal, telegraphic, telephonic or other like service; or24\n(b) a Territory, including in a Territory; or25\n(c) a Commonwealth place, including in a Commonwealth place;26\nor27\n(d) trade and commerce:28\n(i) between Australia and places outside Australia; or29\n(ii) among the States; or30\n(iii) within a Territory, between a State and a Territory or31\nbetween 2 Territories; or32\n\n","sortOrder":29},{"sectionNumber":"38","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"38 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(e) external affairs, including:1\n(i) giving effect to any international agreement to which2\nAustralia is a party; and3\n(ii) by way of the performance of the national policing4\ninformation functions in, or in relation to, a place5\noutside Australia; or6\n(f) the influx of criminals into Australia; or7\n(g) the service and execution throughout the Commonwealth of8\nthe civil and criminal process and the judgments of the courts9\nof the States; or10\n(h) the executive power of the Commonwealth; or11\n(i) matters incidental to the execution of any of the legislative12\npowers of the Parliament or the executive power of the13\nCommonwealth.14\nMeaning of terms15\n(4) A term used in this section and the Constitution has the same16\nmeaning in this section as it has in the Constitution.17\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Fees in relation to national policing information functions18","content":"31 Fees in relation to national policing information functions18\n(1) The ACIC may, on behalf of the Commonwealth, charge fees19\nprescribed by the rules for goods or services that are provided by20\nthe ACIC in the course of performing its national policing21\ninformation functions.22\n(2) Without limiting the scope of rules that may be made for the23\npurposes of subsection (1), or subsection 33(3A) of the Acts24\nInterpretation Act 1901, the rules may do one or more of the25\nfollowing:26\n(a) prescribe a fee by specifying the amount of the fee or a27\nmethod of working out the fee;28\n(b) prescribe 2 or more fees for the same matter;29\n(c) specify the circumstances in which a specified fee is payable,30\nincluding by providing that the fee is payable if the ACIC is31\nsatisfied of specified matters;32\n(d) prescribe different fees for different classes of persons or33\nactivities;34\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 39\n(e) specify that the amount of a fee is the cost (including the1\ninternal cost) incurred by the ACIC or the Commonwealth in2\narranging and paying for another person to carry out the3\nrelevant activity;4\n(f) prescribe circumstances in which a person is exempt from5\npaying a specified fee;6\n(g) make provision for when and how fees are to be paid;7\n(h) make provision in relation to penalties for late payment of8\nspecified fees;9\n(i) make provision in relation to the circumstances in which the10\nACIC may refund, remit or waive fees or penalties for late11\npayment of fees.12\n(3) However, rules made for the purposes of subsection (1) must not13\nprovide for the charging of a fee for goods or services that are14\nprovided by the ACIC in the course of performing its national15\npolicing information functions if charge is imposed by the Charges16\nAct in relation to the goods or services.17\n(4) The amount of a fee may be nil.18\n(5) A fee charged under subsection (1) must not be such as to amount19\nto taxation.20\n(6) A fee charged under subsection (1):21\n(a) is a debt due to the ACIC, on behalf of the Commonwealth;22\nand23\n(b) is recoverable by the ACIC, on behalf of the Commonwealth,24\nin a court of competent jurisdiction.25\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"National policing information charges26","content":"32 National policing information charges26\nPayment of charge27\n(1) Charge imposed by the Charges Act on an application to the ACIC28\nfor a nationally coordinated criminal history check service is29\npayable to the ACIC, on behalf of the Commonwealth.30\n\n","sortOrder":32},{"sectionNumber":"40","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"40 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(2) An amount of charge imposed by the Charges Act on an1\napplication to the ACIC for a nationally coordinated criminal2\nhistory check service:3\n(a) is a debt due to the Commonwealth; and4\n(b) is recoverable by the ACIC, on behalf of the Commonwealth,5\nin a court of competent jurisdiction.6\nWaiver etc. of charge7\n(3) The ACIC may, on behalf of the Commonwealth:8\n(a) waive or reduce charge imposed by the Charges Act on an9\napplication for a nationally coordinated criminal history10\ncheck service in the circumstances prescribed by the rules for11\nthe purposes of this paragraph; or12\n(b) refund, in whole or in part, charge imposed by the Charges13\nAct on an application for a nationally coordinated criminal14\nhistory check service in the circumstances prescribed by the15\nrules for the purposes of this paragraph.16\nCommonwealth liability for charge17\n(4) The Commonwealth is not liable to pay charge imposed by the18\nCharges Act. However, it is the Parliament’s intention that the19\nCommonwealth should be notionally liable to pay such a charge.20\n(5) The Finance Minister may give such written directions as are21\nnecessary or convenient for carrying out or giving effect to22\nsubsection (4) and, in particular, may give directions in relation to23\nthe transfer of money within an account, or between accounts,24\noperated by the Commonwealth.25\n(6) Directions under subsection (5) have effect, and must be complied26\nwith, despite any other Commonwealth law.27\n(7) Directions under subsection (5) are not legislative instruments.28\n(8) In subsections (4) and (5):29\nCommonwealth includes a Commonwealth entity (within the30\nmeaning of the Public Governance, Performance and31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 41\nAccountability Act 2013) that cannot be made liable to taxation by1\na Commonwealth law.2\n\n42 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 3—The Director-General of the ACIC1\n33 Director-General2\nThere is to be a Director-General of the Australian Criminal3\nIntelligence Commission.4\n34 Functions of Director-General5\n(1) The Director-General has the following functions:6\n(a) to manage the affairs of the ACIC;7\n(b) to ensure the ACIC performs its functions;8\n(c) any other functions conferred on the Director-General by this9\nAct or another Act;10\n(d) to do anything incidental or conducive to the performance of11\nany of the above functions.12\n(2) The Director-General has power to do all things necessary or13\nconvenient to be done for or in connection with the performance of14\nthe Director-General’s functions.15\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Control of the ACIC16","content":"35 Control of the ACIC16\nThe ACIC is under the control of the Director-General.17\n36 Independence of Director-General18\nSubject to this Act and any other laws of the Commonwealth, the19\nDirector-General:20\n(a) has complete discretion in the performance of the21\nDirector-General’s functions, and the exercise of the22\nDirector-General’s powers, under this Act; and23\n(b) is not subject to direction by any person in relation to the24\nperformance of those functions or the exercise of those25\npowers.26\nNote: The Minister may give directions to the Director-General in limited27\ncircumstances: see section 37.28\n\nThe Director-General of the ACIC Division 3\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 43\n","sortOrder":34},{"sectionNumber":"37","sectionType":"section","heading":"Minister may give directions of specific nature to1","content":"37 Minister may give directions of specific nature to1\nDirector-General2\nMinister may give directions3\n(1) If the Minister is satisfied that it is necessary in the public interest4\nto do so, the Minister may give written directions of a specific5\nnature to the Director-General about the performance of the6\nDirector-General’s functions, or the exercise of the7\nDirector-General’s powers, under this Act.8\nLimitations and requirements9\n(2) However, the Minister must not give a direction in relation to the10\ncontent of, or any conclusions to be reached in, any advice, report11\nor assessment (however described) by the ACIC or the12\nDirector-General under this Act.13\n(3) In giving a direction under subsection (1), the Minister must not14\noverride the opinion of the Director-General:15\n(a) on the question of whether the collection of intelligence by16\nthe ACIC concerning a particular person, entity or group17\nwould, or would not, be consistent with ACIC’s functions; or18\n(b) on the question of whether a communication of intelligence19\nconcerning a particular person, entity or group would be20\nconsistent with the ACIC’s functions;21\nunless the Minister sets out, in the direction, the Minister’s reasons22\nfor overriding the opinion of the Director-General.23\nNote: See section 38 for additional requirements in relation to such24\ndirections.25\nCompliance with directions26\n(4) The Director-General must comply with a direction under27\nsubsection (1).28\n(5) Subsection (4) does not apply to the extent that the direction relates29\nto the Director-General’s performance of functions, or exercise of30\npowers, under the following Acts in relation to the ACIC:31\n(a) the Public Service Act 1999;32\n\n","sortOrder":35},{"sectionNumber":"44","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"44 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(b) the Public Governance, Performance and Accountability Act1\n2013.2\nConsultation before giving directions3\n(6) The Minister must consult the Director-General and the Secretary4\nof the Department before giving a direction under subsection (1).5\n(7) The Minister must also consult the National Policing Information6\nCommittee before giving a direction under subsection (1) in7\nrespect of the performance of the Director-General’s functions8\nrelating to national policing information.9\nCopies of directions10\n(8) The Minister must give the Inspector-General of Intelligence and11\nSecurity and the Secretary of the Department a copy of any12\ndirection given under subsection (1) as soon as practicable after13\ngiving the direction.14\nTabling in Parliament15\n(9) The Minister must table, in each House of the Parliament, a16\nstatement that a direction under this section was given to the17\nDirector-General as soon as practicable after giving the direction.18\nStatus of instruments19\n(10) The following are not legislative instruments:20\n(a) a direction under subsection (1);21\n(b) a statement under subsection (9).22\n38 Additional requirements—directions overriding opinion of23\nDirector-General24\n(1) This section applies if the Minister gives a direction of a kind25\nmentioned in subsection 37(3) overriding the opinion of the26\nDirector-General.27\n(2) The Minister must give a copy of the direction to the Prime28\nMinister.29\n\nThe Director-General of the ACIC Division 3\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 45\nNote: A copy must also be given to the Inspector-General of Intelligence1\nand Security and the Secretary of the Department: see subsection2\n37(8).3\n(3) If intelligence is collected or communicated in accordance with the4\ndirection, the Director-General must ensure that a record is kept of5\nthe intelligence collected or communicated.6\n","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Ministerial guidelines7","content":"39 Ministerial guidelines7\nMinister must make guidelines relating to use etc. of personal8\ninformation9\n(1) The Minister must make written guidelines relating to the10\ncollection, retention, use, disclosure and destruction of personal11\ninformation in the performance of functions, or the exercise of12\npowers, under this Act.13\nMinister may make guidelines relating to other matters14\n(2) The Minister may make written guidelines otherwise relating to the15\nperformance of functions, or the exercise of powers, under this16\nAct.17\nConsultation before making guidelines18\n(3) Before making guidelines under this section, the Minister must19\nconsult:20\n(a) if the Minister is not the Attorney-General—the21\nAttorney-General; and22\n(b) the Director-General; and23\n(c) the Secretary of the Department; and24\n(d) the Inspector-General of Intelligence and Security.25\nFailure to comply with guidelines does not affect validity of things26\ndone27\n(4) To avoid doubt, a failure by the ACIC to have regard to or comply28\nwith guidelines made under this section does not affect the validity29\nof anything done by the ACIC.30\n\n","sortOrder":37},{"sectionNumber":"46","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"46 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDirections prevail over guidelines1\n(5) Directions given under subsection 37(1) prevail over any2\nguidelines made under this section to the extent of any3\ninconsistency.4\nGuidelines must be published5\n(6) Guidelines made under this section must be published on the6\nDepartment’s website as soon as practicable after being made,7\nexcept to the extent that the guidelines contain information that has8\na protective security classification.9\nGuidelines not legislative instruments10\n(7) Guidelines made under this section are not legislative instruments.11\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 47\n","sortOrder":38},{"sectionNumber":"Part 3","sectionType":"part","heading":"Coercive Powers1","content":"Part 3—Coercive Powers1\n40 Simplified outline of this Part3\nAn examiner may, for the purposes of obtaining intelligence4\nrelevant to serious and organised crime:5\n(a) require a person to give information, or produce a6\ndocument or thing, by giving the person a notice to7\nproduce; or8\n(b) conduct an examination and summon a person to attend9\nthe examination.10\nHowever, an examiner may only do so if the Minister has issued an11\nauthorisation that identifies the serious and organised crime and the12\nexaminer reasonably suspects that the person has information, a13\ndocument or a thing that would assist the ACIC to obtain14\nintelligence relevant to the serious and organised crime.15\nA person must comply with a notice to produce or a summons to16\nattend an examination. There are offences for failing to comply,17\ngiving false or misleading information, or destroying information,18\ndocuments or things.19\nAn examiner may include a non-disclosure notation in a notice to20\nproduce or a summons, which prohibits the disclosure of21\ninformation about the notice or summons.22\nInformation, documents and things that are given under a notice to23\nproduce or during an examination are subject to special24\nprotections. An examiner may make a direction that the25\ninformation, documents and things must not be used or disclosed,26\nor may only be used or disclosed in limited circumstances.27\n\n","sortOrder":39},{"sectionNumber":"48","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"48 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nCertain privileges and protections apply to persons who are1\ncompelled to give information, documents or things to the ACIC2\nunder this Part.3\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 49\nDivision 2—Authorisations for coercive powers1\n","sortOrder":40},{"sectionNumber":"41","sectionType":"section","heading":"Minister may issue authorisations2","content":"41 Minister may issue authorisations2\n(1) The Minister may issue an authorisation identifying serious and3\norganised crime in relation to which the ACIC may exercise the4\npowers in this Part.5\nNote: An authorisation must be in force before an examiner may exercise6\ncertain powers, including to hold an examination under section 58 or7\nto give a person a notice to give information or produce a document or8\nthing under section 50.9\n(2) The only condition for the exercise of the power to issue an10\nauthorisation under subsection (1) is that the Minister is satisfied11\nthat it is in the public interest to issue the authorisation.12\n(3) Without limiting the matters that the Minister may take into13\naccount in deciding whether issuing an authorisation is in the14\npublic interest, the Minister may take into account the following:15\n(a) the potential economic or social harm associated with the16\nserious and organised crime to which the authorisation17\nrelates;18\n(b) the extent to which intelligence relevant to the serious and19\norganised crime to which the authorisation relates is likely to20\nsupport law enforcement agencies or intelligence or security21\nagencies to combat serious and organised crime;22\n(c) if the authorisation relates to one or more categories of23\nentities, groups or suspected offenders—the extent to which24\nentities, groups or suspected offenders covered by those25\ncategories are involved, or appear to be involved, in serious26\nand organised crime;27\n(d) if the authorisation relates to one or more specific entities,28\ngroups or suspected offenders—the extent to which those29\nentities, groups or suspected offenders are involved, or30\nappear to be involved, in serious and organised crime;31\n(e) if the authorisation relates to one or more categories of32\nserious and organised crime—the prevalence, or suspected33\nprevalence, of those categories;34\n\nDivision 2 Authorisations for coercive powers\n","sortOrder":41},{"sectionNumber":"50","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"50 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(f) if the authorisation relates to one or more federal offences or1\ncategories of federal offences—the prevalence, or suspected2\nprevalence, of those offences or categories of offences.3\n(4) The authorisation may identify the serious and organised crime to4\nwhich an authorisation relates at whatever level of generality the5\nMinister considers appropriate.6\n(5) Without limiting subsection (4), an authorisation may identify the7\nserious and organised crime by reference to:8\n(a) one or more categories of serious and organised crime; or9\n(b) one or more categories of entities, groups or suspected10\noffenders; or11\n(c) one or more specific allegations of serious and organised12\ncrime; or13\n(d) one or more specific entities, groups or suspected offenders;14\nor15\n(e) one or more federal offences or categories of federal16\noffences; or17\n(f) any combination of the above.18\n(6) To avoid doubt:19\n(a) in deciding whether issuing an authorisation is in the public20\ninterest, the Minister is not required to consider any of the21\nmatters in paragraphs (3)(a) to (e); and22\n(b) an authorisation is not required to specify:23\n(i) any particular conduct or transaction to which, or any24\nparticular person to whom, the authorisation relates; or25\n(ii) any timeframe within which any serious and organised26\ncrime may have been, may be being, or may in future27\nbe, committed.28\nNotice and record of decision29\n(7) As soon as practicable after issuing an authorisation, the Minister30\nmust:31\n(a) cause the Director-General to be informed of the issuance of32\nthe authorisation; and33\n(b) cause the authorisation to be given to the Director-General.34\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 51\nIssuance of further authorisation not prevented1\n(8) Nothing in this Act prevents the Minister from issuing an2\nauthorisation in relation to any or all of the same serious and3\norganised crime identified in an earlier authorisation.4\nAuthorisation not legislative instrument5\n(9) An authorisation issued under subsection (1) is not a legislative6\ninstrument.7\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Form and content of authorisations8","content":"42 Form and content of authorisations8\nAn authorisation must:9\n(a) be in writing; and10\n(b) be signed by the Minister; and11\n(c) state the day and time it is issued; and12\n(d) state that it authorises the exercise of the ACIC’s coercive13\npowers in this Part in accordance with its terms; and14\n(e) specify when the authorisation ceases to be in force, which15\nmust be before the end of the period of 12 months beginning16\non the day after the day the authorisation comes into force.17\nNote: Where the period for which the authorisation is in force is extended,18\nor further extended, in accordance with section 44, the authorisation,19\nas extended, must cease to be in force before the end of 36 months20\nbeginning on the day after the day the authorisation comes into force.21\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"When authorisation is in force22","content":"43 When authorisation is in force22\n(1) An authorisation comes into force immediately after the23\nauthorisation is issued.24\n(2) The authorisation ceases to be in force:25\n(a) unless paragraph (b) applies—at the time specified in the26\nauthorisation in accordance with paragraph 42(e) (subject to27\nany variation in accordance with section 44); or28\n(b) if the authorisation is revoked under subsection 45(1),—at29\nthe time the Director-General is informed of the revocation.30\n\nDivision 2 Authorisations for coercive powers\n52 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n44 Minister may vary authorisation1\nMinister may vary authorisation2\n(1) The Minister may vary an authorisation.3\n(2) To avoid doubt, subsections 41(2) and (3) and paragraph 41(6)(a)4\napply in the same way to the varying of an authorisation as they do5\nto the issuing of an authorisation.6\n(3) If the Minister varies an authorisation, then as soon as practicable7\nafter varying the authorisation, the Minister must:8\n(a) cause the Director-General to be informed of the variation;9\nand10\n(b) cause the variation to be given to the Director-General.11\n(4) The variation takes effect:12\n(a) on the day specified in the variation, which must not be13\nearlier than the day the variation is made; and14\n(b) at the time specified in the variation, which must not be15\nearlier than the time the variation is made.16\nAuthorisation may be varied more than once17\n(5) An authorisation may be varied more than once under this section.18\nVariation may extend period during which authorisation is in force19\n(6) Despite paragraph 42(e), a variation may extend the period for20\nwhich the authorisation is in force by up to 12 months.21\n(7) Despite subsection (6), if a variation extends, or further extends,22\nthe period for which an authorisation is in force, the authorisation23\nmust cease to be in force before the end of the period of 36 months24\nbeginning on the day after the day the authorisation comes into25\nforce.26\nActs Interpretation Act 1901 not limited27\n(8) This section does not limit subsection 33(3) of the Acts28\nInterpretation Act 1901.29\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 53\n","sortOrder":44},{"sectionNumber":"45","sectionType":"section","heading":"Minister may revoke authorisation1","content":"45 Minister may revoke authorisation1\n(1) The Minister may, by writing, revoke an authorisation at any time.2\n(2) If the Minister revokes an authorisation, the Minister must, as soon3\nas practicable:4\n(a) inform the Director-General of the revocation; and5\n(b) cause the revocation to be given to the Director-General.6\n46 Director-General to give reports about authorisations7\nThe Director-General must, within 3 months after the day an8\nauthorisation has ceased to have effect, give the Minister a written9\nreport containing details about the extent to which the actions taken10\nby the ACIC under the authorisation have assisted the ACIC in11\ncarrying out its functions.12\n\n54 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 3—Powers to require information, documents and1\nthings2\n47 Directions to agency heads3\nExaminer may issue agency direction4\n(1) This section applies if:5\n(a) an examiner reasonably suspects that an agency has6\ninformation, or a document or thing, that would assist the7\nACIC to obtain intelligence relevant to serious and organised8\ncrime that is identified in an authorisation in force under9\nDivision 2 of this Part; and10\n(b) the agency is:11\n(i) a Commonwealth agency; or12\n(ii) a State agency or Territory agency in relation to which13\nan arrangement is in effect under subsection 49(1).14\n(2) The examiner may, by notice in writing, direct the head (however15\ndescribed) of the agency to give the information, or produce the16\ndocument or thing.17\n(3) The direction is an agency direction.18\n(4) To avoid doubt, the direction may relate to more than one19\nauthorisation in force under Division 2 of this Part.20\nGeneral content of agency direction21\n(5) The direction must:22\n(a) specify how the head is to give the information, or produce23\nthe document or thing; and24\n(b) specify the period within which the head is to give the25\ninformation or produce the document; and26\n(c) if given to a State agency or Territory agency—be consistent27\nwith the arrangement mentioned in subparagraph (1)(b)(ii).28\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 55\nCompliance with agency direction1\n(6) The head must comply with the direction, except to the extent that2\ndoing so would contravene an exempt secrecy provision.3\nNote: For exempt secrecy provision, see subsection 48(1).4\nExaminer may vary agency direction5\n(7) An examiner may, at any time before the direction is complied6\nwith, vary the direction.7\n(8) Subsection (7) does not limit subsection 33(3) of the Acts8\nInterpretation Act 1901.9\nAgency head may apply for extension10\n(9) The head may, in writing and before the end of the period referred11\nto in paragraph (5)(b), apply to an examiner to vary the direction to12\nextend the period.13\n(10) Without limiting subsection (7), an examiner may vary the14\ndirection to extend, or further extend, the period referred to in15\nparagraph (5)(b) (whether or not an application is made under16\nsubsection (9)).17\n48 Meaning of exempt secrecy provision and secrecy provision18\n(1) An exempt secrecy provision is any of the following secrecy19\nprovisions:20\n(a) a secrecy provision that is a provision of a taxation law21\nwithin the meaning of the Taxation Administration Act 1953;22\n(b) a secrecy provision specified in an arrangement with a State23\nor Territory under subsection 49(1);24\n(c) section 91 of the Administrative Review Tribunal Act 2024;25\n(d) Part 5, Division 2 of the Auditor-General Act 1997;26\n(e) section 49 of the Australian Human Rights Commission Act27\n1986;28\n(f) sections 18, 18A, 18B, 35P, 81, 92 and 92A of the Australian29\nSecurity Intelligence Organisation Act 1979;30\n\n","sortOrder":45},{"sectionNumber":"56","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"56 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(g) sections 19, 19A and 19B of the Census and Statistics Act1\n1905;2\n(h) sections 4, 6, 8 and 9 of the Epidemiological studies3\n(Confidentiality) Act 1981;4\n(i) Part XIA of the Family Law Act 1975;5\n(j) Chapter 4, Part 7 of the Federal Circuit and Family Court of6\nAustralia Act 2021;7\n(k) Part VAA of the Federal Court of Australia Act 1976;8\n(l) section 130 of the Health Insurance Act 1973;9\n(m) section 34 of the Inspector-General of Intelligence and10\nSecurity Act 1986;11\n(n) section 37 of the Inspector-General of Taxation Act 2003;12\n(o) sections 39, 40C, 40D and 41 of the Intelligence Services Act13\n2001;14\n(p) Part XAA of the Judiciary Act 1903;15\n(q) sections 59, 59A and 60 of the My Health Records Act 2012;16\n(r) section 135A of the National Health Act 1953;17\n(s) sections 42 and 44 of the Office of National Intelligence Act18\n2018;19\n(t) section 35 of the Ombudsman Act 1976;20\n(u) section 64V of the Parliamentary Service Act 1999;21\n(v) sections 63 and 133 of, and clause 152 of Schedule 1 to, the22\nTelecommunications (Interception and Access) Act 1979;23\n(w) any other secrecy provision prescribed by the rules;24\n(x) anything done under a provision referred to in paragraphs (a)25\nto (w).26\n(2) A secrecy provision is either of the following:27\n(a) a provision of a law of the Commonwealth that purports to28\nprohibit any of the following:29\n(i) the use of information, or a document or thing;30\n(ii) dealing with information, or a document or thing;31\n(iii) making a record of information, or a copy of a32\ndocument or thing;33\n(iv) the disclosure or publication of information;34\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 57\n(v) the production of, or the publication of the contents of, a1\ndocument;2\n(vi) the production of a thing;3\n(vii) access to information, a document or a thing;4\n(b) anything done, under a provision of a law of the5\nCommonwealth, to prohibit an action referred to in any of6\nsubparagraphs (a)(i) to (vii).7\n(3) Subsection (2) applies regardless of whether the provision of the8\nlaw of the Commonwealth:9\n(a) commenced before the commencement of this definition; or10\n(b) is expressed to apply despite any other law.11\n","sortOrder":46},{"sectionNumber":"49","sectionType":"section","heading":"Arrangements with State and Territory Ministers12","content":"49 Arrangements with State and Territory Ministers12\nArrangements with State or Territory Ministers about agency13\ndirections14\n(1) The Minister may make an arrangement, in writing, with a Minister15\nof a participating jurisdiction, in relation to the provision of16\ninformation, documents or things by one or more State agencies or17\nTerritory agencies to the ACIC in accordance with an agency18\ndirection under section 47.19\n(2) Each of the following is a participating jurisdiction:20\n(a) a State;21\n(b) the Australian Capital Territory;22\n(c) the Northern Territory.23\n(3) An arrangement under subsection (1) takes effect at the time24\nspecified in the arrangement.25\n(4) Without limiting subsection (1), the arrangement may specify any26\nof the following:27\n(a) the agencies of the participating jurisdiction that may, or may28\nnot, be given an agency direction;29\n(b) the information, documents or things which an examiner30\nmay, or may not, require to be given or produced under an31\nagency direction;32\n\n","sortOrder":47},{"sectionNumber":"58","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"58 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(c) any secrecy provisions to which the provision of information,1\ndocuments or things under an agency direction is subject;2\n(d) any other conditions that apply in relation to the provision of3\ninformation, documents or things under an agency direction.4\nVariation of arrangements5\n(5) The arrangement may be varied by written agreement.6\n(6) A variation takes effect at the time specified in the agreement.7\nRevocation of arrangements8\n(7) The Minister or the Minister for the participating jurisdiction may,9\nby written notice to the other Minister, revoke an arrangement.10\n(8) A revocation takes effect at the time specified in the notice.11\nArrangements not legislative instruments12\n(9) Any of the following is not a legislative instrument:13\n(a) an arrangement made under subsection (1);14\n(b) any agreement varying the arrangement;15\n(c) any notice revoking the arrangement.16\n50 Notices to produce17\nExaminer may issue notice to produce18\n(1) An examiner may give a person a notice requiring the person to19\ngive information, or produce a document or a thing, if the20\nexaminer:21\n(a) reasonably suspects that the information, document or thing22\nwould assist the ACIC to obtain intelligence relevant to23\nserious and organised crime that is identified in an24\nauthorisation that is in force under Division 2 of this Part;25\nand26\n(b) is satisfied that issuing the notice is reasonable in all the27\ncircumstances.28\n(2) The notice is a notice to produce.29\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 59\n(3) The notice may be:1\n(a) either of the following:2\n(i) a pre-charge notice to produce;3\n(ii) a post-charge notice to produce; and4\n(b) either of the following:5\n(i) a pre-confiscation application notice to produce;6\n(ii) a post-confiscation application notice to produce.7\nAdditional consideration for post-charge or post-confiscation8\napplication notice to produce9\n(4) If the notice is a post-charge or post-confiscation application10\nnotice, the examiner must also be satisfied that issuing the notice is11\nreasonably necessary for the purpose of obtaining the intelligence12\nreferred to in paragraph (1)(a) even though:13\n(a) the person has been charged or the confiscation proceeding14\nhas commenced; or15\n(b) that charge or proceeding is imminent.16\nProvisions for the avoidance of doubt17\n(5) To avoid doubt, the notice:18\n(a) may be given to a person whether or not an examination is19\nbeing held for the purpose of obtaining intelligence relevant20\nto the serious and organised crime mentioned in21\nparagraph (1)(a); and22\n(b) may relate to more than one authorisation in force under23\nDivision 2 of this Part.24\nContent and service of notice25\n(6) The notice must:26\n(a) be in writing; and27\n(b) be signed by the examiner; and28\n(c) be served on the person required to give the information, or29\nproduce the document or thing; and30\n(d) specify the manner in which the person is to give the31\ninformation, or produce the document or thing; and32\n\n","sortOrder":48},{"sectionNumber":"60","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"60 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(e) specify the time at which, or the period within which, the1\nperson is to give the information or produce the document or2\nthing; and3\n(f) set out the effect of subsections 53(4) to (6) (applications for4\nextensions), sections 56 and 57 (offences for failing to5\ncomply with a notice, and giving false or misleading6\ninformation etc.) and section 78 (offence for destroying7\ndocuments or things); and8\n(g) be accompanied by a statement that the person may obtain9\nlegal advice and representation in relation to the notice.10\nReasons for notice to be recorded11\n(7) The examiner must, at or before the time the notice is issued,12\nrecord in writing the reasons for the notice.13\n","sortOrder":49},{"sectionNumber":"51","sectionType":"section","heading":"Notice may direct person to provide assistance to access14","content":"51 Notice may direct person to provide assistance to access14\ninformation etc.15\n(1) Subsection (2) applies if:16\n(a) a notice to produce requires a person to produce a thing in17\nperson (whether immediately upon service of the notice or18\notherwise); and19\n(b) the examiner issuing the notice reasonably suspects20\nassistance from the person will be required to enable an21\nACIC staff member to:22\n(i) access or continue to access information or data held in23\nor accessible from the thing while the thing is in the24\ncustody or possession of the ACIC; or25\n(ii) examine the thing.26\n(2) The notice may direct the person, when producing the thing, to27\nprovide an ACIC staff member any assistance that is reasonable28\nand necessary to enable the ACIC staff member to:29\n(a) access or continue to access information or data held in or30\naccessible from the thing while the thing is in the custody or31\npossession of the ACIC; or32\n(b) examine the thing.33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 61\n(3) Without limiting subsection (2), the notice may direct the person to1\nprovide any reasonable and necessary assistance required to enable2\nthe ACIC staff member to access or continue to access information3\nor data held in or accessible from an electronic device while the4\ndevice is in the custody or possession of the ACIC.5\nExamples: Assistance involving the application of a fingerprint or retina scan, as6\nnecessary to unlock a mobile phone, log into a computer, or access7\ndata on a data storage device.8\n(4) The person must comply with the direction.9\n","sortOrder":50},{"sectionNumber":"52","sectionType":"section","heading":"Limit on the ACIC’s continued access to data etc.10","content":"52 Limit on the ACIC’s continued access to data etc.10\nTo avoid doubt, nothing in this Division authorises the ACIC to11\ncontinue to access information or data held in, or accessible from, a12\nthing as referred to in paragraph 51(2)(a) other than while the thing13\nis in the custody or possession of the ACIC.14\n","sortOrder":51},{"sectionNumber":"53","sectionType":"section","heading":"Time or period for compliance etc.15","content":"53 Time or period for compliance etc.15\nNotice may specify time or period for compliance16\n(1) For the purposes of paragraph 50(6)(e), the notice may specify that17\nthe person must give the information, or produce the document or18\nthing:19\n(a) at a specified time that is at least 24 hours from the time the20\nnotice is served on the person; or21\n(b) within a specified period of time, which must not end prior to22\n24 hours after the time the notice is served on the person.23\nNotice may require immediate production24\n(2) Despite subsection (1), if the examiner is satisfied that any of the25\ncircumstances set out in subsection (3) apply, the notice may26\nspecify that the person is required to give the information, or27\nproduce the document or thing:28\n(a) immediately upon service of the notice; or29\n(b) within a specified period of time that ends prior to 24 hours30\nafter the time the notice is served on the person.31\n\n","sortOrder":52},{"sectionNumber":"62","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"62 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(3) The circumstances are that delay in the giving of the information,1\nor the production of the document or thing (as the case may be)2\ncould reasonably be expected to:3\n(a) seriously prejudice the ACIC’s ability to obtain intelligence4\nrelevant to serious and organised crime referred to in5\nparagraph 50(1)(a); or6\n(b) result in the concealment, loss, mutilation or destruction of:7\n(i) information or a document or thing specified in the8\nnotice; or9\n(ii) information or a document held in, or accessible from, a10\nthing specified in the notice.11\nPerson may apply for extension12\n(4) Subsection (5) applies if:13\n(a) a notice is served on a person; and14\n(b) the notice does not require information to be given, or a15\ndocument or thing to be produced, immediately upon service16\nof the notice; and17\n(c) either:18\n(i) if, for the purposes of paragraph 50(6)(e), the notice19\nspecifies a time—the time has not elapsed; or20\n(ii) if, for the purposes of paragraph 50(6)(e), the notice21\nspecifies a period—the period has not ended.22\n(5) The person may apply to an examiner, in writing, to vary the notice23\nto extend the time or period for complying with the notice.24\n(6) An examiner may, in accordance with subsection 54(1), vary the25\nnotice to extend, or further extend, the time or period specified in26\nthe notice (whether or not an application is made under27\nsubsection (5)).28\nRecord of compliance to be kept29\n(7) If the person gives the information, document or thing, as required30\nby the notice, the Director-General must:31\n(a) cause a written record of that fact to be kept; and32\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 63\n(b) if requested, cause a copy of the record to be given to the1\nperson.2\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Examiner may vary notice to produce3","content":"54 Examiner may vary notice to produce3\n(1) If an examiner issues a notice to produce requiring a person to give4\ninformation, or produce a document or thing, an examiner may, at5\nany time before the notice is complied with, vary the notice.6\n(2) Without limiting subsection (1), the variation may do either or both7\nof the following:8\n(a) vary the notice to include, amend, or revoke, a non-disclosure9\nnotation under section 101;10\n(b) vary the notice to include a direction under section 51.11\n(3) The examiner must, as soon as possible after varying the notice,12\nnotify:13\n(a) the person; and14\n(b) if the ACIC is aware that a particular legal practitioner is15\nrepresenting the person in relation to the notice—that legal16\npractitioner.17\n(4) Subsections (1) and (2) do not limit subsection 33(3) of the Acts18\nInterpretation Act 1901.19\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Allowances for expenses20","content":"55 Allowances for expenses20\n(1) A person complying with a notice to produce issued under21\nsubsection 50(1) is entitled to be paid by the Commonwealth any22\nallowances for expenses incurred as a result of that compliance that23\nare prescribed by the rules.24\n(2) For the purposes of subsection (1), the rules may prescribe:25\n(a) the kinds of expenses for which allowances are payable; and26\n(b) the amount of each such allowance.27\n(3) If no amount is prescribed for the purposes of subsection (1) in28\nrelation to a particular kind of expense incurred by a person29\ncomplying with a notice issued under subsection 50(1), the person30\n\n","sortOrder":55},{"sectionNumber":"64","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"64 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nis entitled to be paid by the Commonwealth the allowance for the1\nexpense, if any, that is determined by the Director-General.2\n56 Offence—failing to comply with notice to produce3\n(a) the person is served with a notice to produce; and5\n(b) the person fails to comply with:6\n(i) a requirement of the notice; or7\n(ii) a direction included in the notice in accordance with8\nsection 51.9\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.10\nNo continuing offence or contraventions11\n(2) Section 4K (continuing offences) of the Crimes Act 1914 does not12\napply in relation to an offence against subsection (1).13\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Offence—giving false or misleading information etc. in response14","content":"57 Offence—giving false or misleading information etc. in response14\nto notice to produce15\n(1) A person commits an offence if:16\n(a) the person is served with a notice to produce; and17\n(b) the person gives information or produces a document as18\nrequired by the notice; and19\n(c) the person does so knowing that the information or20\ndocument:21\n(i) is false or misleading; or22\n(ii) omits any matter or thing without which the information23\nor document is false or misleading.24\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.25\n(2) Subsection (1) does not apply if the information or document is not26\nfalse or misleading in a material particular.27\nNote: A defendant bears an evidential burden in relation to the matter in this28\nsubsection: see subsection 13.3(3) of the Criminal Code.29\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 65\n","sortOrder":57},{"sectionNumber":"Div 4","sectionType":"division","heading":"Examinations1","content":"Division 4—Examinations1\nSubdivision A—Examiner may conduct examination2\n58 Examinations3\n(1) An examiner may conduct an examination in relation to one or4\nmore authorisations in force under Division 2 of this Part for the5\npurposes of obtaining intelligence relevant to serious and organised6\ncrime identified in that authorisation or those authorisations.7\n(2) The examination may be:8\n(a) either of the following:9\n(i) a pre-charge examination;10\n(ii) a post-charge examination; and11\n(b) either of the following:12\n(i) a pre-confiscation application examination;13\n(ii) a post-confiscation application examination.14\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Examiner may summon persons15","content":"59 Examiner may summon persons15\nExaminer may summon person to attend examination16\n(1) In the circumstances set out in subsection (2), an examiner may17\nsummon a person:18\n(a) to attend an examination in order to appear before an19\nexaminer and give evidence:20\n(i) at a time, or before the end of a period of time, specified21\nin the summons; and22\n(ii) at a place specified in the summons; and23\n(b) to attend and appear from day to day unless excused, or24\nreleased from further attendance and appearance, by an25\nexaminer.26\n(2) The circumstances are:27\n(a) the examiner reasonably suspects that, in relation to each28\nauthorisation to which the examination relates, the person has29\n\n","sortOrder":59},{"sectionNumber":"66","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"66 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nevidence that would assist the ACIC to obtain intelligence1\nrelevant to serious and organised crime identified in that2\nauthorisation; and3\n(b) the examiner is satisfied that issuing the summons is4\nreasonable in all the circumstances.5\n(3) The summons may be:6\n(a) either of the following:7\n(i) a pre-charge summons;8\n(ii) a post-charge summons; and9\n(b) either of the following:10\n(i) a pre-confiscation application summons;11\n(ii) a post-confiscation application summons.12\nSummons may require information, or production of documents or13\nthings14\n(4) If the examiner reasonably suspects that the person has15\ninformation, or a document or thing, that would assist the ACIC to16\nobtain intelligence relevant to serious and organised crime17\nidentified in any authorisation to which the examination relates, the18\nsummons may also require the person to:19\n(a) give an examiner the information at the examination; or20\n(b) produce the document or thing at the examination.21\nAdditional consideration for post-charge summons or22\npost-confiscation application summons23\n(5) If the summons is a post-charge or a post-confiscation application24\nsummons, the examiner must also be satisfied that issuing the25\nsummons is reasonably necessary for the purposes of obtaining the26\nintelligence referred to in paragraph (2)(a) or subsection (4) even27\nthough:28\n(a) the person has been charged or the confiscation proceeding29\nhas commenced; or30\n(b) that charge or proceeding is imminent.31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 67\nPost-charge summons may deal with subject matter of charges etc.1\n(6) The matters in relation to which the examiner may issue the2\nsummons include:3\n(a) the subject matter of any charge, or imminent charge, against4\nthe person; and5\n(b) the subject matter of any confiscation proceedings, or6\nimminent confiscation proceedings, against the person.7\nReasons for summons to be recorded8\n(7) The examiner must, at or before the time a summons is issued,9\nrecord in writing the reasons for the summons.10\n60 Content and service of summons etc.11\nGeneral contents of summons12\n(1) A summons issued by an examiner under subsection 59(1) must:13\n(a) be in writing; and14\n(b) be signed by the examiner; and15\n(c) be served on the person required to attend the examination;16\nand17\n(d) be accompanied by:18\n(i) a statement that sets out the effect of sections 75, 76, 77,19\n78, 79, 80 and 84 (offences relating to examinations20\netc.) and 85 (contempt of the ACIC); and21\n(ii) a statement that the person may obtain legal advice and22\nrepresentation in relation to the summons; and23\n(iii) a copy of each authorisation to which the examination24\nrelates.25\nNote: Information contained in the copy of an authorisation may be26\nredacted: see subsection (4).27\nSummons must set out matters for questioning28\n(2) A summons must set out, so far as is reasonably practicable, the29\ngeneral nature of the matters in relation to which the person is to be30\nquestioned, except to the extent that the examiner is satisfied that31\n\n","sortOrder":60},{"sectionNumber":"68","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"68 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\ndoing so would be likely to prejudice the ACIC’s ability to obtain1\nintelligence relevant to serious and organised crime identified in2\nany authorisation to which the summons relates.3\n(3) To avoid doubt, subsection (2) does not prevent a person from4\nbeing questioned in relation to any matter that relates to serious5\nand organised crime identified in any authorisation to which the6\nexamination relates (including any authorisation subject to a7\ndetermination under subsection 66(1)).8\nDirector-General may redact information9\n(4) Before a copy of an authorisation to which a summons relates is10\ngiven to a person under subparagraph (1)(d)(iii), the11\nDirector-General may redact information from the copy if the12\nDirector-General is satisfied that providing the information to the13\nperson would be likely to prejudice the ACIC’s ability to obtain14\nintelligence relevant to serious and organised crime identified in15\nthe authorisation.16\n","sortOrder":61},{"sectionNumber":"61","sectionType":"section","heading":"Appearance and attendance at examination17","content":"61 Appearance and attendance at examination17\n(1) A summons may direct that the person summoned to appear before18\nan examiner at the examination so appear by way of video link,19\naudio link or other means the examiner considers appropriate.20\n(2) To avoid doubt, subsection (1) does not:21\n(a) require the examiner, before issuing the summons, to22\nconsider whether the examination is to be conducted in23\nperson or remotely via video link, audio link, or other means;24\nor25\n(b) prevent an examiner from directing the person under26\nsubsection 64(1) to appear by way of video link, audio link or27\nother means the examiner considers appropriate.28\n62 Time or period for compliance etc.29\n(1) For the purposes of paragraph 59(1)(a), a summons may specify30\nthat the person required to attend the examination must so attend:31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 69\n(a) at a specified time that is at least 24 hours after the time the1\nsummons is served on the person; or2\n(b) within a specified period of time, which must not end prior to3\n24 hours after the time the summons is served on the person.4\n(2) Despite subsection (1), if the examiner mentioned in subsection5\n60(1) is satisfied that any of the circumstances set out in6\nsubsection (3) of this section apply in relation to the person, the7\nsummons may specify that the person is required to attend the8\nexamination:9\n(a) immediately upon service of the summons; or10\n(b) within a specified period of time that ends prior to 24 hours11\nafter the time the summons is served on the person.12\n(3) The circumstances are that delay in the person’s attendance at the13\nexamination could reasonably be expected to:14\n(a) seriously prejudice the ACIC’s ability to obtain intelligence15\nrelevant to serious and organised crime identified in any16\nauthorisation to which the examination relates; or17\n(b) result in the concealment, loss, mutilation or destruction of:18\n(i) information or a document or thing specified in the19\nsummons; or20\n(ii) information or a document held in, or accessible from, a21\nthing specified in the summons.22\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Examiner may vary summons23","content":"63 Examiner may vary summons23\n(1) If an examiner issues a summons to a person requiring the person24\nto attend an examination, an examiner may, at any time before the25\nexamination commences, vary the summons.26\n(2) Without limiting subsection (1), the variation may do any of the27\nfollowing:28\n(a) vary the summons to include, amend, or revoke, a direction29\nunder subsection 61(1) that the person is to appear before an30\nexaminer by way of video link, audio link or other means the31\nexaminer considers appropriate;32\n(b) vary the summons to include, amend, or revoke, a33\nnon-disclosure notation under section 101.34\n\n","sortOrder":63},{"sectionNumber":"70","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"70 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(3) The examiner must, as soon as possible after varying the summons,1\nnotify:2\n(a) the person required to attend the examination; and3\n(b) if the ACIC is aware that a particular legal practitioner is4\nrepresenting the person in relation to the examination and the5\nlegal practitioner is not the subject of a determination under6\nsubsection 71(2)—that legal practitioner.7\n(4) To avoid doubt, if an examiner varies a summons so that the8\nexamination relates to another authorisation in force under9\nDivision 2 of this Part, the requirements in paragraph 59(2)(a) and10\nsubparagraph 60(1)(d)(iii) must be met in relation to that11\nauthorisation.12\n(5) Subsections (1), (2) and (4) do not limit subsection 33(3) of the13\nActs Interpretation Act 1901.14\n64 Conduct of proceedings15\n(1) Subject to this Part, an examination may be conducted in such16\nmanner as an examiner conducting the examination thinks fit17\n(including through the use of video link, audio link or other18\nmeans).19\nNote: Some examples of decisions that an examiner may make about the20\nconduct of proceedings at an examination are decisions about whether21\na person is to appear or be present, give evidence, give information,22\nproduce a document or thing or take an oath or affirmation, by being23\nphysically present, or present by way of video link, audio link or other24\nmeans, before the examiner at the examination.25\n(2) The examination must be held in private.26\n(3) An examiner conducting the examination may commence, adjourn,27\nresume, or conclude the examination at the examiner’s discretion.28\n(4) To avoid doubt, a reference in this Act to an event occurring during29\nan examination includes where the event occurs while the30\nexamination is adjourned.31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 71\n","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Examiner may require information, documents and things1","content":"65 Examiner may require information, documents and things1\nExaminer may require witness to give information or produce2\ndocuments or things3\n(1) An examiner conducting an examination may require a witness at4\nthe examination to give information, or produce a document or5\nthing, if the examiner reasonably suspects that the information,6\ndocument or thing would assist the ACIC to obtain intelligence7\nrelevant to serious and organised crime identified in any8\nauthorisation to which the examination relates (including any9\nauthorisation subject to a determination made under subsection10\n66(1)).11\n(2) The requirement under subsection (1) may be:12\n(a) either of the following:13\n(i) a pre-charge requirement;14\n(ii) a post-charge requirement; and15\n(b) either of the following:16\n(i) a pre-confiscation application requirement;17\n(ii) a post-confiscation application requirement.18\n(3) Subsection (1) applies whether or not the information, document or19\nthing was specified in the summons for the witness to attend the20\nexamination.21\n(4) For the purposes of subsection (1), the examiner may direct that the22\ninformation is to be given, or the document or thing is to be23\nproduced:24\n(a) before a particular time, which must be before the time the25\nexamination is concluded; and26\n(b) to a particular person or a person in a particular class of27\npersons; and28\n(c) in a particular manner; and29\n(d) at a particular place.30\n\n","sortOrder":65},{"sectionNumber":"72","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"72 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nInformation etc. may be required in relation to subject matter of1\ncharges etc.2\n(5) For the purposes of subsection (1), the matters in relation to which3\nthe examiner may require the witness to give information, or4\nproduce a document or thing, include:5\n(a) the subject matter of any charge, or imminent charge, against6\nthe witness; or7\n(b) the subject matter of any confiscation proceedings, or8\nimminent confiscation proceedings, against the witness.9\n(6) Subsection (5) does not limit the matters in relation to which the10\nexaminer may require the witness to give information, or produce a11\ndocument or thing, under subsection (1).12\n66 Examiner may expand purposes of examination13\nExaminer may make determination14\n(1) If, during an examination:15\n(a) an examiner reasonably suspects that the witness has16\nevidence, information, documents or things that would assist17\nthe ACIC to obtain intelligence relevant to serious and18\norganised crime identified in an authorisation that is in force;19\nand20\n(b) that authorisation is not an authorisation to which the21\nexamination relates;22\nthe examiner may determine that the purposes of the examination23\nare expanded to include obtaining intelligence relevant to serious24\nand organised crime identified in the authorisation.25\n(2) The determination may be:26\n(a) either of the following:27\n(i) a pre-charge determination;28\n(ii) a post-charge determination; and29\n(b) either of the following:30\n(i) a pre-confiscation application determination;31\n(ii) a post-confiscation application determination.32\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 73\nAdditional consideration for post-charge or post-confiscation1\napplication determination2\n(3) If the determination is a post-charge determination or3\npost-confiscation application determination, the examiner must4\nalso be satisfied that making the determination is reasonably5\nnecessary for the purposes of obtaining the intelligence referred to6\nin paragraph (1)(a) even though:7\n(a) the person has been charged or the confiscation proceeding8\nhas commenced; or9\n(b) that charge or proceeding is imminent.10\nForm and notice requirements11\n(4) The determination:12\n(a) may be made orally or in writing; and13\n(b) must include the reasons for making the determination.14\n(5) If the examiner makes a determination under subsection (1), the15\nexaminer must give a copy of the authorisation to the witness16\nbefore the examination is continued.17\nNote: Information contained in the copy of an authorisation may be18\nredacted, see subsection (7).19\n(6) If the examiner makes a determination under subsection (1) orally,20\nthe examiner must, as soon as practicable after making the21\ndetermination, make a written record of the determination.22\nDirector-General may redact information23\n(7) Before a copy of the authorisation is given to the witness under24\nsubsection (5), the Director-General may redact information from25\nthe copy if the Director-General is satisfied that providing the26\ninformation to the witness would be likely to prejudice the ACIC’s27\nability to obtain intelligence relevant to serious and organised28\ncrime identified in the authorisation.29\nProvision for the avoidance of doubt30\n(8) To avoid doubt, more than one determination may be made under31\nsubsection (1) during an examination.32\n\n","sortOrder":66},{"sectionNumber":"74","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"74 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nLegislative instrument status1\n(9) If the examiner makes a determination under subsection (1) in2\nwriting, the determination is not a legislative instrument.3\n","sortOrder":67},{"sectionNumber":"67","sectionType":"section","heading":"Examiner may require assistance—things produced during4","content":"67 Examiner may require assistance—things produced during4\nexamination5\n(1) Subsection (2) applies if:6\n(a) a witness attending an examination is required, during the7\nexamination, to produce a thing in compliance with:8\n(i) the summons to which the examination relates; or9\n(ii) subsection 65(1); and10\n(b) the examiner conducting the examination reasonably suspects11\nthat assistance from the person will be required to enable an12\nACIC staff member to:13\n(i) access or continue to access information or data held in14\nor accessible from the thing while the thing is in the15\ncustody or possession of the ACIC; or16\n(ii) examine the thing.17\n(2) The examiner may direct the witness, when producing the thing, to18\nprovide an ACIC staff member any assistance that is reasonable19\nand necessary to enable the ACIC staff member to:20\n(a) access or continue to access information or data held in or21\naccessible from the thing while the thing is in the custody or22\npossession of the ACIC; or23\n(b) examine the thing.24\n(3) Without limiting subsection (2), the examiner may direct the25\nwitness to provide any reasonable and necessary assistance26\nrequired to enable the examiner or an ACIC staff member to access27\nor continue to access information or data held in, or accessible28\nfrom, an electronic device while the device is in the custody or29\npossession of the ACIC.30\nExamples: Assistance involving the application of a fingerprint or retina scan, as31\nnecessary to unlock a mobile phone, log into a computer, or access32\ndata on a data storage device.33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 75\n(4) The person must comply with the direction.1\n68 Examiner may require assistance—things produced before2\nexamination3\n(1) Subsection (2) applies at a particular time during an examination if:4\n(a) a witness attending the examination is required, before the5\nexamination commences, to produce a thing in compliance6\nwith a notice to produce that is given to the witness and7\ncovered by subsection (5); and8\n(b) at the particular time, the thing is still in the custody or9\npossession of the ACIC; and10\n(c) the examiner conducting the examination reasonably suspects11\nthat assistance from the person will be required to enable an12\nACIC staff member to:13\n(i) access or continue to access information or data held in14\nor accessible from the thing while the thing is in the15\ncustody or possession of the ACIC; or16\n(ii) examine the thing.17\n(2) The examiner may direct the witness, at the particular time, to18\nprovide an ACIC staff member any assistance that is reasonable19\nand necessary to enable the ACIC staff member to:20\n(a) access or continue to access information or data held in or21\naccessible from the thing while the thing is in the custody or22\npossession of the ACIC; or23\n(b) examine the thing.24\n(3) Without limiting subsection (1), the examiner may direct the25\nwitness to provide any reasonable and necessary assistance26\nrequired to enable the examiner or an ACIC staff member to access27\nor continue to access information or data held in, or accessible28\nfrom, an electronic device while the device is in the custody or29\npossession of the ACIC.30\nExamples: Assistance involving the application of a fingerprint or retina scan, as31\nnecessary to unlock a mobile phone, log into a computer, or access32\ndata on a data storage device.33\n(4) The person must comply with the direction.34\n\n","sortOrder":68},{"sectionNumber":"76","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"76 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(5) This subsection covers a notice to produce that is given to the1\nwitness if:2\n(a) the notice is given in relation to an authorisation in force3\nunder Division 2 of this Part; and4\n(b) the authorisation is also an authorisation to which the5\nexamination relates (including any authorisation subject to a6\ndetermination made under subsection 66(1)).7\n","sortOrder":69},{"sectionNumber":"69","sectionType":"section","heading":"Limit on the ACIC’s continued access to data etc.8","content":"69 Limit on the ACIC’s continued access to data etc.8\nTo avoid doubt, nothing in this Division authorises the ACIC to9\ncontinue to access information or data held in, or accessible from, a10\nthing as referred to in paragraph 67(2)(a) or 68(2)(a) other than11\nwhile the thing is in the custody or possession of the ACIC.12\n70 Attendance via video link, audio link or other means13\n(1) Subsection (2) applies if a witness appearing at an examination by14\nway of video link, audio link or other means is required to produce15\na document or other thing under subsection 59(4) or 65(1).16\nNote: Under subsection 59(4), an examiner may include in a summons a17\nrequirement for a person to produce documents or things at an18\nexamination.19\n(2) Without limiting the ways in which the witness may satisfy the20\nrequirement, the witness may satisfy the requirement by producing21\nthe document or thing to an ACIC staff member who is physically22\npresent with the witness.23\n","sortOrder":70},{"sectionNumber":"71","sectionType":"section","heading":"Legal representation24","content":"71 Legal representation24\nWitness may have legal representation25\n(1) Subject to subsection (2) and section 102 (which deals with26\nnon-disclosure notations):27\n(a) a witness giving evidence or information, or producing a28\ndocument or thing, at an examination may be represented by29\na legal practitioner; and30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 77\n(b) the legal practitioner may be present when the witness is1\ngiving evidence or information, or producing a document or2\nthing, at an examination.3\nExaminer may exclude legal practitioner4\n(2) An examiner may determine that a particular legal practitioner may5\nnot be present at an examination if the examiner reasonably6\nbelieves that the legal practitioner’s attendance may prejudice the7\nACIC’s ability to obtain intelligence relevant to serious and8\norganised crime.9\n(3) The examiner may make a determination under subsection (2) in10\nrelation to the legal practitioner at any time, including:11\n(a) at the time the examiner issues a summons under subsection12\n59(1); or13\n(b) at any time before or during an examination.14\n(4) The determination takes effect at the time it is made.15\nNotice of determination to be given16\n(5) If the examiner makes a determination under subsection (2) in17\nrelation to a legal practitioner, the examiner must, as soon as18\npracticable, notify the witness about the determination:19\n(a) if the determination is made before the examination—by20\nwritten notice; or21\n(b) otherwise—by notifying the witness during the examination.22\nOther legal representation not prevented23\n(6) To avoid doubt, this section does not prevent a legal practitioner24\nwho is not subject to a determination under subsection (2) from25\nrepresenting a witness and being present at the examination in26\naccordance with subsection (1).27\n\n","sortOrder":71},{"sectionNumber":"78","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"78 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n72 Presence of others at examination1\nPresence of others at examination2\n(1) The following persons may be present at an examination when a3\nwitness gives evidence or information, or produces a document or4\nthing, at the examination:5\n(a) the examiner conducting the examination;6\n(b) the witness;7\n(c) a legal practitioner referred to in subsection 71(1) who is not8\ncovered by a determination under subsection 71(2);9\n(d) a person covered by a determination under subsection (2);10\n(e) counsel assisting the examiner;11\n(f) an ACIC staff member who is approved by the examiner to12\nbe present at the examination;13\n(g) an IGIS official referred to in subsection 73(1) who is not14\ncovered by a determination under subsection 73(2).15\n(2) For the purposes of paragraph (1)(d), an examiner may determine16\nthat a person may be present at the examination when the witness17\ngives evidence or information, or produces a document or thing, at18\nthe examination.19\n(3) For the purposes of paragraph (1)(f), an examiner may approve an20\nACIC staff member to be present at the examination.21\nWitness to be informed if others are present22\n(4) If the examiner determines, under subsection (2), that a person may23\nbe present when the witness gives evidence or information, or24\nproduces a document or thing, at the examination, the examiner25\nmust:26\n(a) inform the witness that the person may be present; and27\n(b) give the witness an opportunity to comment on the person’s28\npresence.29\nOther person not prevented from being present30\n(5) A person covered by a determination under subsection (2) may be31\npresent at the examination even if:32\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 79\n(a) the examiner fails to inform the witness that the person may1\nbe present; or2\n(b) the witness comments adversely on the person’s presence.3\n","sortOrder":72},{"sectionNumber":"73","sectionType":"section","heading":"Presence of IGIS officials at examinations4","content":"73 Presence of IGIS officials at examinations4\nIGIS official may be present5\n(1) Subject to subsection (2), an IGIS official may be present at an6\nexamination for the purpose of conducting an inspection or inquiry7\nunder the Inspector-General of Intelligence and Security Act 1986.8\nExaminer may exclude IGIS official in certain circumstances9\n(2) Without limiting subsection 64(1) or 72(2), an examiner may10\ndetermine that an IGIS official is prevented from being present11\nduring an examination if the examiner is satisfied that the official’s12\nattendance would be reasonably likely to prejudice:13\n(a) the life or safety of a person; or14\n(b) the ACIC’s ability to obtain intelligence relevant to serious15\nand organised crime identified in any authorisation to which16\nthe examination relates (including any authorisation subject17\nto a determination made under subsection 66(1)).18\n(3) A determination under subsection (2) must be communicated to the19\nIGIS official:20\n(a) by written notice given to the official before the examination;21\nor22\n(b) by notifying the official during the examination.23\n(4) If the IGIS official is notified orally, the official must be given a24\nwritten copy of the determination as soon as practicable after the25\nexamination.26\nConsequences of exclusion of IGIS official27\n(5) If a determination is made under subsection (2) in relation to an28\nIGIS official:29\n(a) the examiner must permit another IGIS official to be present30\nat the examination; or31\n\n","sortOrder":73},{"sectionNumber":"80","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"80 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(b) the IGIS official, or another IGIS official, must be provided1\nwith a record of the examination as soon as practicable after2\nthe end of the examination.3\n74 Record of examinations4\nAn examiner who conducts an examination must cause a record of5\nthe examination to be made.6\n","sortOrder":74},{"sectionNumber":"75","sectionType":"section","heading":"Offence—failure to attend examination7","content":"75 Offence—failure to attend examination7\n(1) A person commits an offence if:8\n(a) the person is served with a summons to attend an9\nexamination; and10\n(b) the person:11\n(i) fails to attend and appear as required by the summons;12\nor13\n(ii) fails to attend and appear from day to day as required by14\nthe summons; or15\n(iii) fails to appear by way of video link, audio link or other16\nmeans if so directed by the examiner conducting the17\nexamination under subsection 61(1) or 64(1); and18\n(c) the person has not been excused or released from further19\nattendance by an examiner.20\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.21\nNo continuing offence or contraventions22\n(2) Section 4K (continuing offences) of the Crimes Act 1914 does not23\napply in relation to an offence against subsection (1).24\n76 Offence—failure to give information, or produce documents or25\nthings26\nA person commits an offence if:27\n(a) the person is required, under subsection 59(4) or 65(1), to28\ngive information, or produce a document or thing, during an29\nexamination; and30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 81\n(b) the person fails to give the information, or produce the1\ndocument or thing, in accordance with that requirement.2\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.3\n","sortOrder":75},{"sectionNumber":"77","sectionType":"section","heading":"Offence—failure to provide assistance at an examination4","content":"77 Offence—failure to provide assistance at an examination4\nA person commits an offence if:5\n(a) the person is directed, under subsection 67(2) or 68(2), to6\nprovide assistance; and7\n(b) the person fails to provide assistance in accordance with that8\ndirection.9\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.10\n78 Offence—destroying documents or things11\n(1) A person commits an offence if:12\n(a) the person engages in conduct; and13\n(b) the conduct results in:14\n(i) a document or thing (a relevant item) being concealed,15\nlost, mutilated or destroyed; or16\n(ii) a document or thing (also a relevant item) being17\nrendered incapable of identification; or18\n(iii) a document (also a relevant item) being rendered19\nillegible or indecipherable; or20\n(iv) information, or a document, held in or accessible from a21\nthing (also a relevant item) being concealed, lost,22\nmutilated or destroyed; or23\n(v) information, or a document, held in or accessible from a24\nthing (also a relevant item) being rendered incapable of25\nidentification; or26\n(vi) information, or a document, held in or accessible from a27\nthing (also a relevant item) being rendered illegible or28\nindecipherable; and29\n(c) the relevant item is, or is likely to be, required to be produced30\nunder a notice to produce or during an examination.31\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.32\n\n","sortOrder":76},{"sectionNumber":"82","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"82 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nExtended geographical jurisdiction1\n(2) Section 15.4 of the Criminal Code (extended geographical2\njurisdiction—category D) applies to an offence against3\nsubsection (1).4\n(3) Subsection (2) does not, by implication, affect the interpretation of5\nany other provision of this Act.6\n","sortOrder":77},{"sectionNumber":"79","sectionType":"section","heading":"Offence—giving false or misleading evidence, information or7","content":"79 Offence—giving false or misleading evidence, information or7\ndocuments8\n(1) A person commits an offence if:9\n(a) the person gives evidence or information, or produces a10\ndocument, during an examination; and11\n(b) the person does so knowing that the evidence, information or12\ndocument:13\n(i) is false or misleading; or14\n(ii) omits any matter or thing without which the evidence,15\ninformation or document is misleading.16\nPenalty: Imprisonment for 5 years or 300 penalty units.17\n(2) Subsection (1) does not apply if the evidence, information or18\ndocument is not false or misleading in a material particular.19\nNote: A defendant bears an evidential burden in relation to the matter in this20\nsubsection: see subsection 13.3(3) of the Criminal Code.21\n80 Offences—obstructing or hindering examinations, threatening22\npersons present23\n(1) A person commits an offence if:24\n(a) the person engages in conduct; and25\n(b) the conduct obstructs or hinders an examiner or ACIC staff26\nmember in the performance or exercise of the examiner or27\nstaff member’s functions, powers or duties in connection28\nwith an examination.29\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 83\n(2) A person commits an offence if the person disrupts an1\nexamination.2\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.3\n(3) A person commits an offence if the person threatens any person4\npresent at an examination.5\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.6\n","sortOrder":78},{"sectionNumber":"81","sectionType":"section","heading":"Offence—Person present at examination without authority7","content":"81 Offence—Person present at examination without authority7\nA person commits an offence if:8\n(a) the person attends an examination while a witness is giving9\nevidence or information, or producing a document or thing,10\nat the examination; and11\n(b) the person is not a person who may, under subsection 72(1),12\nbe present at the examination when the witness gives the13\nevidence or information, or produces the document or thing.14\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.15\nSubdivision B—Evidence and procedure16\n82 Evidence on oath or by affirmation17\nExaminer may require witness to take oath or affirmation18\n(1) At an examination:19\n(a) an examiner conducting the examination may require a20\nwitness to either take an oath or make an affirmation; and21\n(b) the examiner, or a person authorised under subsection (3),22\nmay administer an oath or affirmation to the witness.23\n(2) The oath or affirmation is an oath or affirmation that the evidence24\nthe person will give will be true.25\n(3) For the purposes of paragraph (1)(b), the Director-General may, in26\nwriting, authorise a person, or a class of persons, to administer an27\noath or affirmation.28\n\n","sortOrder":79},{"sectionNumber":"84","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"84 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nOath or affirmation administered via video link, audio link or other1\nmeans2\n(4) Subsection (5) applies to an oath to be sworn, or an affirmation to3\nbe made, by a person who is appearing at an examination by video4\nlink, audio link or other means to give evidence.5\n(5) For the purposes of subsection (1), the oath or affirmation (as the6\ncase may be) may be administered by means of video link, audio7\nlink or other means in a way that, as nearly as practicable,8\ncorresponds to the way in which the oath or affirmation would be9\nadministered if the person were appearing to give evidence at the10\nsame place as the examiner.11\n","sortOrder":80},{"sectionNumber":"83","sectionType":"section","heading":"Examination of witnesses12","content":"83 Examination of witnesses12\nPower to examine13\n(1) At an examination, the following persons may, so far as the14\nexaminer thinks appropriate, examine any witness on any matter15\nthat the examiner considers relevant to serious and organised crime16\nidentified in any authorisation to which the examination relates17\n(including any authorisation subject to a determination made under18\nsubsection 66(1)):19\n(a) the examiner conducting the examination;20\n(b) counsel assisting the examiner;21\n(c) any legal practitioner representing the witness at the22\nexamination in accordance with subsection 71(1).23\n(2) The examination may be:24\n(a) either of the following:25\n(i) a pre-charge examination;26\n(ii) a post-charge examination; and27\n(b) either of the following:28\n(i) a pre-confiscation application examination;29\n(ii) a post-confiscation application examination.30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 85\nMatters relevant to examination1\n(3) For the purposes of subsection (1), the matters that the examiner2\nconsiders relevant may include any of the following:3\n(a) the subject matter of any charge, or imminent charge, against4\nthe witness;5\n(b) the subject matter of any confiscation proceedings, or6\nimminent confiscation proceedings, against the witness.7\n(4) Subsection (3) does not limit the matters that the examiner may8\nconsider relevant for the purposes of subsection (1).9\n84 Offence—Failure to take an oath, make an affirmation or answer10\na question11\nA person commits an offence if:12\n(a) the person is served with a summons to attend an13\nexamination; and14\n(b) an examiner conducting the examination requires the person15\nto:16\n(i) take an oath or make an affirmation at the examination17\n(see section 82); or18\n(ii) answer a question at the examination; and19\n(c) the person fails to comply with the requirement.20\nNote: For privileges and protections, see Division 6 of this Part.21\nPenalty: Imprisonment for 5 years or 300 penalty units.22\nSubdivision C—Contempt of the ACIC23\n","sortOrder":81},{"sectionNumber":"85","sectionType":"section","heading":"Contempt of the ACIC24","content":"85 Contempt of the ACIC24\n(1) A person is in contempt of the ACIC if the person:25\n(a) when appearing as a witness at an examination before an26\nexaminer:27\n(i) refuses or fails to take an oath or make an affirmation at28\nthe examination; or29\n(ii) refuses or fails to answer a question at the examination30\nthat the examiner requires the person to answer; or31\n\n","sortOrder":82},{"sectionNumber":"86","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"86 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(iii) refuses or fails to give information, or produce a1\ndocument or thing, during an examination as required2\nunder subsection 59(4) or 65(1); or3\n(iv) refuses or fails to provide assistance in accordance with4\na direction under subsection 67(2) or 68(2); or5\n(v) gives evidence or information, or produces a document,6\nduring the examination that the person knows is false or7\nmisleading in a material particular; or8\n(vi) obstructs or hinders the examiner or an ACIC staff9\nmember in the performance or exercise of the examiner10\nor staff member’s functions, powers or duties in11\nconnection with an examination; or12\n(vii) disrupts the examination; or13\n(viii) threatens a person present at the examination; or14\n(b) is a legal practitioner who is required to answer a question,15\ngive information, or produce a document or thing during an16\nexamination, and both of the following apply:17\n(i) the answer or information would disclose, or the18\ndocument or thing contains, a privileged communication19\nmade by or to the legal practitioner in their capacity as a20\nlegal practitioner;21\n(ii) the legal practitioner refuses to comply with the22\nrequirement and does not, when required by the23\nexaminer under subsection 125(3), give the examiner24\nthe name and address of the person to or by whom the25\nprivileged communication was made.26\nExaminer may give warning to person who may be in contempt27\n(2) If the examiner conducting an examination considers that a person28\nmay be in contempt of the ACIC and the examiner intends to refer29\nthe matter to the Director-General under subsection (3), the30\nexaminer must inform the person that:31\n(a) the Director-General may make an application under32\nsubsection 86(1) for the person to be dealt with for contempt33\nof the ACIC; and34\n(b) if the Director-General does so, a court may deal with the35\nperson under section 87.36\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 87\nExaminer may refer person in contempt to Director-General1\n(3) If the examiner informs the person as referred to in subsection (2),2\nthe examiner may refer the matter to the Director-General for the3\npurpose of considering whether to, under subsection 86(1), apply4\nto a court for the person to be dealt with for contempt of the ACIC.5\n86 Application for court to deal with contempt6\n(1) If subsection (2) applies to a person, the Director-General may7\napply to either of the following for the person to be dealt with for8\ncontempt of the ACIC:9\n(a) the Federal Court;10\n(b) the Supreme Court of the State or Territory in which the11\ncontempt occurs.12\n(2) This subsection applies to a person if:13\n(a) an examiner conducting an examination has informed the14\nperson, in accordance with subsection 85(2), that:15\n(i) the Director-General may make an application under16\nthis section for the person to be dealt with for contempt17\nof the ACIC; and18\n(ii) if the Director-General does so, a court may deal with19\nthe person under section 87; and20\n(b) the examiner has referred the matter to the Director-General21\nin accordance with subsection 85(3).22\n(3) The application must be accompanied by a certificate that states:23\n(a) the grounds for making the application; and24\n(b) evidence in support of the application.25\n(4) A copy of the certificate must be given to the person before, or at26\nthe same time as, the application is made.27\n","sortOrder":83},{"sectionNumber":"87","sectionType":"section","heading":"Conduct of contempt proceedings28","content":"87 Conduct of contempt proceedings28\n(1) If the Director-General applies to a court to deal with a person for29\ncontempt of the ACIC, proceedings are to be instituted, carried on,30\nheard and determined in accordance with the laws (including any31\n\n","sortOrder":84},{"sectionNumber":"88","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"88 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nrules of court) that apply in relation to the punishment of a1\ncontempt of the court.2\n(2) In those proceedings, the certificate that sets out the grounds for3\nmaking the application and evidence in support of the application4\nis prima facie evidence of the matters specified in the certificate.5\n(3) The court must:6\n(a) consider the matters specified in the certificate; and7\n(b) hear or receive any evidence or statements by or in support of8\nthe application; and9\n(c) hear or receive any evidence or statements by or in support of10\nthe person.11\n(4) If the court finds that the person was in contempt of the ACIC, the12\ncourt may deal with the person as if the acts or omissions involved13\nconstituted a contempt of the court.14\n(5) For the purposes of determining whether a person is in contempt of15\nthe ACIC, Chapter 2 of the Criminal Code applies as if:16\n(a) being in contempt of the ACIC were an offence; and17\n(b) references to the person being criminally responsible for an18\noffence were references to a person being responsible for19\nbeing in contempt of the ACIC.20\n88 Director-General may withdraw contempt application21\nThe Director-General may, at any time, withdraw an application22\nmade under subsection 86(1) for a court to deal with a person for23\ncontempt of the ACIC.24\n","sortOrder":85},{"sectionNumber":"89","sectionType":"section","heading":"Double jeopardy25","content":"89 Double jeopardy25\n(1) A person is not liable to be prosecuted for an offence in respect of26\nconduct engaged in by that person if:27\n(a) an application is made to the Federal Court or a Supreme28\nCourt under subsection 86(1) in respect of the conduct; and29\n(b) the person is dealt with by the court under section 87 in30\nrespect of the conduct.31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 89\n(2) If a person is prosecuted for an offence in respect of the conduct1\nreferred to in section 85 without an application being made to the2\nFederal Court or a Supreme Court under subsection 86(1) in3\nrespect of that conduct, an application must not be made under4\nsubsection 86(1) in respect of the conduct.5\nNote: For double jeopardy generally, see section 4C of the Crimes Act 1914.6\nSubdivision D—Travel documents and apprehension of7\nwitnesses8\n","sortOrder":86},{"sectionNumber":"90","sectionType":"section","heading":"Applying for orders to deliver travel documents9","content":"90 Applying for orders to deliver travel documents9\n(1) The Director-General may apply to a Judge of the Federal Court10\nfor an order that a person deliver a travel document to the11\nDirector-General if:12\n(a) either or both of the following apply:13\n(i) a summons has been issued requiring the person to14\nattend an examination (whether or not the summons has15\nbeen served);16\n(ii) the person has appeared at an examination to give17\nevidence or information, or to produce documents or18\nthings; and19\n(b) the Director-General has reasonable grounds to believe that20\nthe person may be able:21\n(i) to give evidence or information, or further evidence or22\ninformation, that is relevant to serious and organised23\ncrime that is identified in any authorisation to which the24\nexamination relates (including any authorisation subject25\nto a determination made under subsection 66(1)); or26\n(ii) to produce documents or things, or further documents or27\nthings, that are relevant to serious and organised crime28\nthat is identified in any authorisation to which the29\nexamination relates (including any authorisation subject30\nto a determination made under subsection 66(1)); and31\n(c) there are reasonable grounds to suspect that the person has a32\ntravel document and intends to leave Australia.33\n\n90 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(2) To avoid doubt, subsection (1) applies regardless of whether, under1\nsubsection 86(1), the Director-General has applied, or proposes to2\napply, to a court for the person to be dealt with for contempt of the3\nACIC.4\n(3) Each of the following is a travel document:5\n(a) an Australian travel document that has been issued to the6\nperson;7\n(b) a passport or other travel document that has been issued to8\nthe person by or on behalf of the government of a foreign9\ncountry.10\n(4) The Director-General must give the Judge information on oath, or11\nby affirmation, in support of the grounds for the application.12\n(5) In this section, Australia includes the external Territories.13\n","sortOrder":87},{"sectionNumber":"91","sectionType":"section","heading":"Orders to deliver travel documents14","content":"91 Orders to deliver travel documents14\nJudge may order witness to appear before Federal Court15\n(1) If a Judge of the Federal Court is satisfied, on the evidence, that the16\nrequirements of paragraphs 90(1)(a), (b) and (c) are met, the Judge17\nmay make an order:18\n(a) requiring the person to appear before the Federal Court on a19\nday, and at a time and place, specified in the order; and20\n(b) requesting the person to show cause why the person should21\nnot be ordered to deliver the travel document referred to in22\nparagraph 90(1)(c) to the Director-General.23\nNote: The power conferred on a Judge under this subsection is conferred on24\nthe Judge in the Judge’s personal capacity: see subsection 100(1).25\nFederal Court may order witness to deliver travel document to26\nDirector-General27\n(2) If a person appears before the Federal Court as required by an28\norder made under subsection (1), the Court may, if it thinks fit,29\nmake an order:30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 91\n(a) requiring the person to deliver to the Director-General a1\ntravel document that is in the person’s possession, custody or2\ncontrol; and3\n(b) authorising the Director-General to retain the travel4\ndocument until the end of the period (not more than 1 month)5\nthat is specified in the order.6\nExtension of period that Director-General may retain travel7\ndocument8\n(3) The Federal Court may, upon application by the Director-General,9\nextend the period for which the Director-General is authorised to10\nretain a travel document by up to 1 month.11\n(4) The period for which the Director-General is authorised to retain a12\ntravel document may be extended under subsection (3) more than13\nonce.14\n(5) Despite subsection (4), if the Federal Court extends, or further15\nextends, the period for which the Director-General is authorised to16\nretain a travel document, the total period must not be more than 317\nmonths.18\nRevocation of court order19\n(6) If the Federal Court makes an order authorising the20\nDirector-General to retain a travel document issued to a person, the21\nCourt may revoke the order:22\n(a) on application by the person; or23\n(b) on the Court’s own initiative.24\n(7) If the Federal Court revokes the order, the Director-General must25\nreturn the travel document to the person immediately.26\nJurisdiction of the Federal Court27\n(8) The Federal Court has jurisdiction with respect to matters arising28\nunder this section.29\n\n","sortOrder":88},{"sectionNumber":"92","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"92 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n92 Application by telephone or other electronic means1\nGeneral requirements for application2\n(1) The Director-General may, by telephone or other electronic means,3\napply under subsection 90(1) to a Judge of the Federal Court for an4\norder that a person deliver a travel document to the5\nDirector-General if:6\n(a) there are urgent circumstances; or7\n(b) the delay that would occur if an application were made in8\nperson would frustrate the effective execution of the order.9\n(2) The Judge:10\n(a) may require communication by voice to the extent that it is11\npracticable in the circumstances; and12\n(b) may make a recording of the whole or any part of any such13\ncommunication by voice.14\n(3) An application made in accordance with subsection (1) must15\ninclude all information required to be provided in a written16\napplication under subsection 90(1), but the application may, if17\nnecessary, be made before the information is sworn or affirmed.18\nJudge may make order on electronic application19\n(4) Subsection (5) applies if an application is made to a Judge under20\nthis section and the Judge, after considering the information and21\nhaving received and considered such further information (if any) as22\nthe Judge requires, is satisfied that:23\n(a) an order in the terms of the application should be issued24\nurgently; or25\n(b) the delay that would occur if an application were made in26\nperson would frustrate the effective execution of the order.27\n(5) The Judge may make an order of the same kind that can be made28\nunder subsection 91(2).29\nNote: A function or power conferred on a Judge under this section is30\nconferred on the Judge in the Judge’s personal capacity: see31\nsubsection 100(1).32\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 93\n(6) If the Judge makes an order under subsection (5), the order must be1\nmade in the same manner and form as an order of the same kind2\nthat can be made under subsection 91(2).3\nDirector-General must confirm application in writing4\n(7) The Director-General must, before the end of the day after the day5\nthe order is signed, cause the Judge to be given:6\n(a) an application in writing completed by the applicant; and7\n(b) if the information referred to in subsection (3) was not sworn8\nor affirmed—that information duly sworn or affirmed.9\n(8) An order is not invalid merely because the applicant does not10\ncomply with subsection (7).11\n","sortOrder":89},{"sectionNumber":"93","sectionType":"section","heading":"Offence—leaving Australia in contravention of order12","content":"93 Offence—leaving Australia in contravention of order12\n(1) A person commits an offence if:13\n(a) an order under subsection 91(1) has been made in respect of a14\nperson; and15\n(b) a copy of that order has been served on the person; and16\n(c) the person leaves Australia.17\nPenalty: Imprisonment for 5 years or 300 penalty units.18\nStrict liability19\n(2) Strict liability applies to paragraph (1)(a).20\nNote: For strict liability, see section 6.1 of the Criminal Code.21\nException—compliance with order to appear where person not22\nrequired to deliver travel documents23\n(3) Subsection (1) does not apply to a person if:24\n(a) the person has appeared before the Federal Court as required25\nby the order referred to in paragraph (1)(a); and26\n(b) the Court has not made an order in respect of the person27\nunder subsection 91(2) requiring the person to deliver travel28\ndocuments to the Director-General.29\n\n","sortOrder":90},{"sectionNumber":"94","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"94 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nException—compliance with orders to appear and deliver travel1\ndocuments2\n(4) Subsection (1) does not apply to a person if:3\n(a) the person has appeared before the Federal Court as required4\nby the order referred to in paragraph (1)(a); and5\n(b) the Court has made an order in respect of the person under6\nsubsection 91(2) requiring the person to deliver travel7\ndocuments to the Director-General; and8\n(c) both of the following apply:9\n(i) the person has complied with the terms of that order;10\n(ii) any travel document delivered by the person to the11\nDirector-General in accordance with that order has been12\nreturned to the person.13\n(5) In this section, Australia includes the external Territories.14\n94 Application for warrant to apprehend and detain witness15\n(1) If the Director-General has reasonable grounds to believe that a16\nperson has committed an offence under section 75 (failure to attend17\nexamination), the Director-General may apply to a superior court18\njudge for a warrant to apprehend and detain the person for the19\npurposes of bringing the person before:20\n(a) an examiner for the purposes of an examination; or21\n(b) a superior court judge for the purposes of making an order22\nunder subsection 96(4).23\n(2) The Director-General must give the judge information on oath, or24\nby affirmation, in support of the grounds for the application.25\n(3) A superior court judge is:26\n(a) a Judge of the Federal Court; or27\n(b) a Judge of the Supreme Court of a State or Territory.28\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 95\n","sortOrder":91},{"sectionNumber":"95","sectionType":"section","heading":"Warrant to apprehend and detain person1","content":"95 Warrant to apprehend and detain person1\nSuperior court judge may issue warrant to apprehend and detain2\nperson3\n(1) A superior court judge may issue to the Director-General a warrant4\nauthorising a person to be apprehended and detained in the5\ncircumstances set out in subsection (2) for the purposes of bringing6\nthe person before:7\n(a) an examiner for the purposes of an examination; or8\n(b) a superior court judge for the purposes of making an order9\nunder subsection 96(4).10\nNote: The power conferred on a judge under this subsection is conferred on11\nthe judge in the judge’s personal capacity: see subsection 100(4).12\n(2) The circumstances are:13\n(a) the Director-General has applied to the judge under14\nsubsection 94(1) for the warrant in relation to the person; and15\n(b) the judge is satisfied, on the evidence, that there are16\nreasonable grounds for believing that the person has17\ncommitted an offence under section 75 (failure to attend18\nexamination); and19\n(c) the judge is satisfied it is appropriate to issue the warrant in20\nall the circumstances.21\n(3) The warrant may be executed by a constable.22\n(4) A person executing the warrant is authorised to break into and23\nenter any premises for the purposes of executing the warrant.24\n(5) A person executing the warrant may only use such reasonable force25\nas is necessary for the execution.26\nInspector-General of Intelligence and Security to be notified27\n(6) The Director-General must give to the Inspector-General of28\nIntelligence and Security, before the end of the period of 3 business29\ndays beginning on the day after the day the warrant is issued:30\n(a) a copy of the warrant; and31\n(b) a copy of the application for the warrant; and32\n\n","sortOrder":92},{"sectionNumber":"96","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"96 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(c) if the information given under subsection 94(2) is given in1\nwriting—a copy of the document recording that information.2\n(7) A warrant is not invalid merely because the Director-General does3\nnot comply with subsection (6).4\n96 Person apprehended and detained must be brought before5\nexaminer or judge6\nPerson apprehended and detained to be brought before examiner7\nor superior court judge8\n(1) A person apprehended and detained under a warrant issued under9\nsubsection 95(1) must be immediately brought before:10\n(a) an examiner for the purposes of an examination; or11\n(b) a superior court judge for the purposes of making an order12\nunder subsection (4).13\n(2) If the person is brought before an examiner, the warrant ceases to14\nbe in force at the time the person is brought before the examiner.15\nNote: If the person is brought before a superior court judge, the judge must16\norder that the person be released with or without conditions.17\n(3) Despite subsection (1), if it is not possible to bring the person18\nimmediately before an examiner or a superior court judge, the19\nperson may be detained only:20\n(a) to the extent it is necessary in order to bring the person21\nbefore an examiner or superior court judge for a purpose set22\nout in subsection (1); and23\n(b) until the earliest time it is possible to bring the person before24\nan examiner or superior court judge for a purpose set out in25\nsubsection (1).26\nJudge must order release with or without conditions27\n(4) If the person is brought before a superior court judge, the judge28\nmust:29\n(a) order that the person be released on:30\n(i) the condition that the person appear before an examiner;31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 97\n(ii) such other conditions (if any) imposed by the judge1\nunder subsection (6); or2\n(b) order that the person be released without conditions.3\nNote: A function or power conferred on a judge under this section is4\nconferred on the judge in the judge’s personal capacity: see subsection5\n100(4).6\n(5) For the purposes of making an order under paragraph (4)(a) that7\nthe person be released on one or more conditions, the judge must8\nconsider whether the person would be likely to appear before an9\nexaminer if the person were to be released without the conditions.10\nRelease may be subject to additional conditions11\n(6) For the purposes of subparagraph (4)(a)(ii), the judge may also12\nimpose any other condition on release, including the following:13\n(a) that the person surrenders the following documents:14\n(i) any Australian travel document that has been issued to15\nthe person;16\n(ii) any passport or other travel document that has been17\nissued to the person by or on behalf of the government18\nof a foreign country;19\n(b) that the person give an undertaking as to the person’s living20\narrangements;21\n(c) that the person report as required to a law enforcement22\nagency.23\n(7) If an order is made under paragraph (4)(a), the judge may, at any24\ntime:25\n(a) vary or revoke a condition imposed under subsection (6); or26\n(b) impose a new condition under subsection (6).27\n","sortOrder":93},{"sectionNumber":"97","sectionType":"section","heading":"Offence—failure to comply with conditions of release28","content":"97 Offence—failure to comply with conditions of release28\nA person commits an offence if:29\n(a) the person is subject to one or more conditions imposed30\nunder paragraph 96(4)(a); and31\n(b) the person fails to comply with the conditions.32\n\n","sortOrder":94},{"sectionNumber":"98","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"98 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.1\nSubdivision E—Miscellaneous2\n98 Allowances for travelling and other expenses3\n(1) A witness who is summoned to attend an examination is entitled to4\nbe paid by the Commonwealth any allowances for expenses5\nincurred as a result of complying with the summons that are6\nprescribed by the rules.7\n(2) For the purposes of subsection (1), the rules may prescribe:8\n(a) the kinds of expenses for which allowances are payable; and9\n(b) the amount of each such allowance.10\n(3) If no amount is prescribed for the purposes of subsection (1) in11\nrelation to a particular kind of expense incurred by a person12\ncomplying with a summons, the person is entitled to be paid by the13\nCommonwealth the allowance for the expense, if any, that is14\ndetermined by the Director-General.15\n","sortOrder":95},{"sectionNumber":"99","sectionType":"section","heading":"Protection of examiners and other persons16","content":"99 Protection of examiners and other persons16\n(1) Subsection (2) applies to an examiner to the extent the examiner:17\n(a) exercises the power to conduct an examination; and18\n(b) in relation to the examination:19\n(i) performs the examiner’s functions; and20\n(ii) exercises the examiner’s powers.21\n(2) The examiner has the same protection and immunity as a Justice of22\nthe High Court.23\n(3) Subsection (4) applies to a legal practitioner:24\n(a) assisting the ACIC or an examiner at an examination; or25\n(b) representing a person at an examination.26\n(4) The legal practitioner has the same protection and immunity as a27\nbarrister has in appearing for a party in proceedings in the High28\nCourt.29\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 99\n(5) To avoid doubt, this section does not limit the powers of the1\nInspector-General of Intelligence and Security under the2\nInspector-General and Security Act 1986, or any other law of the3\nCommonwealth that confers powers on the Inspector-General.4\nNote: Section 127 provides for the protection of a person summoned to5\nattend an examination, or who appears before an examiner as a6\nwitness.7\n","sortOrder":96},{"sectionNumber":"100","sectionType":"section","heading":"Certain functions and powers conferred on judges in personal8","content":"100 Certain functions and powers conferred on judges in personal8\ncapacity9\nJudge of the Federal Court10\n(1) A function or power conferred on a Judge of the Federal Court11\nunder any of the following provisions is conferred on the Judge in12\na personal capacity and not as the Federal Court or a member of13\nthe Federal Court:14\n(a) subsection 91(1);15\n(b) section 92.16\n(2) A Judge of the Federal Court performing a function, or exercising a17\npower, under a provision mentioned in subsection (1) has the same18\nprotection and immunity as if the Judge were performing that19\nfunction, or exercising that power, as, or as a member of, the20\nFederal Court.21\n(3) A Judge of the Federal Court need not accept the function or power22\nconferred.23\nSuperior court judge24\n(4) A function or power conferred on a superior court judge under any25\nof the following provisions is conferred on the superior court judge26\nin a personal capacity and not as a court or a member of a court:27\n(a) subsection 95(1);28\n(b) section 96.29\n(5) A superior court judge performing a function, or exercising a30\npower, under a provision mentioned in subsection (3) has the same31\nprotection and immunity as if the superior court judge were32\n\n100 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nperforming that function, or exercising that power, as, or as a1\nmember of, a court (being the court of which the judge is a2\nmember).3\n(6) A superior court judge need not accept the function or power4\nconferred.5\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 101\n","sortOrder":97},{"sectionNumber":"Div 5","sectionType":"division","heading":"Use and disclosure of certain information and1","content":"Division 5—Use and disclosure of certain information and1\nmaterial2\nSubdivision A—Non-disclosure notations3\n","sortOrder":98},{"sectionNumber":"101","sectionType":"section","heading":"Non-disclosure notations4","content":"101 Non-disclosure notations4\n(1) A non-disclosure notation is a requirement that:5\n(a) is specified in a notice to produce or a summons; and6\n(b) subject to subsections (2) and (4), prohibits the disclosure of7\ninformation about:8\n(i) the notice or summons; and9\n(ii) any official matter connected with the notice or10\nsummons.11\n(2) A non-disclosure notation may permit the disclosure of information12\nin specified circumstances.13\n(3) An official matter is any of the following (whether past, present or14\nfuture):15\n(a) an authorisation;16\n(b) an examination;17\n(c) the exercise of any power under this Part;18\n(d) a court proceeding.19\n(4) A non-disclosure notation does not prohibit the disclosure of20\ninformation about a notice to produce or summons, or any official21\nmatter connected with a notice to produce or summons, to a court22\nexercising federal jurisdiction in a proceeding in which a writ of23\nmandamus or prohibition or an injunction is sought against an24\nofficer or officers of the Commonwealth.25\n\n","sortOrder":99},{"sectionNumber":"102","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"102 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n102 Use of non-disclosure notations1\nWhen a non-disclosure notation must be included2\n(1) An examiner must, in the circumstances set out in subsection (2),3\ninclude a non-disclosure notation in a notice to produce or a4\nsummons.5\n(2) The circumstances are that the examiner is satisfied that not6\nincluding the non-disclosure notation could reasonably be expected7\nto prejudice:8\n(a) a person’s safety; or9\n(b) a person’s fair trial, if the person has been charged with an10\noffence or such a charge is imminent; or11\n(c) the ACIC’s ability to obtain intelligence relevant to serious12\nand organised crime.13\nWhen a non-disclosure notation may be included14\n(3) An examiner may, in the circumstances set out in subsection (4),15\ninclude a non-disclosure notation in a notice to produce or a16\nsummons.17\n(4) The circumstances are that the examiner is satisfied that not18\nincluding the non-disclosure notation:19\n(a) might prejudice:20\n(i) a person’s safety; or21\n(ii) a person’s fair trial, if the person has been charged with22\nan offence or such a charge is imminent; or23\n(iii) the ACIC’s ability to obtain intelligence relevant to24\nserious and organised crime; or25\n(b) might be contrary to the public interest.26\nNon-disclosure notation must not otherwise be included27\n(5) An examiner must not include a non-disclosure notation in any28\nother case.29\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 103\nDisclosure of information to legal practitioner may be prohibited1\n(6) Without limiting subsections (1) and (3), a non-disclosure notation2\nspecified in a summons may prohibit the disclosure of information3\nto a particular legal practitioner.4\nStatement of rights and obligations5\n(7) A non-disclosure notation included in a notice to produce or6\nsummons must be accompanied by a written statement setting out7\nthe rights and obligations conferred or imposed by section 1068\n(failure to comply with non-disclosure notations).9\nFailure to include non-disclosure notation does not affect validity10\n(8) A failure to comply with subsection (1) or (7) does not affect the11\nvalidity of the notice to produce or summons.12\n","sortOrder":100},{"sectionNumber":"103","sectionType":"section","heading":"Use of non-disclosure notations for person with disability or13","content":"103 Use of non-disclosure notations for person with disability or13\nvulnerability14\n(1) An examiner must take the steps set out in subsection (2) if:15\n(a) a non-disclosure notation is to be included in a notice to16\nproduce or a summons; and17\n(b) the examiner is aware that the non-disclosure notation will18\napply to a person who has a disability or vulnerability that19\ncould affect the person’s ability to comply with the notice or20\nsummons.21\n(2) The examiner must consider including in the non-disclosure22\nnotation permission for the disclosure of information to enable the23\nperson to obtain assistance with:24\n(a) complying with the notice or summons; or25\n(b) otherwise engaging with the ACIC for the purposes of this26\nPart.27\n(3) For the purposes of subsection (2), in considering whether to28\ninclude the permission, the examiner may have regard to:29\n(a) whether the ACIC has made arrangements to assist the30\nperson to comply with the notice or summons; and31\n\n","sortOrder":101},{"sectionNumber":"104","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"104 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(b) the period to be specified in the notice or summons for the1\nperson to comply.2\n(4) Subsection (3) does not limit the matters the examiner may have3\nregard to when deciding whether to include in the non-disclosure4\nnotation the permission mentioned in subsection (2).5\n104 Cancelling non-disclosure notations6\nDirector-General or examiner may cancel non-disclosure notation7\n(1) The Director-General or an examiner may cancel a non-disclosure8\nnotation included in a notice to produce or summons if the reasons9\nfor the non-disclosure notation no longer exist.10\nNote: The use or disclosure of particular material may still be subject to a11\ndirection made under subsection 110(1). Contravention of such a12\ndirection may be an offence under section 114, 115 or 116.13\n(2) If a non-disclosure notation is cancelled, the Director-General or14\nthe examiner (as applicable) must take reasonable steps to give15\nwritten notice to the person on whom the notice to produce or16\nsummons was served.17\nDuty to consider cancelling non-disclosure notation18\n(3) The Director-General must (unless cancelled earlier) consider19\nwhether to cancel a non-disclosure notation included in a notice to20\nproduce or summons as soon as practicable within, but no later21\nthan the end of, the period of 3 months beginning on the day after22\nthe end of:23\n(a) the period of 5 years beginning on the day after the day the24\nnotice or summons is served; and25\n(b) each subsequent 2 year period.26\n","sortOrder":102},{"sectionNumber":"105","sectionType":"section","heading":"Obligation for credit reporting bodies27","content":"105 Obligation for credit reporting bodies27\nA credit reporting body (within the meaning of the Privacy Act28\n1988) must not make a note under subsection 20E(5) of that Act29\nabout the disclosure of credit reporting information until any30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 105\nnon-disclosure notation prohibiting the disclosure of that1\ninformation is cancelled.2\n","sortOrder":103},{"sectionNumber":"106","sectionType":"section","heading":"Offences—failure to comply with non-disclosure notation3","content":"106 Offences—failure to comply with non-disclosure notation3\nFailure to comply with non-disclosure notation—general offence4\n(1) A person commits an offence if:5\n(a) the person is served with a notice to produce, or summons,6\nthat includes a non-disclosure notation; and7\n(b) the non-disclosure notation has not been cancelled; and8\n(c) the person discloses the existence of, or any information9\nabout, a thing; and10\n(d) the thing is:11\n(i) the notice or summons; or12\n(ii) any official matter connected with the notice or13\nsummons.14\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.15\nFailure to comply non-disclosure notation—aggravated offence16\n(2) A person commits an offence if:17\n(a) the person is served with a notice to produce, or summons,18\nthat includes a non-disclosure notation; and19\n(b) the non-disclosure notation has not been cancelled; and20\n(c) the person discloses the existence of, or any information21\nabout, a thing; and22\n(d) the thing is:23\n(i) the notice or summons; or24\n(ii) any official matter connected with the notice or25\nsummons; and26\n(e) either or both of the following subparagraphs apply:27\n(i) the person intends to endanger the health or safety of28\nany person or prejudice the ACIC’s ability to obtain29\nintelligence relevant to serious and organised crime;30\n(ii) the person knows that the disclosure will endanger the31\nhealth or safety of any person or prejudice the ACIC’s32\n\n106 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nability to obtain intelligence relevant to serious and1\norganised crime.2\nPenalty: Imprisonment for 10 years or 600 penalty units, or both.3\nStrict liability4\n(3) Strict liability applies to paragraphs (1)(b) and (2)(b).5\nNote: For strict liability, see section 6.1 of the Criminal Code.6\nExceptions7\n(4) Subsections (1) and (2) do not apply if the disclosure is made:8\n(a) in the circumstances, if any, permitted by the notation; or9\n(b) to a legal practitioner if the notation does not prohibit the10\ndisclosure of information to the legal practitioner and the11\ndisclosure is for the purpose of either:12\n(i) obtaining legal advice or representation in relation to the13\nnotice or summons, or any official matter connected14\nwith the notice or summons; or15\n(ii) seeking assistance under section 269 in relation to the16\nnotice or summons or any official matter connected with17\nthe notice or summons; or18\n(c) to a legal aid officer for the purpose of seeking assistance:19\n(i) in relation to the notice or summons or any official20\nmatter connected with the notice or summons; or21\n(ii) under section 269 in relation to the notice or summons22\nor any official matter connected with the notice or23\nsummons; or24\n(d) by a body corporate to an officer or agent of the body25\ncorporate for the purpose of ensuring compliance with the26\nnotice or summons; or27\n(e) by a legal practitioner for the purpose of obtaining the28\nagreement of a client as referred to in subsection 125(2) to29\nthe legal practitioner answering a question, giving30\ninformation, or producing a document; or31\n(f) to an IGIS official for the purpose of the IGIS official32\nexercising a power, or performing a function or duty, as an33\nIGIS official; or34\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 107\n(g) as a NACC disclosure within the meaning of the National1\nAnti-Corruption Commission Act 2022.2\nNote: A defendant bears an evidential burden in relation to the matters in3\nthis subsection: see subsection 13.3(3) of the Criminal Code.4\nExtended geographical jurisdiction5\n(5) Section 15.4 of the Criminal Code (extended geographical6\njurisdiction—category D) applies to an offence against7\nsubsection (1) or (2).8\n(6) Subsection (5) does not, by implication, affect the interpretation of9\nany other provision of this Act.10\nAlternative verdict11\n(7) In a prosecution for an offence against subsection (2), the trier of12\nfact may find the defendant not guilty of that offence but guilty of13\nan offence against subsection (1) if:14\n(a) the trier of fact:15\n(i) is not satisfied that the defendant is guilty of the offence16\nagainst subsection (2); but17\n(ii) is satisfied beyond reasonable doubt that the defendant18\nis guilty of the offence against subsection (1); and19\n(b) the defendant has been accorded procedural fairness in20\nrelation to that finding of guilt.21\nInterpretation22\n(8) A reference in this section to disclosing the existence of a thing23\nincludes a reference to disclosing information from which a person24\ncould reasonably be expected to infer the existence of the thing.25\n","sortOrder":104},{"sectionNumber":"107","sectionType":"section","heading":"Offences—disclosure of information covered by non-disclosure26","content":"107 Offences—disclosure of information covered by non-disclosure26\nnotation27\nDisclosure of information—general offence28\n(1) A person commits an offence if:29\n(a) a disclosure (the first disclosure) is made to the person about:30\n\n","sortOrder":105},{"sectionNumber":"108","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"108 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(i) a notice to produce, or summons, that includes a1\nnon-disclosure notation; or2\n(ii) any official matter connected with such a notice or3\nsummons; and4\n(b) the non-disclosure notation has not been cancelled; and5\n(c) the first disclosure is permitted under subsection 106(4), or6\nsubsection (5) of this section; and7\n(d) the person discloses (the second disclosure) the existence of,8\nor any information about, a thing; and9\n(e) the thing is:10\n(i) the notice or summons; or11\n(ii) any official matter connected with the notice or12\nsummons.13\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.14\nDisclosure of information—aggravated offence15\n(2) A person commits an offence if:16\n(a) a disclosure (the first disclosure) is made to the person about:17\n(i) a notice to produce, or summons, that includes a18\nnon-disclosure notation; or19\n(ii) any official matter connected with such a notice or20\nsummons; and21\n(b) the non-disclosure notation has not been cancelled; and22\n(c) the first disclosure is permitted under subsection 106(4), or23\nsubsection (5) of this section; and24\n(d) the person discloses (the second disclosure) the existence of,25\nor any information about, a thing; and26\n(e) the thing is:27\n(i) the notice or summons; or28\n(ii) any official matter connected with the notice or29\nsummons; and30\n(f) either or both of the following subparagraphs apply:31\n(i) the person intends to endanger the health or safety of32\nany person or prejudice the ACIC’s ability to obtain33\nintelligence relevant to serious and organised crime;34\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 109\n(ii) the person knows that the second disclosure will1\nendanger the health or safety of any person or prejudice2\nthe ACIC’s ability to obtain intelligence relevant to3\nserious and organised crime.4\nPenalty: Imprisonment for 10 years or 600 penalty units, or both.5\nStrict liability6\n(3) Strict liability applies to paragraphs (1)(b) and (2)(b).7\nExceptions9\n(4) Subsections (1) and (2) do not apply to an entrusted person.10\nNote 1: For offences about the use and disclosure of information by entrusted11\npersons, see Division 3 of Part 8.12\nNote 2: A defendant bears an evidential burden in relation to the matters in13\nthis subsection: see subsection 13.3(3) of the Criminal Code.14\n(5) Subsections (1) and (2) do not apply if the person discloses the15\ninformation:16\n(a) if the person is a legal practitioner (other than a legal17\npractitioner to whom disclosure is prohibited by the18\nnotation):19\n(i) for the purpose of giving legal advice or making20\nrepresentations in relation to the notice or summons, or21\nany official matter connected with the notice or22\nsummons; or23\n(ii) for the purpose of obtaining assistance under section24\n269 in relation to the notice or summons or any official25\nmatter connected with the notice or summons; or26\n(b) if the person is an officer or agent of a body corporate27\nreferred to in paragraph 106(4)(d):28\n(i) to another officer or agent of the body corporate for the29\npurpose of ensuring compliance with the notice or30\nsummons; or31\n(ii) to a legal practitioner (other than a legal practitioner to32\nwhom disclosure is prohibited by the notation) for the33\n\n","sortOrder":106},{"sectionNumber":"110","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"110 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\npurpose of obtaining legal advice or representation in1\nrelation to the notice or summons; or2\n(iii) to a legal aid officer for a purpose mentioned in3\nparagraph (c); or4\n(c) if the person is a legal aid officer:5\n(i) for the purpose of giving legal advice or making6\nrepresentations in relation to the notice or summons, or7\nany official matter connected with the notice or8\nsummons; or9\n(ii) for the purpose of obtaining assistance under section10\n269 in relation to the notice or summons or any official11\nmatter connected with the notice or summons; or12\n(d) to an IGIS official for the purpose of the IGIS official13\nexercising a power, or performing a function or duty, as an14\nIGIS official; or15\n(e) as a NACC disclosure within the meaning of the National16\nAnti-Corruption Commission Act 2022.17\nNote: A defendant, except for an IGIS official, bears an evidential burden in18\nrelation to this subsection: see subsection 13.3(3) of the Criminal19\nCode. For IGIS officials, see section 34C of the Inspector-General of20\nIntelligence and Security Act 1986.21\nExtended geographical jurisdiction22\n(6) Section 15.4 of the Criminal Code (extended geographical23\njurisdiction—category D) applies to an offence against24\nsubsection (1) or (2).25\n(7) Subsection (6) does not, by implication, affect the interpretation of26\nany other provision of this Act.27\nAlternative verdict28\n(8) In a prosecution for an offence against subsection (2), the trier of29\nfact may find the defendant not guilty of that offence but guilty of30\nan offence against subsection (1) if:31\n(a) the trier of fact:32\n(i) is not satisfied that the defendant is guilty of the offence33\nagainst subsection (2); but34\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 111\n(ii) is satisfied beyond reasonable doubt that the defendant1\nis guilty of the offence against subsection (1); and2\n(b) the defendant has been accorded procedural fairness in3\nrelation to that finding of guilt.4\nInterpretation5\n(9) A reference in this section to disclosing the existence of a thing6\nincludes a reference to disclosing information from which a person7\ncould reasonably be expected to infer the existence of the thing.8\nSubdivision B—Use and disclosure of compelled material9\n108 Meaning of compelled material10\n(1) Compelled material is any of the following:11\n(a) information given, or a document or thing produced, by a12\nperson as required by a notice to produce;13\n(b) information or evidence given by a person during an14\nexamination;15\n(c) a document or thing produced by a person during an16\nexamination;17\n(d) information, or a document or thing, given to a person during18\nan examination or a question asked of a person at an19\nexamination;20\n(e) the identity, or information that may reveal the identity, of a21\nperson who has given evidence at an examination;22\n(f) the identity, or information that may reveal the identity, of a23\nperson who has been served with a notice to produce or a24\nsummons;25\n(g) the fact that a person has given or may be about to give26\nevidence at an examination;27\n(h) the fact that a person has been served with or may be about to28\nbe served with a notice to produce.29\n(2) Compelled material includes copies, contents or descriptions of30\nthat material.31\n\n","sortOrder":107},{"sectionNumber":"112","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"112 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(3) To avoid doubt, information, a document or a thing is not1\ncompelled material to the extent that it is obtained otherwise than:2\n(a) as required by a notice to produce; or3\n(b) during an examination.4\n(4) The witness, in relation to compelled material covered by5\nparagraph (1)(a), (b), (c), (d), (e), (f), (g) or (h) is the person6\nmentioned in that paragraph.7\n(5) The witness, in relation to derivative material, means the person8\nwho is the witness in relation to the compelled material from which9\nthe derivative material was obtained.10\n","sortOrder":108},{"sectionNumber":"109","sectionType":"section","heading":"Meaning of derivative material11","content":"109 Meaning of derivative material11\nAny evidence, information, document or thing obtained directly or12\nindirectly from compelled material is derivative material.13\n110 Directions about use or disclosure of compelled material14\nDirections about use or disclosure of compelled material15\n(1) Subject to subsections (2) and (4), an examiner or the16\nDirector-General may direct that compelled material:17\n(a) must not be used or disclosed; or18\n(b) may only be used by, or disclosed to, specified persons in19\nspecified ways or on specified conditions.20\nNote: Compelled material can be disclosed to a court in certain21\ncircumstances: see section 113.22\nWhen examiner may make direction23\n(2) An examiner may make a direction under subsection (1) if:24\n(a) for compelled material covered by one or more of paragraphs25\n108(1)(b), (c), (d), (e) and (g) in relation to an examination—26\nthe examination has not yet concluded; or27\n(b) for compelled material covered by one or more of paragraphs28\n108(1)(f) and (h) in relation to a notice to produce—the29\nnotice to produce has not yet been complied with.30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 113\n(3) If subsection (2) applies, then without limiting subsection (1), an1\nexaminer must make a direction under subsection (1) if the2\nexaminer is satisfied that the failure to make such a direction:3\n(a) might prejudice a person’s safety; or4\n(b) would reasonably be expected to prejudice a witness’ fair5\ntrial, if the witness has been charged with a relevant offence6\nor such a charge is imminent.7\nWhen Director-General may make direction8\n(4) The Director-General may make a direction under subsection (1)9\nif:10\n(a) for compelled material covered by one or more of paragraphs11\n108(1)(b), (c), (d), (e) and (g) in relation to an examination—12\nthe examination has concluded; or13\n(b) for compelled material covered by one or more of paragraphs14\n108(1)(a), (f) and (h) in relation to a notice to produce—the15\nnotice to produce has been complied with.16\nConsiderations before making direction17\n(5) Before making a direction under subsection (1), the examiner or18\nthe Director-General (as the case requires) must consider any19\nrequest made by the witness for the compelled material to be20\ndisclosed to specified persons in specified ways or on specified21\nconditions.22\n(6) Subsection (7) applies if, before making a direction under23\nsubsection (1), the examiner or the Director-General (as the case24\nrequires) is aware that the direction will apply to a person who has25\na disability or vulnerability that could affect the person’s ability to26\ncomply with the direction.27\n(7) The examiner or the Director-General (as the case requires) must28\nconsider directing that compelled material may be disclosed to29\nenable the person to obtain assistance in:30\n(a) complying with the direction; or31\n(b) otherwise engaging with the ACIC for the purposes of this32\nPart.33\n\n","sortOrder":109},{"sectionNumber":"114","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"114 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nForm of direction1\n(8) A direction under subsection (1):2\n(a) if the direction is made by an examiner during an3\nexamination—may be made orally or in writing; or4\n(b) if paragraph (a) does not apply—must be made in writing.5\n(9) If a direction under subsection (1) is made in writing, the direction6\nis not a legislative instrument.7\n","sortOrder":110},{"sectionNumber":"111","sectionType":"section","heading":"Variation and revocation of directions by examiner8","content":"111 Variation and revocation of directions by examiner8\nVariation or revocation by examiner9\n(1) An examiner may vary or revoke a direction made under10\nsubsection 110(1) if:11\n(a) for a direction that applies to compelled material covered by12\none or more of paragraphs 108(1)(b), (c), (d), (e) and (g) in13\nrelation to an examination—the examination has not yet14\nconcluded; or15\n(b) for a direction that applies to compelled material covered by16\none or more of paragraphs 108(1)(f) and (h) in relation to a17\nnotice to produce—the notice to produce has not yet been18\ncomplied with.19\n(2) However, an examiner must not vary or revoke the direction if the20\nvariation or revocation:21\n(a) might prejudice a person’s safety; or22\n(b) would reasonably be expected to prejudice the witness’ fair23\ntrial, if the witness has been charged with a relevant offence24\nor such a charge is imminent.25\nRequirement to consider variation or revocation26\n(3) If the condition in paragraph (1)(a) or (b) is satisfied in relation to a27\ndirection and a request is made by the witness for the compelled28\nmaterial to be disclosed, an examiner must consider varying or29\nrevoking the direction in accordance with the request.30\n(4) Subsection (5) applies if:31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 115\n(a) subsection (1) applies to a direction; and1\n(b) at the time the direction is made, the examiner who made the2\ndirection is not aware that the direction applies to a person3\nwho has a disability or vulnerability that could affect the4\nperson’s ability to comply with the direction; and5\n(c) after the time the direction is made, an examiner becomes so6\naware.7\n(5) The examiner who becomes so aware as mentioned in8\nparagraph (4)(c) must consider varying or revoking the direction so9\nthat the compelled material may be disclosed to enable the person10\nto obtain assistance in:11\n(a) complying with the direction; or12\n(b) otherwise engaging with the ACIC for the purposes of this13\nPart.14\nForm of variation or revocation15\n(6) A variation or revocation under this section:16\n(a) if the direction is varied or revoked during an examination—17\nmay be made orally or in writing; or18\n(b) if paragraph (a) does not apply—must be made in writing.19\n(7) If a variation or revocation under this section is made in writing,20\nthe variation or revocation is not a legislative instrument.21\nLimitation22\n(8) To avoid doubt, section 113 applies to the direction as varied in the23\nsame way as it applies to the direction as made.24\nNote: Compelled material can be disclosed to a court in certain25\ncircumstances: see section 113.26\n112 Variation and revocation of directions by Director-General27\nVariation or revocation by Director-General28\n(1) The Director-General may vary or revoke a direction made under29\nsubsection 110(1) if:30\n\n","sortOrder":111},{"sectionNumber":"116","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"116 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(a) for a direction that applies to compelled material covered by1\none or more of paragraphs 108(1)(b), (c), (d), (e) and (g) in2\nrelation to an examination—the examination has concluded;3\nor4\n(b) for a direction that applies to compelled material covered by5\none or more of paragraphs 108(1)(a), (f) and (h) in relation to6\na notice to produce—the notice to produce has been7\ncomplied with.8\n(2) However, the Director-General must not vary or revoke the9\ndirection if the variation or revocation:10\n(a) might prejudice a person’s safety; or11\n(b) would reasonably be expected to prejudice the witness’ fair12\ntrial, if the witness has been charged with a relevant offence13\nor such a charge is imminent.14\nRequirements to consider variation or revocation15\n(3) If the condition in paragraph (1)(a) or (b) is satisfied in relation to a16\ndirection and a request is made by the witness for the compelled17\nmaterial to be disclosed, the Director-General must consider18\nvarying or revoking the direction in accordance with the request.19\nForm of variation or revocation20\n(4) A variation or revocation under this section must be made in21\nwriting.22\n(5) A variation or revocation under this section is not a legislative23\ninstrument.24\nLimitation25\n(6) To avoid doubt, section 113 applies to the direction as varied in the26\nsame way as it applies to the direction as made.27\nNote: Compelled material can be disclosed to a court in certain28\ncircumstances: see section 113.29\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 117\n","sortOrder":112},{"sectionNumber":"113","sectionType":"section","heading":"Limitation on directions about use or disclosure of compelled1","content":"113 Limitation on directions about use or disclosure of compelled1\nmaterial2\nA direction made under subsection 110(1) does not prohibit the3\ndisclosure of compelled material to a court exercising federal4\njurisdiction in a proceeding in which a writ of mandamus or5\nprohibition or an injunction is sought against an officer or officers6\nof the Commonwealth.7\n114 Offence—use of compelled material subject to a direction8\nOffence—general9\n(1) A person commits an offence if:10\n(a) the person uses compelled material; and11\n(b) a direction has been made under subsection 110(1) that12\ncovers the compelled material; and13\n(c) the direction has not been revoked; and14\n(d) the use contravenes the direction.15\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.16\nOffence—aggravated17\n(2) A person commits an offence if:18\n(a) the person uses compelled material; and19\n(b) a direction has been made under subsection 110(1) that20\ncovers the compelled material; and21\n(c) the direction has not been revoked; and22\n(d) the use contravenes the direction; and23\n(e) either or both of the following subparagraphs apply:24\n(i) the person intends to endanger the health or safety of25\nany person or prejudice the ACIC’s ability to obtain26\nintelligence relevant to serious and organised crime;27\n(ii) the person knows that the use will endanger the health28\nor safety of any person or prejudice the ACIC’s ability29\nto obtain intelligence relevant to serious and organised30\ncrime.31\n\n","sortOrder":113},{"sectionNumber":"118","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"118 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.1\nStrict liability2\n(3) Strict liability applies to paragraphs (1)(c) and (2)(c).3\nNote: For strict liability, see section 6.1 of the Criminal Code.4\nException—entrusted persons5\n(4) Subsection (1) does not apply to an entrusted person.6\nNote 1: For offences about the use and disclosure of information by entrusted7\npersons, see Division 3 of Part 8.8\nNote 2: A defendant bears an evidential burden in relation to the matters in9\nthis subsection: see subsection 13.3(3) of the Criminal Code.10\nException—IGIS officials11\n(5) Subsections (1) and (2) do not apply if the person uses compelled12\nmaterial for the purpose of an IGIS official exercising a power, or13\nperforming a function or duty, as an IGIS official.14\nNote: A defendant, except for an IGIS official, bears an evidential burden in15\nrelation to the matters in this subsection (see subsection 13.3(3) of the16\nCriminal Code). For IGIS officials, see section 34C of the17\nInspector-General of Intelligence and Security Act 1986.18\nExtended geographical jurisdiction19\n(6) Section 15.4 of the Criminal Code (extended geographical20\njurisdiction—category D) applies to an offence against21\nsubsection (1) or (2).22\n(7) Subsection (6) does not, by implication, affect the interpretation of23\nany other provision of this Act.24\nAlternative verdict25\n(8) In a prosecution for an offence against subsection (2), the trier of26\nfact may find the defendant not guilty of that offence but guilty of27\nan offence against subsection (1) if:28\n(a) the trier of fact:29\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 119\n(i) is not satisfied that the defendant is guilty of the offence1\nagainst subsection (2); but2\n(ii) is satisfied beyond reasonable doubt that the defendant3\nis guilty of the offence against subsection (1); and4\n(b) the defendant has been accorded procedural fairness in5\nrelation to that finding of guilt.6\n","sortOrder":114},{"sectionNumber":"115","sectionType":"section","heading":"Offence—disclosure of compelled material subject to a direction7","content":"115 Offence—disclosure of compelled material subject to a direction7\nOffence—general8\n(1) A person commits an offence if:9\n(a) the person discloses compelled material (whether or not the10\nperson is the first to do so); and11\n(b) a direction has been made under subsection 110(1) that12\ncovers the compelled material; and13\n(c) the direction has not been revoked; and14\n(d) the disclosure contravenes the direction; and15\n(e) the disclosure is not authorised by or under section 117 or16\nsubsection 121(1).17\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.18\nOffence—aggravated19\n(2) A person commits an offence if:20\n(a) the person discloses compelled material (whether or not the21\nperson is the first to do so); and22\n(b) a direction has been made under subsection 110(1) that23\ncovers the compelled material; and24\n(c) the direction has not been revoked; and25\n(d) the disclosure contravenes the direction; and26\n(e) the disclosure is not authorised by or under section 117 or27\nsubsection 121(1); and28\n(f) either or both of the following subparagraphs apply:29\n(i) the person intends to endanger the health or safety of30\nany person or prejudice the ACIC’s ability to obtain31\nintelligence relevant to serious and organised crime;32\n\n","sortOrder":115},{"sectionNumber":"120","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"120 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(ii) the person knows that the disclosure will endanger the1\nhealth or safety of any person or prejudice the ACIC’s2\nability to obtain intelligence relevant to serious and3\norganised crime.4\nPenalty: Imprisonment for 10 years or 600 penalty units, or both.5\nStrict liability6\n(3) Strict liability applies to paragraphs (1)(c), (1)(e), (2)(c) and (2)(e).7\nException—entrusted persons9\n(4) Subsections (1) and (2) do not apply to an entrusted person.10\nNote 1: For offences about the use and disclosure of information by entrusted11\npersons, see section 116.12\nNote 2: A defendant bears an evidential burden in relation to the matters in13\nthis subsection: see subsection 13.3(3) of the Criminal Code.14\nException—IGIS officials15\n(5) Subsections (1) and (2) do not apply if the person discloses16\ncompelled material for the purpose of an IGIS official exercising a17\npower, or performing a function or duty, as an IGIS official.18\nNote: A defendant, except for an IGIS official, bears an evidential burden in19\nrelation to the matters in this subsection (see subsection 13.3(3) of the20\nCriminal Code). For IGIS officials, see section 34C of the21\nInspector-General of Intelligence and Security Act 1986.22\nExtended geographical jurisdiction23\n(6) Section 15.4 of the Criminal Code (extended geographical24\njurisdiction—category D) applies to an offence against25\nsubsection (1) or (2).26\n(7) Subsection (6) does not, by implication, affect the interpretation of27\nany other provision of this Act.28\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 121\nAlternative verdict1\n(8) In a prosecution for an offence against subsection (2), the trier of2\nfact may find the defendant not guilty of that offence but guilty of3\nan offence against subsection (1) if:4\n(a) the trier of fact:5\n(i) is not satisfied that the defendant is guilty of the offence6\nagainst subsection (2); but7\n(ii) is satisfied beyond reasonable doubt that the defendant8\nis guilty of the offence against subsection (1); and9\n(b) the defendant has been accorded procedural fairness in10\nrelation to that finding of guilt.11\n116 Offence—disclosure of compelled material subject to a direction12\nby entrusted persons13\nOffence—disclosure of material14\n(1) A person commits an offence if:15\n(a) the person is, or has been, an entrusted person; and16\n(b) the person discloses compelled material (whether or not the17\nperson is the first to do so); and18\n(c) the compelled material came to the knowledge or into the19\npossession of the person by reason of the person being an20\nentrusted person; and21\n(d) a direction has been made under subsection 110(1) that22\ncovers the compelled material; and23\n(e) the direction has not been revoked; and24\n(f) the disclosure contravenes the direction; and25\n(g) the disclosure is not authorised by or under section 117 or26\nsubsection 121(1).27\nPenalty: Imprisonment for 10 years or 600 penalty units, or both.28\nStrict liability29\n(2) Strict liability applies to paragraphs (1)(a), (e) and (g).30\nNote: For strict liability, see section 6.1 of the Criminal Code.31\n\n","sortOrder":116},{"sectionNumber":"122","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"122 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nException—IGIS officials1\n(3) Subsection (1) does not apply if the person discloses compelled2\nmaterial for the purpose of an IGIS official exercising a power, or3\nperforming a function or duty, as an IGIS official.4\nNote: A defendant, except for an IGIS official, bears an evidential burden in5\nrelation to the matters in this subsection (see subsection 13.3(3) of the6\nCriminal Code). For IGIS officials, see section 34C of the7\nInspector-General of Intelligence and Security Act 1986.8\nExtended geographical jurisdiction9\n(4) Section 15.4 of the Criminal Code (extended geographical10\njurisdiction—category D) applies to an offence against11\nsubsection (1).12\n(5) Subsection (4) does not, by implication, affect the interpretation of13\nany other provision of this Act.14\n","sortOrder":117},{"sectionNumber":"117","sectionType":"section","heading":"Making compelled material available to courts15","content":"117 Making compelled material available to courts15\n(1) This section applies if:16\n(a) a person has been charged with an offence before a federal17\ncourt or a court of a State or Territory; and18\n(b) a direction made under subsection 110(1) is in force that19\napplies to compelled material; and20\n(c) the court considers it may be desirable, in the interests of21\njustice, that the compelled material be made available to the22\nperson or to a legal practitioner representing the person.23\n(2) The court may give the Director-General a certificate stating the24\nmatter in paragraph (1)(c).25\n(3) If the court does so, the Director-General must make the compelled26\nmaterial available to the court.27\n(4) Before considering the matter in paragraph (1)(c), the court must:28\n(a) notify the Director-General that the court is intending to29\nconsider that matter; and30\n(b) consult the Director-General on that matter.31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 123\n(5) If, after examining the compelled material, the court is satisfied1\nthat the interests of justice so require, the court may make the2\nmaterial available to any of the following:3\n(a) the person or a legal practitioner representing the person;4\n(b) if the person is not the witness in relation to the compelled5\nmaterial—the prosecutor of the person.6\n118 Obtaining derivative material7\n(1) An entity mentioned in subsection (3), that may lawfully use or8\ndisclose compelled material, may lawfully use or disclose the9\ncompelled material for the purpose of obtaining derivative material10\nif the use or disclosure is:11\n(a) a pre-charge use or disclosure of pre-charge compelled12\nmaterial; or13\n(b) a post-charge use or disclosure of pre-charge compelled14\nmaterial; or15\n(c) a post-charge use or disclosure of post-charge compelled16\nmaterial; or17\n(d) a pre-confiscation application use or disclosure of18\npre-confiscation application compelled material; or19\n(e) a post-confiscation application use or disclosure of20\npre-confiscation application compelled material; or21\n(f) a post-confiscation application use or disclosure of22\npost-confiscation application compelled material.23\n(2) Subsection (1):24\n(a) has effect subject to:25\n(i) any direction made under subsection 110(1) (directions26\nabout use or disclosure of compelled material) that is in27\nforce, including as affected by subsection 121(1); and28\n(ii) subsection 119(1) (disclosing compelled material to29\nprosecutors of witness); and30\n(b) does not, by implication, limit the use or disclosure of the31\ncompelled material for any other purpose.32\n(3) The entities are as follows:33\n(a) an examiner;34\n\n","sortOrder":118},{"sectionNumber":"124","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"124 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(b) the Director-General;1\n(c) an ACIC staff member;2\n(d) a person or body investigating whether the witness in relation3\nto the compelled material committed an offence against a law4\nof the Commonwealth or of a State or Territory;5\n(e) a prosecutor of the witness in relation to the compelled6\nmaterial;7\n(f) a prosecuting authority;8\n(g) a proceeds of crime authority;9\n(h) any other person or body lawfully in possession of the10\ncompelled material.11\n","sortOrder":119},{"sectionNumber":"119","sectionType":"section","heading":"Disclosing compelled material to prosecutors of the witness12","content":"119 Disclosing compelled material to prosecutors of the witness12\n(1) A person or body, that may lawfully disclose compelled material,13\nmay lawfully disclose the compelled material to a prosecutor of the14\nwitness if the disclosure is:15\n(a) a pre-charge disclosure of pre-charge compelled material; or16\n(b) a post-charge disclosure of pre-charge compelled material17\nunder an order under subsection 121(1); or18\n(c) a post-charge disclosure of post-charge compelled material19\nunder an order under subsection 121(1).20\n(2) Subsection (1) has effect subject to any direction made under21\nsubsection 110(1) that is in force, in the case of a pre-charge22\ndisclosure of pre-charge compelled material.23\nNote: In the case of a post-charge disclosure, the court will have regard to24\nany direction made under subsection 110(1) in deciding whether to25\nmake an order under subsection 121(1).26\n120 Disclosing derivative material to prosecutors of the witness27\nA person or body, that may lawfully disclose derivative material,28\nmay lawfully disclose the derivative material to a prosecutor of the29\nwitness if the disclosure is:30\n(a) a pre-charge disclosure of derivative material obtained from31\npre-charge compelled material; or32\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 125\n(b) a post-charge disclosure of derivative material obtained from1\npre-charge compelled material (whether from a pre-charge2\nuse of that compelled material or otherwise); or3\n(c) a post-charge disclosure of derivative material:4\n(i) obtained from post-charge compelled material; and5\n(ii) under an order made under subsection 121(1).6\n","sortOrder":120},{"sectionNumber":"121","sectionType":"section","heading":"Court’s powers to order disclosure and to ensure a fair trial7","content":"121 Court’s powers to order disclosure and to ensure a fair trial7\nCourt may order that material may be disclosed8\n(1) A court may, on application or on its own initiative, order that9\ncompelled material or derivative material may be disclosed to10\nprosecutors of the witness if the court is satisfied that the11\ndisclosure is required:12\n(a) in the interests of justice; and13\n(b) despite any direction made under subsection 110(1) that is in14\nforce.15\n(2) An order under subsection (1) may specify the prosecutors (by any16\nmeans), and the uses to which the prosecutors may put the17\nmaterial.18\n(3) Subsection (1) applies to the following courts:19\n(a) if the witness has been charged with a relevant offence before20\na federal court or a court of a State or Territory—that court;21\n(b) otherwise—a federal court (other than the Federal Circuit and22\nFamily Court of Australia (Division 1)) or a court of a State23\nor Territory.24\nCourt’s powers to ensure the witness’ fair trial25\n(4) This Subdivision does not, by implication, restrict a court’s power26\nto make any orders necessary to ensure that the witness’ fair trial is27\nnot prejudiced by the possession or use of compelled material or28\nderivative material by a prosecutor of the witness.29\n(5) However, a person’s trial for:30\n(a) an offence against a law of the Commonwealth or of a31\nTerritory; or32\n\n","sortOrder":121},{"sectionNumber":"126","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"126 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(b) a State offence that has a federal aspect;1\nis not unfair merely because the person has been a witness.2\n(6) Subsection (5) applies whether the person became a witness:3\n(a) before being charged with the offence and before such a4\ncharge was imminent; or5\n(b) after being charged with the offence or after such a charge6\nwas imminent.7\n122 Certain material may always be disclosed to prosecutors of the8\nwitness9\n(1) A person or body, that may lawfully disclose compelled material of10\na kind covered by paragraph 108(1)(d), (e), (f), (g) or (h) may11\nlawfully disclose the material to a prosecutor of the witness.12\n(2) A person or body, that may lawfully disclose compelled material or13\nderivative material, may lawfully disclose the material to a14\nprosecutor of the witness if the witness is suspected of, or has been15\ncharged with, one or more of the following offences:16\n(a) an offence against this Part, other than an offence against17\nsection 81, 93 or 97;18\n(b) an offence against any of the following that relates to a notice19\nto produce or an examination:20\n(i) section 137.1 or 137.2 of the Criminal Code (about false21\nor misleading information or documents);22\n(ii) section 144.1 or 145.1 of the Criminal Code (about23\nforgery);24\n(c) an offence against section 149.1 of the Criminal Code (about25\nobstruction of Commonwealth public officials) that relates to26\nthis Act.27\n(3) Subsections (1) and (2) have effect subject to any direction made28\nunder subsection 110(1) that is in force, including as affected by29\nsubsection 121(1).30\n(4) Subsections (1) and (2) apply to a disclosure that is:31\n(a) a pre-charge disclosure of:32\n(i) pre-charge compelled material; or33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 127\n(ii) derivative material obtained from pre-charge compelled1\nmaterial; or2\n(b) a post-charge disclosure of:3\n(i) pre-charge compelled material; or4\n(ii) derivative material obtained from pre-charge compelled5\nmaterial (whether from a pre-charge use of the6\ncompelled material or otherwise); or7\n(c) a post-charge disclosure of:8\n(i) post-charge compelled material; or9\n(ii) derivative material obtained from post-charge10\ncompelled material;11\nand whether or not an order has been made under12\nsubsection 121(1).13\n","sortOrder":122},{"sectionNumber":"123","sectionType":"section","heading":"Use of material by prosecutors14","content":"123 Use of material by prosecutors14\n(1) If a prosecutor of the witness lawfully possesses compelled15\nmaterial or derivative material, the prosecutor may use that16\nmaterial for purposes that include:17\n(a) making a decision whether to prosecute the witness; and18\n(b) prosecuting the witness.19\n(2) The use of the compelled material under subsection (1) is subject20\nto:21\n(a) section 126 (privilege against self-incrimination); and22\n(b) any direction made under subsection 110(1) (directions about23\nuse or disclosure of compelled material) that is in force.24\n(3) If material is lawfully in the possession of a prosecutor of the25\nwitness, the fact that the material is compelled material or26\nderivative material does not prevent it from being admissible in27\nevidence against the witness in a criminal proceeding.28\nNote: The material may be inadmissible for other reasons (for example,29\nbecause of subsection 126(3)).30\n(4) Subsection (1) and sections 118 to 122 do not, by implication,31\nrestrict the use of compelled material or derivative material by, or32\nthe disclosure of that material to:33\n\n","sortOrder":123},{"sectionNumber":"128","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"128 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(a) a prosecuting authority who is not a prosecutor of the1\nwitness; or2\n(b) an individual employed or engaged by a prosecuting3\nauthority mentioned in paragraph (a).4\n(5) This section has effect subject to any law of the Commonwealth, or5\nlaw of a State or a Territory.6\n124 Making material available to proceeds of crime authorities7\n(1) A person or body, that may lawfully disclose compelled material or8\nderivative material, may lawfully disclose the compelled material9\nor derivative material to a proceeds of crime authority if the10\ndisclosure is:11\n(a) a pre-confiscation application disclosure of pre-confiscation12\napplication compelled material; or13\n(b) a post-confiscation application disclosure of pre-confiscation14\napplication compelled material; or15\n(c) a post-confiscation application disclosure of derivative16\nmaterial obtained from pre-confiscation application17\ncompelled material (whether from a pre-confiscation18\napplication use of the compelled material or otherwise); or19\n(d) a pre-confiscation application disclosure of derivative20\nmaterial obtained from pre-confiscation application21\ncompelled material; or22\n(e) a post-confiscation application disclosure of23\npost-confiscation application compelled material; or24\n(f) a post-confiscation application disclosure of derivative25\nmaterial obtained from post-confiscation application26\ncompelled material.27\n(2) Subsection (1) has effect subject to:28\n(a) section 126 (privilege against self-incrimination); and29\n(b) any direction made under subsection 110(1) (directions about30\nuse or disclosure of compelled material) that is in force.31\n(3) If material is lawfully in the possession of a proceeds of crime32\nauthority, the fact that the material is compelled material or33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 129\nderivative material does not prevent it from being admissible in1\nevidence against the witness in a confiscation proceeding.2\nNote: The material may be inadmissible for other reasons (for example,3\nbecause of subsection 126(3)).4\n(4) Subsections (3) and 126(5) (self-incrimination) do not, by5\nimplication, restrict a court’s power to make any orders necessary6\nto prevent prejudice to the proper administration of justice.7\n\nDivision 6 Privileges and protections\n130 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 6—Privileges and protections1\n125 Legal professional privilege2\nLegal practitioner may refuse to provide privileged communication3\n(1) A legal practitioner may refuse to answer a question, give4\ninformation, or produce a document, as required under a notice to5\nproduce or during an examination, if either of the following6\napplies:7\n(a) answering the question or giving the information would8\ndisclose a privileged communication made to or by the legal9\npractitioner in their capacity as a legal practitioner;10\n(b) the document contains a privileged communication made to11\nor by the legal practitioner in their capacity as a legal12\npractitioner.13\n(2) Subsection (1) does not apply if the person (the client) to or by14\nwhom the privileged communication was made agrees to the legal15\npractitioner answering the question, giving the information, or16\nproducing the document.17\nLegal practitioner may be required to give other details18\n(3) If a legal practitioner refuses to answer a question, give19\ninformation, or produce a document in accordance with20\nsubsection (1), the legal practitioner must, if required by an21\nexaminer, give the examiner the name and address of the client.22\nDisclosure does not otherwise affect legal professional privilege23\n(4) If the client agrees as referred to in subsection (2):24\n(a) the fact that the legal practitioner gives an answer or25\ninformation, or produces a document, that discloses or26\ncontains the privileged communication does not otherwise27\naffect a claim of legal professional privilege that anyone may28\nmake in relation to that privileged communication; and29\n(b) the privileged communication does not cease to be the30\nsubject of legal professional privilege merely because it is31\n\nPrivileges and protections Division 6\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 131\nreferred to in an answer or information that is given, or1\ncontained in a document that is produced.2\nOffence—failure to give name and address of client3\n(5) A person commits an offence if:4\n(a) the person is a legal practitioner; and5\n(b) the person refuses to answer a question, give information, or6\nproduce a document, in accordance with subsection (1), on7\nthe basis that doing so would disclose a privileged8\ncommunication; and9\n(c) an examiner requires the person, under subsection (3), to give10\nthe name and address of the client to or by whom the11\nprivileged communication was made; and12\n(d) the person fails to comply with the requirement.13\nPenalty: Imprisonment for 5 years or 300 penalty units.14\n126 Limit on privilege against self-incrimination etc.15\nPrivilege against self-incrimination etc.16\n(1) An individual is not excused from giving an answer or information,17\nor producing a document or thing, as required by a notice to18\nproduce or during an examination, on the ground that doing so19\nwould tend to incriminate the individual.20\nNote: A body corporate is not entitled to claim the privilege against21\nself-incrimination.22\n(2) If, at general law, an individual would otherwise be able to claim23\nthe privilege against self-exposure to a penalty (other than a24\npenalty for an offence) in relation to giving an answer or25\ninformation, or producing a document or thing, as required by a26\nnotice to produce or during an examination, the individual is not27\nexcused from giving the answer or information, or producing the28\ndocument or thing, on that ground.29\nNote: A body corporate is not entitled to claim the privilege against30\nself-exposure to a penalty.31\n\n","sortOrder":124},{"sectionNumber":"Div 6","sectionType":"division","heading":"Privileges and protections","content":"Division 6 Privileges and protections\n","sortOrder":125},{"sectionNumber":"132","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"132 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nUse immunity1\n(3) However, despite subsections (1) and (2), each of the following is2\nnot admissible in evidence against the individual in proceedings3\nreferred to in subsection (4):4\n(a) the answer or information given, or the document or thing5\nproduced;6\n(b) the giving of the answer or information, or the production of7\nthe document or thing.8\n(4) The proceedings are:9\n(a) a criminal proceeding; or10\n(b) a confiscation proceeding, if the answer or information was11\ngiven, or the document or thing was produced, at a time12\nwhen the proceeding had commenced or was imminent.13\n(5) Subsection (3) does not:14\n(a) apply to the production of a document that is, or forms part15\nof, a record of an existing or past business; or16\n(b) affect whether the answer, information, document or thing is17\nadmissible in evidence against the individual in:18\n(i) a proceeding under this Act for contempt of the ACIC;19\n(ii) a proceeding for an offence against this Part, other than20\nan offence against section 81, 93 or 97;21\n(iii) a proceeding for an offence against section 137.1 or22\n137.2 of the Criminal Code (about false or misleading23\ninformation or documents) that relates to a notice to24\nproduce or an examination;25\n(iv) a proceeding for an offence against section 144.1 or26\n145.1 of the Criminal Code (about forgery) that relates27\nto a notice to produce or an examination;28\n(v) a proceeding for an offence against section 149.1 of the29\nCriminal Code (about obstruction of Commonwealth30\npublic officials) that relates to this Act.31\n\nPrivileges and protections Division 6\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 133\nAdmissibility or relevance of answer etc. not otherwise affected1\n(6) Paragraph (5)(b) does not, by implication, affect the admissibility2\nor relevance of the answer, information, document or thing for any3\nother purpose.4\n","sortOrder":126},{"sectionNumber":"127","sectionType":"section","heading":"Protection of witnesses etc.5","content":"127 Protection of witnesses etc.5\n(1) Subject to this Act, a person summoned to attend or appear before6\nan examiner as a witness has the same protection as a witness in7\nproceedings in the High Court.8\n(2) The Director-General may make such arrangements as are9\nnecessary to do the following:10\n(a) prevent prejudice to the safety of a person because the person11\nor another person:12\n(i) has responded, is responding, or is to respond, to a13\nnotice to produce; or14\n(ii) has been, is, or is to be, a witness at an examination;15\n(b) protect a person from intimidation or harassment because the16\nperson or another person:17\n(i) has responded, is responding, or is to respond, to a18\nnotice to produce; or19\n(ii) has been, is, or is to be, a witness at an examination.20\n(3) The arrangements may include arrangements with:21\n(a) the Minister; or22\n(b) the AFP Commissioner or a member or special member of23\nthe Australian Federal Police; or24\n(c) the head (however described) or a member of the police force25\nof a State or Territory.26\n(4) This section does not limit the Witness Protection Act 1994.27\n\n134 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nPart 4—Controlled intelligence operations1\n128 Simplified outline of this Part3\nA controlled intelligence operation is an operation that is carried4\nout for purposes relating to obtaining intelligence relevant to5\nserious and organised crime.6\nA participant in a controlled intelligence operation is authorised to7\nengage in certain kinds of unlawful conduct and is not subject to8\ncriminal or civil liability for this conduct.9\nThe Attorney-General may grant an authority to conduct a10\ncontrolled intelligence operation. The Director-General may grant11\nan authority in urgent circumstances.12\nThe unauthorised communication of information relating to a13\ncontrolled intelligence operation is an offence.14\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 135\nDivision 2—Grant and variation of CIO authorities1\n","sortOrder":127},{"sectionNumber":"129","sectionType":"section","heading":"Director-General may request CIO authorities2","content":"129 Director-General may request CIO authorities2\n(1) The Director-General may request the Attorney-General to grant an3\nauthority to conduct a controlled intelligence operation.4\nNote: For requirements relating to making a request to grant a CIO5\nauthority, see section 136.6\n(2) Before making a request under this section, the Director-General7\nmust be satisfied that, having regard to the nature of any unlawful8\nconduct that may be engaged in by a person that the controlled9\nintelligence operation may involve, it is appropriate and10\nproportionate for section 143 to apply in relation to the conduct.11\n(3) In assessing appropriateness and proportionality under12\nsubsection (2), the Director-General must consider:13\n(a) the seriousness of the conduct mentioned in that subsection;14\nand15\n(b) the impact on any person of the immunity that would be16\nconferred by section 143 in relation to the conduct.17\n","sortOrder":128},{"sectionNumber":"130","sectionType":"section","heading":"Attorney-General may grant CIO authorities18","content":"130 Attorney-General may grant CIO authorities18\nAttorney-General may grant CIO authority19\n(1) If the Director-General requests an authority to conduct a20\ncontrolled intelligence operation, the Attorney-General may21\nauthorise the controlled intelligence operation by granting the22\nauthority if the Attorney-General is satisfied that there are23\nreasonable grounds for believing that the matters in subsection (2)24\nexist.25\nNote 1: For requirements relating to granting a CIO authority, see section 137.26\nNote 2: A CIO authority granted under this section must cease before the end27\nof 12 months after the day the authority comes into force: see28\nparagraph 138(1)(e).29\n(2) The matters are as follows:30\n\nDivision 2 Grant and variation of CIO authorities\n","sortOrder":129},{"sectionNumber":"136","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"136 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(a) the controlled intelligence operation will assist the ACIC in1\nthe performance of the function set out in paragraph 24(a);2\n(b) the circumstances justify the conduct of a controlled3\nintelligence operation;4\n(c) any unlawful conduct involved in conducting the controlled5\nintelligence operation will be limited to the maximum extent6\nconsistent with conducting an effective controlled7\nintelligence operation;8\n(d) the controlled intelligence operation will not be conducted in9\nsuch a way that a person is likely to be induced to commit an10\noffence against a law of the Commonwealth, a State or a11\nTerritory that the person would not otherwise have intended12\nto commit;13\n(e) any unlawful conduct of participants in the controlled14\nintelligence operation will not:15\n(i) seriously endanger the health or safety of any person; or16\n(ii) cause the death of, or serious injury to, any person; or17\n(iii) involve the commission of a sexual offence against any18\nperson; or19\n(iv) result in significant loss of, or serious damage to,20\nproperty;21\n(f) any role assigned to a civilian participant in the controlled22\nintelligence operation is not one that could be adequately23\nperformed by an ACIC staff member.24\n(3) For the purposes of paragraph (2)(e):25\n(a) the Attorney-General is only required to be satisfied as to the26\ndirect and reasonably foreseeable consequences of the27\nunlawful conduct of participants in the controlled intelligence28\noperation; and29\n(b) nothing in subparagraph (iii) of that paragraph is intended to30\nprevent the Attorney-General from granting a CIO authority31\nthat will involve a participant:32\n(i) dealing with material depicting, material describing or33\nmaterial otherwise involving a sexual offence against34\nany person; or35\n(ii) facilitating a person to deal with such material.36\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 137\n(4) For the purposes of paragraph (3)(a), a consequence is a direct1\nconsequence of unlawful conduct if the unlawful conduct causes or2\nproduces (and is not merely a minor influence on) the consequence3\nwithout there being any intervening conduct or events.4\nNotification requirements5\n(5) The Attorney-General must:6\n(a) cause the Director-General to be informed of the granting of7\nthe CIO authority, or the refusal to grant the CIO authority,8\nas soon as practicable after the Attorney-General grants, or9\nrefuses to grant, the authority; and10\n(b) if the Attorney-General grants the CIO authority—cause the11\nDirector-General to be given a copy of:12\n(i) for a CIO authority granted in writing—the authority; or13\n(ii) for a CIO authority granted orally—the written record14\nmade in accordance with subsection 137(3);15\nas soon as practicable after the authority, or record, is made;16\nand17\n(c) if the Attorney-General refuses to grant the CIO authority:18\n(i) make a written record of the refusal as soon as19\npracticable after refusing to grant the CIO authority; and20\n(ii) cause the Director-General to be given a copy of the21\nwritten record as soon as practicable after the record is22\nmade.23\n","sortOrder":130},{"sectionNumber":"131","sectionType":"section","heading":"Attorney-General may vary CIO authorities24","content":"131 Attorney-General may vary CIO authorities24\nDirector-General may request variation25\n(1) The Director-General may request the Attorney-General to vary a26\nCIO authority granted under section 130 or 133.27\nNote: For requirements relating to making a request to vary a CIO authority,28\nsee section 136.29\nAttorney-General may vary CIO authority30\n(2) The Attorney-General may vary a CIO authority under this section31\nif:32\n\nDivision 2 Grant and variation of CIO authorities\n","sortOrder":131},{"sectionNumber":"138","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"138 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(a) the Director-General has, under subsection (1), requested the1\nvariation; or2\n(b) the Attorney-General decides to do so in accordance with3\nsubsection 135(1) or (2).4\nNote: For requirements relating to varying a CIO authority, see section 137.5\n(3) For the purposes of varying the CIO authority (the relevant6\nauthority) under this section, subsections 130(1) and (2) apply in7\nthe same way to the varying of the relevant authority as they do to8\nthe granting of a CIO authority under that section, regardless of9\nwhether the relevant authority was granted under section 130 or10\n133.11\n(4) If a variation under this section extends, or further extends, the12\nperiod for which a CIO authority is in force, the CIO authority as13\nvaried must cease to be in force before the end of the period of 1214\nmonths beginning on the day after the day the authority comes into15\nforce.16\nNote: The Attorney-General may vary a CIO authority granted under section17\n133 so that the authority ceases to be in force before the end of 1218\nmonths after the day the authority comes into force.19\nNotification requirements20\n(5) The Attorney-General must:21\n(a) cause the Director-General to be informed of the variation of22\nthe CIO authority, or the refusal to vary the CIO authority, as23\nsoon as practicable after the Attorney-General varies, or24\nrefuses to vary, the authority; and25\n(b) if the Attorney-General varies the CIO authority—cause the26\nDirector-General to be given a copy of:27\n(i) for a CIO authority varied in writing—the variation; or28\n(ii) for a CIO authority varied orally—the written record29\nmade in accordance with subsection 137(6);30\nas soon as practicable after the variation, or record, is made;31\n(c) if the Attorney-General refuses to vary the CIO authority:33\n(i) make a written record of the refusal as soon as34\npracticable after refusing to vary the CIO authority; and35\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 139\n(ii) cause the Director-General to be given a copy of the1\nwritten record as soon as practicable after the record is2\nmade.3\n\n140 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 3—Urgent grant and variation of CIO authorities1\n132 Senior position holder may urgently request CIO authorities2\n(1) A senior position holder may request the Director-General to grant3\nan authority to conduct a controlled intelligence operation if the4\nsenior position holder reasonably believes that any delay that may5\nbe caused by requesting the Attorney-General to grant the authority6\nwould be likely to affect the success of the controlled intelligence7\noperation (if the authority were to be granted).8\nNote: For requirements relating to making a request to grant a CIO9\nauthority, see section 136.10\n(2) Before making a request under this section, the senior position11\nholder must be satisfied that, having regard to the nature of any12\nunlawful conduct that may be engaged in by a person that the13\ncontrolled intelligence operation may involve, it is appropriate and14\nproportionate for section 143 to apply in relation to the conduct.15\n(3) In assessing appropriateness and proportionality under16\nsubsection (2), the senior position holder must consider:17\n(a) the seriousness of the conduct mentioned in that subsection;18\nand19\n(b) the impact on any person of the immunity that would be20\nconferred by section 143 in relation to the conduct.21\n","sortOrder":132},{"sectionNumber":"133","sectionType":"section","heading":"Director-General may urgently grant CIO authorities22","content":"133 Director-General may urgently grant CIO authorities22\nDirector-General may grant CIO authority23\n(1) If a senior position holder requests an authority to conduct a24\ncontrolled intelligence operation, the Director-General may25\nauthorise the controlled intelligence operation by granting the26\nauthority if:27\n(a) the Director-General is satisfied that there are reasonable28\ngrounds for believing that the matters in subsection (2) exist;29\nand30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 141\n(b) the Director-General is satisfied that any delay that may be1\ncaused by requesting the Attorney-General to grant the2\nauthority would be likely to affect the success of the3\ncontrolled intelligence operation (if the authority were to be4\ngranted).5\nNote 1: For requirements relating to granting a CIO authority, see section 137.6\nNote 2: The Attorney-General must decide to affirm, vary or cancel the CIO7\nauthority: see subsection 135(1).8\nNote 3: A CIO authority granted under this section must initially cease to be in9\nforce before the end of the period of 7 days beginning on the day after10\nthe day the authority comes into force: see paragraph 138(1)(e).11\nHowever, the Attorney-General may vary the CIO authority so that12\nthe authority ceases to be in force before the end of the period of 1213\nmonths beginning on the day after the day the authority comes into14\nforce: see subsection 131(4).15\n(2) The matters are as follows:16\n(a) the controlled intelligence operation will assist the ACIC in17\nthe performance of the function set out in paragraph 24(a);18\n(b) the circumstances justify the conduct of a controlled19\nintelligence operation;20\n(c) any unlawful conduct involved in conducting the controlled21\nintelligence operation will be limited to the maximum extent22\nconsistent with conducting an effective controlled23\nintelligence operation;24\n(d) the controlled intelligence operation will not be conducted in25\nsuch a way that a person is likely to be induced to commit an26\noffence against a law of the Commonwealth, a State or a27\nTerritory that the person would not otherwise have intended28\nto commit;29\n(e) any unlawful conduct of participants in the controlled30\nintelligence operation will not:31\n(i) seriously endanger the health or safety of any person; or32\n(ii) cause the death of, or serious injury to, any person; or33\n(iii) involve the commission of a sexual offence against any34\nperson; or35\n(iv) result in significant loss of, or serious damage to,36\nproperty;37\n\n","sortOrder":133},{"sectionNumber":"142","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"142 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(f) any role assigned to a civilian participant in the controlled1\nintelligence operation is not one that could be adequately2\nperformed by an ACIC staff member.3\n(3) For the purposes of paragraph (2)(e):4\n(a) the Director-General is only required to be satisfied as to the5\ndirect and reasonably foreseeable consequences of the6\nunlawful conduct of participants in the controlled intelligence7\noperation; and8\n(b) nothing in subparagraph (iii) of that paragraph is intended to9\nprevent the Director-General from granting a CIO authority10\nthat will involve a participant:11\n(i) dealing with material depicting, material describing or12\nmaterial otherwise involving a sexual offence against13\nany person; or14\n(ii) facilitating a person to deal with such material.15\n(4) For the purposes of paragraph (3)(a), a consequence is a direct16\nconsequence of unlawful conduct if the unlawful conduct causes or17\nproduces (and is not merely a minor influence on) the consequence18\nwithout there being any intervening conduct or events.19\nNotification requirements20\n(5) The Director-General must:21\n(a) cause the Attorney-General to be informed of the granting of22\nthe CIO authority, or the refusal to grant the CIO authority,23\nas soon as practicable after the Director-General grants, or24\nrefuses to grant, the authority; and25\n(b) if the Director-General grants the CIO authority—cause the26\nAttorney-General to be given a copy of:27\n(i) for a CIO authority granted in writing—the authority; or28\n(ii) for a CIO authority granted orally—the written record29\nmade in accordance with subsection 137(3);30\nas soon as practicable after the authority, or record, is made;31\n(c) if the Director-General refuses to grant the CIO authority:33\n(i) make a written record of the refusal as soon as34\npracticable after refusing to grant the CIO authority; and35\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 143\n(ii) cause the Attorney-General to be given a copy of the1\nwritten record as soon as practicable after the record is2\nmade.3\nNote: The Attorney-General must decide to affirm, vary or cancel the CIO4\nauthority: see subsection 135(1).5\n","sortOrder":134},{"sectionNumber":"134","sectionType":"section","heading":"Director-General may urgently vary CIO authorities6","content":"134 Director-General may urgently vary CIO authorities6\nSenior position holder may request variation7\n(1) A senior position holder may request the Director-General to vary8\na CIO authority granted under section 130 or 133 if the senior9\nposition holder reasonably believes that any delay that may be10\ncaused by requesting the Attorney-General to vary the authority11\nwould be likely to affect the success of the controlled intelligence12\noperation.13\nNote: For requirements relating to making a request to vary a CIO authority,14\nsee section 136.15\nDirector-General may vary CIO authority16\n(2) The Director-General may vary the CIO authority under this17\nsection if the Director-General is satisfied that any delay that may18\nbe caused by requesting the Attorney-General to vary the authority19\nwould be likely to affect the success of the controlled intelligence20\noperation.21\nNote 1: For requirements relating to varying a CIO authority, see section 137.22\nNote 2: The Attorney-General must decide to affirm, vary or cancel the CIO23\nauthority as varied: see subsection 135(2).24\n(3) For the purposes of varying the CIO authority (the relevant25\nauthority) under this section, paragraph 133(1)(a) and subsection26\n133(2) apply in the same way to the varying of the relevant27\nauthority as they do to the granting of a CIO authority under that28\nsection, regardless of whether the relevant authority was granted29\nunder section 130 or 133.30\n(4) Despite subsection (3), a CIO authority must not be varied under31\nthis section unless the Director-General is reasonably satisfied that32\n\n","sortOrder":135},{"sectionNumber":"144","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"144 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nthe variation will not authorise a significant alteration of the nature1\nof the controlled intelligence operation concerned.2\n(5) If a variation under this section extends, or further extends, the3\nperiod for which a CIO authority is in force, the CIO authority as4\nvaried must cease to be in force before the end of the period of:5\n(a) if the CIO authority is granted under section 130, or the CIO6\nauthority is granted under section 133 and has been varied7\npreviously under section 131—12 months beginning on the8\nday after the day the authority comes into force; or9\n(b) if paragraph (a) does not apply—7 days beginning on the day10\nafter the day the authority comes into force.11\nNotification requirements12\n(6) The Director-General must:13\n(a) cause the Attorney-General to be informed of the variation of14\nthe CIO authority, or the refusal to vary the CIO authority, as15\nsoon as practicable after the Director-General varies, or16\nrefuses to vary, the authority; and17\n(b) if the Director-General varies the CIO authority—cause the18\nAttorney-General to be given a copy of:19\n(i) for a CIO authority varied in writing—the variation; or20\n(ii) for a CIO authority varied orally—the written record21\nmade in accordance with subsection 137(6);22\nas soon as practicable after the variation, or record, is made;23\nand24\n(c) if the Director-General refuses to vary the CIO authority:25\n(i) make a written record of the refusal as soon as26\npracticable after refusing to vary the CIO authority; and27\n(ii) cause the Attorney-General to be given a copy of the28\nwritten record as soon as practicable after the record is29\nmade.30\nNote: The Attorney-General must decide to affirm, vary or cancel the CIO31\nauthority as varied: see subsection 135(2).32\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 145\n","sortOrder":136},{"sectionNumber":"135","sectionType":"section","heading":"Attorney-General must affirm, vary or cancel urgent CIO1","content":"135 Attorney-General must affirm, vary or cancel urgent CIO1\nauthorities etc.2\nCIO authorities granted by Director-General3\n(1) If the Director-General grants a CIO authority under section 133,4\nthe Attorney-General must:5\n(a) do one of the following:6\n(i) affirm the CIO authority;7\n(ii) vary, under section 131, the CIO authority;8\n(iii) cancel, under subsection 140(1), the CIO authority; and9\n(b) do so as soon as practicable after being informed of the10\ngranting of the CIO authority under section 133, but no later11\nthan the time the CIO authority ceases to be in force.12\nCIO authorities varied by Director-General13\n(2) If the Director-General varies a CIO authority (the CIO authority14\nas varied) under section 134, the Attorney-General must:15\n(a) do one of the following:16\n(i) affirm the CIO authority as varied;17\n(ii) vary, under section 131, the CIO authority as varied;18\n(iii) cancel, under subsection 140(1), the CIO authority as19\nvaried; and20\n(b) do so as soon as practicable after being informed of the CIO21\nauthority as varied under section 134, but no later than the22\ntime the CIO authority ceases to be in force.23\nNotification requirements24\n(3) The Attorney-General must:25\n(a) cause the Director-General to be informed of the decision26\nunder paragraph (1)(a) or (2)(a) (as the case requires) as soon27\nas practicable after making the decision; and28\n(b) make a written record of the decision; and29\n(c) cause the Director-General to be given a copy of the written30\nrecord as soon as practicable after the written record is made.31\n\n","sortOrder":137},{"sectionNumber":"146","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"146 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nFailure to comply does not affect validity1\n(4) A failure to comply with subsection (1) or (2) in relation to a CIO2\nauthority or a variation of a CIO authority does not affect the3\nvalidity of the CIO authority or variation.4\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 147\nDivision 4—General provisions relating to CIO authorities1\n136 Making requests to grant or vary CIO authorities2\n(1) A request to grant a CIO authority or vary a CIO authority:3\n(a) unless paragraph (b) applies—must be in writing and be4\nsigned by the person making the request; or5\n(b) if the person making the request considers it necessary to6\nmake the request orally because the delay caused by making7\na written request may affect the success of the controlled8\nintelligence operation concerned (if the authority were to be9\nso granted or varied)—may be made orally.10\nNote 1: A request to grant a CIO authority operation may be made by the11\nDirector-General (see section 129) or a senior position holder (see12\nsection 132).13\nNote 2: A request to vary a CIO authority may be made by the14\nDirector-General (see section 131) or a senior position holder (see15\nsection 134).16\n(2) If a request mentioned in subsection (1) is made orally, the person17\nmaking the request must:18\n(a) provide all information required to be provided in a written19\nrequest; and20\n(b) as soon as practicable, forward a written record of the request21\nto:22\n(i) if the request is made by the Director-General under23\nsection 129 or 131—the Attorney-General; or24\n(ii) if the request is made by a senior position holder under25\nsection 132 or 134—the Director-General.26\n(3) To avoid doubt, nothing in this Part prevents a request for a CIO27\nauthority being made in respect of a controlled intelligence28\noperation that has been the subject of a previous request.29\n\nDivision 4 General provisions relating to CIO authorities\n148 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n137 Granting or varying CIO authorities1\nAuthority may be subject to conditions2\n(1) A CIO authority may be granted unconditionally or subject to3\nconditions.4\nManner of granting5\n(2) A CIO authority:6\n(b) unless paragraph (b) applies—must be granted in writing and7\nbe signed by the person granting the authority; or8\n(b) if the person granting the authority considers it necessary to9\ngrant the authority orally because the delay caused by10\nmaking a written authority may affect the success of the11\ncontrolled intelligence operation concerned—may be granted12\norally.13\nNote: A CIO authority may be granted by the Attorney-General (see section14\n130), or the Director-General (see section 133).15\n(3) If a CIO authority is granted orally:16\n(a) a written record of the CIO authority must be made as soon17\nas practicable after the authority is granted; and18\n(b) subsection 138(1) applies to the written record in the same19\nway as that subsection applies to a CIO authority.20\nMore than one authority may be granted21\n(4) To avoid doubt, nothing in this Part prevents a CIO authority being22\ngranted in respect of a controlled intelligence operation that has23\nbeen the subject of a previous CIO authority.24\nManner of variation25\n(5) A variation of a CIO authority:26\n(a) unless paragraph (b) applies—must be in writing and be27\nsigned by the person making the variation; or28\n(b) if the person making the variation considers it necessary to29\nvary the authority orally because the delay caused by making30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 149\na written variation may affect the success of the controlled1\nintelligence operation concerned—may be made orally.2\nNote: A CIO authority may be varied by the Attorney-General (see section3\n131), or the Director-General (see section 134).4\n(6) If a CIO authority is varied orally, a written record of the variation5\nmust be made as soon as practicable after the authority is varied.6\nAuthority may be varied more than once7\n(7) A CIO authority may be varied more than once under section 1318\nor section 134.9\nDocuments etc. not legislative instruments10\n(8) The following are not legislative instruments:11\n(a) a written CIO authority;12\n(b) a written variation of a CIO authority;13\n(c) a written record of a CIO authority;14\n(d) a written record of a variation of a CIO authority.15\n138 Content and duration of CIO authorities16\n(1) An authority to conduct a controlled intelligence operation must:17\n(a) state how the controlled intelligence operation will assist the18\nACIC in the performance of the function set out in paragraph19\n24(a); and20\n(b) identify the persons authorised to engage in controlled21\nconduct for the purposes of the controlled intelligence22\noperation; and23\n(c) describe the nature of the controlled conduct that the persons24\nreferred to in paragraph (b) may engage in; and25\n(d) specify when the authority comes into force (see subsection26\n139(1)); and27\n(e) specify when the authority ceases to be in force, which must28\nbe before the end of the period of:29\n(i) if the authority is granted under section 130—12 months30\nafter the day the authority comes into force; or31\n\nDivision 4 General provisions relating to CIO authorities\n","sortOrder":138},{"sectionNumber":"150","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"150 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(ii) if the authority is granted under section 133—7 days1\nafter the day the authority comes into force; and2\n(f) specify any conditions to which the conduct of the controlled3\nintelligence operation is subject; and4\n(g) state the day and time when the authority is granted.5\nNote: The period for which a CIO authority is in force may be extended, or6\nfurther extended, under section 131 or 134.7\n(2) A person is sufficiently identified for the purposes of8\nparagraph (1)(b) if the person is identified:9\n(a) by an assumed name under which the person is operating; or10\n(b) by a code name or code number;11\nas long as the person’s identity can be matched to the assumed12\nname, code name or code number.13\n","sortOrder":139},{"sectionNumber":"139","sectionType":"section","heading":"When a CIO authority is in force14","content":"139 When a CIO authority is in force14\n(1) For the purposes of paragraph 138(1)(d) (specifying when a CIO15\nauthority comes into force), the CIO authority may specify that the16\nauthority comes into force:17\n(a) at the beginning of a specified day after the day the authority18\nis granted; or19\n(b) at the time the authority is granted.20\n(2) The CIO authority ceases to be in force:21\n(a) unless paragraph (b) applies—at the time specified in the22\nauthority in accordance with paragraph 138(1)(e) (subject to23\nany variation in accordance with this Part); and24\n(b) if the authority is cancelled under section 140—at the time25\nspecified in the cancellation.26\n","sortOrder":140},{"sectionNumber":"140","sectionType":"section","heading":"Cancellation of CIO authorities27","content":"140 Cancellation of CIO authorities27\n(1) The Attorney-General or the Director-General may cancel a CIO28\nauthority at any time and for any reason.29\nNote: The Attorney-General may decide to cancel a CIO authority in30\naccordance with subsection 135(1) or (2).31\n(2) Without limiting subsection (1):32\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 151\n(a) the Attorney-General must cancel a CIO authority if the1\nAttorney-General is satisfied that the grounds on which the2\nauthority was granted no longer exist; and3\n(b) the Director-General must cancel a CIO authority if the4\nDirector-General is satisfied that the grounds on which the5\nauthority was granted no longer exist.6\n(3) A cancellation of a CIO authority must:7\n(a) be in writing; and8\n(b) specify when the cancellation takes effect.9\n(4) If the Attorney-General cancels a CIO authority, the10\nAttorney-General must cause the Director-General to be notified of11\nthe cancellation as soon as practicable after the cancellation occurs.12\n(5) If the Director-General cancels a CIO authority, the13\nDirector-General must cause the Attorney-General to be notified of14\nthe cancellation as soon as practicable after the cancellation occurs.15\n(6) A cancellation under this section is not a legislative instrument.16\n\nDivision 5 Effect of CIO authorities etc.\n152 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 5—Effect of CIO authorities etc.1\n141 Effect of CIO authorities2\n(1) A CIO authority authorises a person who is identified in the3\nauthority to engage in the controlled conduct specified in the4\nauthority in respect of the person.5\n(2) The person is authorised to engage in the controlled conduct during6\nthe period for which the authority is in force.7\n(3) However, if any of the following events occur before the end of the8\nperiod for which the authority is in force, the person ceases to be9\nauthorised to engage in the controlled conduct immediately after10\nthe event occurs:11\n(a) if the CIO authority specifies a shorter period during which12\nthe person is authorised to engage in the controlled13\nconduct—the shorter period ends;14\n(b) the CIO authority is varied under section 131 or 134 to15\nprovide that the person is no longer authorised to engage in16\nthe controlled conduct;17\n(c) the CIO authority is cancelled.18\n142 Defect in a CIO authority19\nA request for a CIO authority or variation of such an authority, and20\nany CIO authority or variation of such an authority granted on the21\nbasis of such a request, is not invalidated by any defect, other than22\na defect that affects the request, CIO authority or variation in a23\nmaterial particular.24\n","sortOrder":141},{"sectionNumber":"143","sectionType":"section","heading":"Immunity from liability for controlled conduct during25","content":"143 Immunity from liability for controlled conduct during25\ncontrolled intelligence operations26\n(1) Despite any other law of the Commonwealth, a State or a Territory27\n(including the general law), a participant in a controlled28\nintelligence operation is not subject to any civil or criminal liability29\nfor or in relation to conduct engaged in by the participant if:30\n\nEffect of CIO authorities etc. Division 5\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 153\n(a) the participant engages in the conduct in the course of, and1\nfor the purposes of, the controlled intelligence operation; and2\n(b) the participant engages in the conduct in accordance with the3\nCIO authority to conduct the controlled intelligence4\noperation; and5\n(c) the participant is identified in the CIO authority as a person6\nauthorised to engage in controlled conduct for the purposes7\nof the controlled intelligence operation; and8\n(d) the conduct does not involve the participant intentionally9\ninducing another person to commit an offence against a law10\nof the Commonwealth, a State or a Territory that the other11\nperson would not otherwise have intended to commit; and12\n(e) the conduct does not involve the participant engaging in any13\nconduct that is likely to:14\n(i) seriously endanger the health or safety of any person; or15\n(ii) cause the death of, or serious injury to, any person; or16\n(iii) involve the commission of a sexual offence against any17\nperson; or18\n(iv) result in significant loss of, or serious damage to,19\nproperty; and20\n(f) if the participant is a civilian participant—the civilian21\nparticipant acts in accordance with the instructions of an22\nACIC staff member; and23\n(g) the requirements (if any) specified in a determination under24\nsubsection (2) have been met.25\n(2) The Attorney-General may, by legislative instrument, determine26\nrequirements for the purposes of paragraph (1)(g).27\n(3) Nothing in subparagraph (1)(e)(iii) is intended to prevent the28\nparticipant being protected from civil or criminal liability if the29\nconduct involves the participant:30\n(a) dealing with material depicting, material describing or31\nmaterial otherwise involving a sexual offence against any32\nperson; or33\n(b) facilitating a person to deal with such material.34\n\nDivision 5 Effect of CIO authorities etc.\n154 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n144 Requirements for warrants etc. not affected1\nIf, apart from this Part, the ACIC could not do a particular act2\nwithout it being authorised by warrant issued under this Act or3\nanother Act of the Commonwealth, this Part does not allow the4\nACIC to do the act without the warrant.5\n","sortOrder":142},{"sectionNumber":"145","sectionType":"section","heading":"Effect of being unaware of variation or cancellation of CIO6","content":"145 Effect of being unaware of variation or cancellation of CIO6\nauthority7\n(1) If an authority to conduct a controlled intelligence operation is8\nvaried in a way that limits its scope, this Part continues to apply to9\na participant in the controlled intelligence operation as if the10\nauthority had not been varied in that way, for so long as the11\nparticipant:12\n(a) is unaware of the variation; and13\n(b) is not reckless about the existence of the variation.14\n(2) If an authority to conduct a controlled intelligence operation is15\ncancelled, this Part continues to apply to a person who was a16\nparticipant in the controlled intelligence operation immediately17\nbefore the cancellation as if the authority had not been cancelled in18\nthat way, for so long as the person:19\n(a) is unaware of the cancellation; and20\n(b) is not reckless about the existence of the cancellation.21\n(3) For the purposes of this section, a person is reckless about the22\nexistence of the variation or cancellation of a CIO authority if:23\n(a) the person is aware of a substantial risk that the variation or24\ncancellation has happened; and25\n(b) having regard to the circumstances known to the person, it is26\nunjustifiable to take the risk that the variation or cancellation27\nhas not happened.28\n146 Protection from criminal responsibility for certain ancillary29\nconduct30\n(1) This section applies if:31\n\nEffect of CIO authorities etc. Division 5\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 155\n(a) a person engages in conduct (the ancillary conduct) that1\nrelates to controlled conduct (the related conduct) engaged in2\nby another person; and3\n(b) engaging in the ancillary conduct is an ancillary offence in4\nrelation to the offence constituted by the related conduct.5\n(2) Despite any other law of the Commonwealth, a State or a Territory,6\nthe person who engaged in the ancillary conduct is not criminally7\nresponsible for the ancillary offence, if, at the time the person8\nengaged in the ancillary conduct, the person believed the related9\nconduct was being engaged in, or would be engaged in, by a10\nparticipant in a controlled intelligence operation authorised under11\nthis Part.12\n\n156 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 6—Unauthorised communication of information1\nrelating to controlled intelligence operations2\n147 Offence—unauthorised communication of information by a CIO3\nentrusted person4\nCommunication by a CIO entrusted person5\n(1) A person commits an offence if:6\n(a) the person is, or has been, a CIO entrusted person; and7\n(b) information came to the knowledge or into the possession of8\nthe person in the person’s capacity as a CIO entrusted person;9\nand10\n(c) the person communicates the information; and11\n(d) the information relates to a controlled intelligence operation.12\nPenalty: Imprisonment for 10 years or 600 penalty units, or both.13\n(2) Strict liability applies to paragraph (1)(a).14\nNote: For strict liability, see section 6.1 of the Criminal Code.15\nExceptions16\n(3) Subsection (1) does not apply if the communication is:17\n(a) in connection with the administration or execution of this18\nPart; or19\n(b) for the purposes of any legal proceedings arising out of, or20\notherwise related to, this Part or of any report of any such21\nproceedings; or22\n(c) authorised or required by this Act or another law of the23\nCommonwealth; or24\n(d) in connection with the performance of functions, or the25\nexercise of powers, of the ACIC; or26\n(e) for the purpose of obtaining legal advice in relation to the27\ncontrolled intelligence operation; or28\n(f) to an IGIS official for the purpose of exercising powers, or29\nperforming functions or duties, as an IGIS official; or30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 157\n(g) by an IGIS official in connection with the IGIS official1\nexercising powers, or performing functions or duties, as an2\nIGIS official; or3\n(h) a NACC disclosure within the meaning of the National4\nAnti-Corruption Commission Act 2022; or5\n(i) to a staff member of the NACC (within the meaning of the6\nNational Anti-Corruption Commission Act 2022) in7\nconnection with the staff member exercising powers, or8\nperforming functions or duties, as a staff member of the9\nNACC; or10\n(j) by a staff member of the NACC (within the meaning of the11\nNational Anti-Corruption Commission Act 2022) in12\nconnection with the staff member exercising powers, or13\nperforming functions or duties, as a staff member of the14\nNACC.15\nNote: A defendant, except for an IGIS official, bears an evidential burden in16\nrelation to the matters in this subsection (see subsection 13.3(3) of the17\nCriminal Code). For IGIS officials, see section 34C of the18\nInspector-General of Intelligence and Security Act 1986.19\n(4) Subsection (1) does not apply to information that has already been20\ncommunicated, or made available, to the public with the authority21\nof the Commonwealth.22\nNote: A defendant bears an evidential burden in relation to the matters in23\nthis subsection: see subsection 13.3(3) of the Criminal Code.24\nExtended geographical jurisdiction25\n(5) Section 15.4 of the Criminal Code (extended geographical26\njurisdiction—category D) applies to an offence against27\nsubsection (1).28\n(6) Subsection (5) does not, by implication, affect the interpretation of29\nany other provision of this Act.30\n\n","sortOrder":143},{"sectionNumber":"158","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"158 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n","sortOrder":144},{"sectionNumber":"148","sectionType":"section","heading":"Offence—unauthorised communication of information by other1","content":"148 Offence—unauthorised communication of information by other1\npersons2\nCommunication by other persons—general offence3\n(a) the person communicates information; and5\n(b) the information relates to a controlled intelligence operation;6\nand7\n(c) the communication will endanger the health or safety of any8\nperson or prejudice the ACIC’s ability to obtain intelligence9\nrelevant to serious and organised crime.10\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.11\nCommunication by other persons—aggravated offence12\n(2) A person commits an offence if:13\n(a) the person communicates information; and14\n(b) the information relates to a controlled intelligence operation;15\nand16\n(c) either or both of the following subparagraphs apply:17\n(i) the person intends to endanger the health or safety of18\nany person or prejudice the ACIC’s ability to obtain19\nintelligence relevant to serious and organised crime;20\n(ii) the person knows that the communication will endanger21\nthe health or safety of any person or prejudice the22\nACIC’s ability to obtain intelligence relevant to serious23\nand organised crime.24\nPenalty: Imprisonment for 10 years or 600 penalty units, or both.25\nExceptions26\n(3) Subsections (1) and (2) do not apply if the communication is:27\n(a) in connection with the administration or execution of this28\nPart; or29\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 159\n(b) for the purposes of any legal proceedings arising out of, or1\notherwise related to, this Part or of any report of any such2\nproceedings; or3\n(c) authorised or required by this Act or another law of the4\nCommonwealth; or5\n(d) in connection with the performance of functions, or the6\nexercise of powers, of the ACIC; or7\n(e) for the purpose of obtaining legal advice in relation to the8\ncontrolled intelligence operation; or9\n(f) to an IGIS official for the purpose of exercising powers, or10\nperforming functions or duties, as an IGIS official; or11\n(g) by an IGIS official in connection with the IGIS official12\nexercising powers, or performing functions or duties, as an13\nIGIS official; or14\n(h) a NACC disclosure within the meaning of the National15\nAnti-Corruption Commission Act 2022; or16\n(i) to a staff member of the NACC (within the meaning of the17\nNational Anti-Corruption Commission Act 2022) in18\nconnection with the staff member exercising powers, or19\nperforming functions or duties, as a staff member of the20\nNACC; or21\n(j) by a staff member of the NACC (within the meaning of the22\nNational Anti-Corruption Commission Act 2022) in23\nconnection with the staff member exercising powers, or24\nperforming functions or duties, as a staff member of the25\nNACC.26\nNote: A defendant, except for an IGIS official, bears an evidential burden in27\nrelation to the matters in this subsection (see subsection 13.3(3) of the28\nCriminal Code). For IGIS officials, see section 34C of the29\nInspector-General of Intelligence and Security Act 1986.30\n(4) Subsections (1) and (2) do not apply to a person communicating31\ninformation if:32\n(a) the information has already been communicated, or made33\navailable, to the public (the prior publication); and34\n(b) the prior publication was not made with the authority of the35\nCommonwealth; and36\n\n","sortOrder":145},{"sectionNumber":"160","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"160 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(c) the person was not involved in the prior publication (whether1\ndirectly or indirectly); and2\n(d) at the time of the communication, the person believes that the3\ncommunication:4\n(i) will not endanger the health or safety of any person; and5\n(ii) will not prejudice the effective conduct of a controlled6\nintelligence operation; and7\n(e) having regard to the nature, extent and place of the prior8\npublication, the person has reasonable grounds for that belief.9\nNote: A defendant bears an evidential burden in relation to the matters in10\nthis subsection: see subsection 13.3(3) of the Criminal Code.11\n(5) Subsections (1) and (2) do not apply to information that has12\nalready been communicated, or made available, to the public with13\nthe authority of the Commonwealth.14\nNote: A defendant bears an evidential burden in relation to the matters in15\nthis subsection: see subsection 13.3(3) of the Criminal Code.16\nAlternative verdict17\n(6) In a prosecution for an offence against subsection (2), the trier of18\nfact may find the defendant not guilty of that offence but guilty of19\nan offence against subsection (1) if:20\n(a) the trier of fact:21\n(i) is not satisfied that the defendant is guilty of the offence22\nagainst subsection (2); but23\n(ii) is satisfied beyond reasonable doubt that the defendant24\nis guilty of the offence against subsection (1); and25\n(b) the defendant has been accorded procedural fairness in26\nrelation to that finding of guilt.27\nExtended geographical jurisdiction28\n(7) Section 15.4 of the Criminal Code (extended geographical29\njurisdiction—category D) applies to an offence against30\nsubsection (1) or (2).31\n(8) Subsection (7) does not, by implication, affect the interpretation of32\nany other provision of this Act.33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 161\n","sortOrder":146},{"sectionNumber":"149","sectionType":"section","heading":"Prosecution of offences1","content":"149 Prosecution of offences1\n(1) A prosecution under this Division may be instituted only by or2\nwith the consent of:3\n(a) the Attorney-General; or4\n(b) a person acting under the Attorney-General’s direction.5\n(2) However:6\n(a) a person charged with an offence against this Division may7\nbe arrested, or a warrant for the person’s arrest may be issued8\nand executed; and9\n(b) such a person may be remanded in custody or on bail;10\neven if the consent of the Attorney-General or a person acting11\nunder the Attorney-General’s direction has not been obtained, but12\nno further proceedings are to be taken until that consent has been13\nobtained.14\n(3) Nothing in subsection (1) or (2) prevents the discharging of the15\naccused if proceedings are not continued within a reasonable time.16\n\nDivision 7 Notification and other matters\n162 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 7—Notification and other matters1\n150 Relationship to other laws and matters2\n(1) Subject to subsection (2) and section 151, this Part is not intended3\nto limit a discretion that a court has:4\n(a) to admit or exclude evidence in any proceedings; or5\n(b) to stay criminal proceedings in the interests of justice.6\n(2) In determining whether evidence should be admitted or excluded in7\nany proceedings, the fact that the evidence was obtained as a result8\nof a person engaging in criminal activity is to be disregarded if:9\n(a) the person was a participant in a controlled intelligence10\noperation authorised under this Part acting in the course of11\nthe controlled intelligence operation; and12\n(b) the criminal activity was controlled conduct.13\n","sortOrder":147},{"sectionNumber":"151","sectionType":"section","heading":"Evidence relating to granting of CIO authority14","content":"151 Evidence relating to granting of CIO authority14\n(1) The Attorney-General may issue a written certificate signed by the15\nAttorney-General setting out such facts as the Attorney-General16\nconsiders relevant with respect to the granting or variation of a17\nCIO authority by the Attorney-General.18\n(2) The Director-General may issue a written certificate signed by the19\nDirector-General setting out such facts as the Director-General20\nconsiders relevant with respect to the granting or variation of a21\nCIO authority by the Director-General.22\n(3) In any proceeding, a certificate under subsection (1) or (2) is prima23\nfacie evidence of the matters stated in the certificate.24\n","sortOrder":148},{"sectionNumber":"152","sectionType":"section","heading":"Notifications by Director-General to Inspector-General of25","content":"152 Notifications by Director-General to Inspector-General of25\nIntelligence and Security26\n(1) The Director-General must cause the Inspector-General of27\nIntelligence and Security to be notified if a CIO authority is28\ngranted or varied under this Part.29\n\nNotification and other matters Division 7\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 163\n(2) The notification must be given:1\n(a) in writing; and2\n(b) as soon as practicable after the CIO authority is granted or3\nvaried.4\n","sortOrder":149},{"sectionNumber":"153","sectionType":"section","heading":"Notifications by Director-General to Secretary5","content":"153 Notifications by Director-General to Secretary5\n(1) This section applies if:6\n(a) an authority to conduct a controlled intelligence operation is7\ngranted under this Part; and8\n(b) the Director-General believes that:9\n(i) the conduct of the controlled intelligence operation will10\ninvolve illicit goods; and11\n(ii) the illicit goods may be dealt with by an officer of12\nCustoms.13\n(2) The Director-General must, as soon as practicable after forming the14\nbelief in paragraph (1)(b), cause the Secretary of the Department,15\nor a person (the nominated person) nominated by the Secretary for16\nthe purposes of this section, to be notified in writing of the17\nfollowing, to the extent to which it is known:18\n(a) the place or places at which the illicit goods will pass into19\ncustoms control under the Customs Act 1901;20\n(b) the time or times when, and the day or days on which, the21\nillicit goods are expected to pass into customs control under22\nthe Customs Act 1901.23\n(3) A failure to comply with this section does not affect the validity of24\na CIO authority.25\n","sortOrder":150},{"sectionNumber":"154","sectionType":"section","heading":"Reports by Director-General26","content":"154 Reports by Director-General26\nRegular reports27\n(1) As soon as practicable after 30 June and 31 December in each year,28\nthe Director-General must give a written report to the29\nAttorney-General, the Minister and the Inspector-General of30\nIntelligence and Security that complies with subsection (2).31\n\n","sortOrder":151},{"sectionNumber":"Div 7","sectionType":"division","heading":"Notification and other matters","content":"Division 7 Notification and other matters\n","sortOrder":152},{"sectionNumber":"164","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"164 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(2) The report must include the following details for each controlled1\nintelligence operation for which an authority was in force at any2\ntime in the previous 6 months (the reporting period):3\n(a) the extent to which the controlled intelligence operation has,4\nduring the reporting period, assisted the ACIC in the5\nperformance of the function set out in paragraph 24(a);6\n(b) whether conduct of a participant in a controlled intelligence7\noperation:8\n(i) caused the death of, or injury to, any person; or9\n(ii) involved the commission of a sexual offence against any10\nperson; or11\n(iii) resulted in loss of, or damage to, property;12\n(c) if the granting of the authority to conduct the controlled13\nintelligence operation was subject to a condition and the14\ncondition was breached—the nature of the breach; and15\n(d) if a participant in the controlled intelligence operation16\nengaged in any unlawful conduct in the course of the17\noperation that was not controlled conduct:18\n(i) the nature of the unlawful conduct; and19\n(ii) any actions taken to prevent the unlawful conduct being20\nengaged in again.21\nAd-hoc reports22\n(3) The Director-General must give a report under subsection (4) if the23\nACIC identifies that any of the following events has occurred:24\n(a) the conduct of a participant in a controlled intelligence25\noperation has:26\n(i) caused the death of, or injury to, any person; or27\n(ii) involved the commission of a sexual offence against any28\nperson; or29\n(iii) resulted in loss of, or damage to, property;30\n(b) the granting of an authority to conduct a controlled31\nintelligence operation was subject to a condition and the32\ncondition has been breached;33\n\nNotification and other matters Division 7\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 165\n(c) a participant in a controlled intelligence operation has1\nengaged in any unlawful conduct in the course of the2\noperation that is not controlled conduct.3\n(4) The Director-General must, as soon as practicable after the ACIC4\nidentifies that the event has occurred, give a written report to the5\nAttorney-General, the Minister and the Inspector-General of6\nIntelligence and Security that contains details of the nature of the7\nconduct, breach or unlawful conduct (as the case requires).8\nReport not a legislative instrument9\n(5) A report under subsection (1) or (4) is not a legislative instrument.10\n\n166 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nPart 5—Search warrants1\n155 Simplified outline of this Part3\nThis Part provides for the Attorney-General, at the request of the4\nDirector-General, to issue search warrants and make assistance5\norders. There are 2 kinds of search warrants:6\n(a) premises search warrants; and7\n(b) person search warrants.8\nA premises search warrant authorises the ACIC to enter and search9\nparticular premises for relevant documents and things, and to10\nsearch certain persons at or nearby the premises. The ACIC may be11\nauthorised to execute the warrant covertly.12\nA person search warrant authorises the ACIC to search a person,13\nthings in the person’s possession, or conveyances operated or14\noccupied by the person within the last 24 hours, for relevant15\ndocuments or things. Things found during the search can be moved16\nto another place for examination and processing.17\nBoth kinds of warrant may authorise the ACIC to use electronic18\nequipment to obtain access to data held in or accessible from a19\ncomputer or device that is found during the search, and to seize20\ndocuments and things that are found. Documents and things seized21\nunder a warrant are returnable items under Part 8 of this Act.22\nThe Director-General is required to give reports about the23\nexecution of search warrants and related matters.24\nThe Attorney-General may make an assistance order requiring a25\nperson to provide information and assistance to allow the ACIC to26\naccess and use data held in, or accessible from, a computer or data27\nstorage device found during the execution of a search warrant. An28\noffence applies for failing to comply with an assistance order.29\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 167\nDivision 2—Premises search warrants1\n","sortOrder":153},{"sectionNumber":"156","sectionType":"section","heading":"Director-General may request premises search warrants2","content":"156 Director-General may request premises search warrants2\n(1) The Director-General may request the Attorney-General to issue a3\nwarrant authorising the ACIC to do a thing referred to in4\nsubsection 158(1) in respect of particular premises.5\n(2) The request must specify:6\n(a) the address, location or other description of the premises; and7\n(b) the facts and other grounds on which the Director-General8\nconsiders it necessary that the warrant should be issued.9\n(3) The request must be in writing unless the Director-General10\nconsiders it necessary, because of urgent circumstances, to make11\nthe request orally.12\n(4) If the Director-General makes the request orally, the13\nDirector-General must:14\n(a) provide all information required to be provided in a written15\nrequest; and16\n(b) as soon as practicable, forward to the Attorney-General a17\nwritten record of the request.18\n","sortOrder":154},{"sectionNumber":"157","sectionType":"section","heading":"Attorney-General may issue premises search warrants19","content":"157 Attorney-General may issue premises search warrants19\nAttorney-General may issue premises search warrants20\n(1) The Attorney-General may issue a warrant in respect of particular21\npremises if:22\n(a) the Director-General has, under subsection 156(1), requested23\na warrant in relation to the premises; and24\n(b) the Attorney-General is satisfied there are reasonable grounds25\nfor believing that access by the ACIC to documents or other26\nthings on the premises will substantially assist the ACIC to27\nobtain intelligence in accordance with this Act in respect of a28\nmatter that is important in relation to combatting serious and29\norganised crime (the serious and organised crime matter).30\n\n","sortOrder":155},{"sectionNumber":"168","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"168 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(2) The warrant is a premises search warrant.1\n(3) In considering whether to issue the warrant, the Attorney-General2\nmust have regard to the following:3\n(a) the nature and gravity of the serious and organised crime4\nmatter;5\n(b) the extent to which the warrant is likely to assist the ACIC in6\ncarrying out its function of obtaining intelligence relevant to7\nserious and organised crime;8\n(c) how much the privacy of any person would be likely to be9\ninterfered with as a result of executing the warrant;10\n(d) whether alternative methods of obtaining intelligence are11\navailable that:12\n(i) do not involve the use of the ACIC’s warranted powers;13\nand14\n(ii) would be effective and reasonably practicable to use in15\nthe circumstances;16\n(e) if the warrant will authorise the doing of any thing (the17\nconcealment thing) reasonably necessary to conceal the fact18\nthat any thing has been done under the warrant—whether the19\ndoing of the concealment thing is necessary in the20\ncircumstances.21\n(4) Subsection (3) does not limit the matters that the Attorney-General22\nmay take into account in considering whether to issue the warrant.23\nNotice and record of decision24\n(5) As soon as practicable after making a decision in relation to the25\nrequest, the Attorney-General must:26\n(a) if the Attorney-General decides to issue a warrant:27\n(i) cause the Director-General to be informed of the28\nissuance of the warrant; and29\n(ii) cause the warrant to be given to the Director-General;30\nand31\n(b) record the decision in writing; and32\n(c) cause the record to be given to the Director-General.33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 169\n158 Things that may be specified in premises search warrant1\nGeneral2\n(1) The things that may be specified in a premises search warrant are3\nany of the following that the Attorney-General considers4\nappropriate in the circumstances:5\n(a) entering the premises (the subject premises) to which the6\nwarrant relates;7\n(b) entering adjoining premises for the purpose of gaining entry8\nto or exiting the subject premises;9\n(c) searching the subject premises for the purpose of finding10\ndocuments or things relevant to the serious and organised11\ncrime matter referred to in paragraph 157(1)(b) to which the12\nwarrant relates;13\n(d) for the purposes of the search, opening or otherwise14\naccessing any safe, box, drawer, parcel, envelope, container15\nor concealed location in relation to which there is reasonable16\ncause to believe that any such documents or things may be17\nfound;18\n(e) if both of the following apply in relation to a person—19\nconducting an ordinary search or a frisk search of the person:20\n(i) the person is at or near the subject premises when the21\nwarrant is executed;22\n(ii) there is reasonable cause to believe that documents or23\nthings relevant to the serious and organised crime matter24\nare in the possession of the person;25\n(f) in relation to a document or thing found on the premises or as26\na result of an ordinary search or frisk search of a person—27\ninspecting or otherwise examining the document or thing;28\n(g) in relation to a document or thing referred to in paragraph (f)29\nthat appears to be relevant to the ACIC obtaining intelligence30\nrelevant to serious and organised crime, doing one or more of31\nthe following:32\n(i) copying, transcribing, photographing or otherwise33\nmaking a record of the document or thing;34\n(ii) seizing the document or thing;35\n\n","sortOrder":156},{"sectionNumber":"170","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"170 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(h) in relation to a thing found on the premises or as a result of1\nan ordinary search or frisk search of a person and that the2\nperson executing the search believes on reasonable grounds3\nto present a danger to a person—seizing the thing;4\n(i) in relation to a computer or data storage device (a subject5\ndevice) found on the subject premises or as a result of an6\nordinary search or frisk search of a person—doing any thing7\nmentioned in subsection (2);8\n(j) any thing (including returning to the subject premises any9\nthing seized in accordance with subparagraph (g)(ii) or10\n(2)(d)(iii)) reasonably necessary to conceal the fact that any11\nthing has been done under the warrant;12\n(k) any other thing reasonably incidental to any thing referred to13\nin any of paragraphs (a) to (j).14\nUse of electronic equipment etc.15\n(2) For the purposes of paragraph (1)(i), the things are:16\n(a) for the purpose of obtaining access to data (subject data) that17\nis held in, or accessible from, a subject device—to use one or18\nmore of the following, at any time when the warrant is in19\nforce, in order to determine whether the subject data is20\nrelevant to the serious and organised crime matter referred to21\nin paragraph 157(1)(b) to which the warrant relates:22\n(i) the subject device;23\n(ii) any other electronic equipment;24\n(iii) another data storage device; and25\n(b) if necessary to achieve the purpose mentioned in26\nparagraph (a)—to add, copy, delete or alter other data in, or27\naccessible from, the subject device; and28\n(c) if it is reasonable in all the circumstances to do so in order to29\nachieve the purpose mentioned in paragraph (a):30\n(i) to use any other computer to access the subject data; and31\n(ii) if necessary to achieve that purpose—to add, copy,32\ndelete or alter other data in, or accessible from, the33\ncomputer; and34\n(d) where there are reasonable grounds to believe that any35\nsubject data to which access has been obtained is relevant to36\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 171\nthe ACIC obtaining intelligence relevant to serious and1\norganised crime, to do any or all of the following:2\n(i) convert the subject data into documentary form, and3\nremove any such document;4\n(ii) copy the subject data to another data storage device, and5\nremove that other storage device;6\n(iii) seize the subject device; and7\n(e) to do any other thing reasonably incidental to any thing8\nreferred to in paragraphs (a) to (d).9\n","sortOrder":157},{"sectionNumber":"159","sectionType":"section","heading":"Content and duration of premises search warrants10","content":"159 Content and duration of premises search warrants10\nMatters to be specified in premises search warrant11\n(1) A premises search warrant must specify the following:12\n(a) the address, location or other description of the premises in13\nrespect of which the warrant is issued;14\n(b) the things referred to in paragraphs 158(1)(a) to (k) that are15\nauthorised by the warrant;16\n(c) the effect of 165(4) (which deals with the use of force against17\npersons and things);18\n(d) when the warrant comes into force (see subsection 167(2));19\n(e) when the warrant ceases to be in force, which must be before20\nthe end of the period of 90 days beginning on the day after21\nthe day the warrant comes into force;22\n(f) any conditions or restrictions that apply to the warrant23\n(including any conditions or restrictions that apply under24\nsection 165);25\n(g) whether the warrant may be executed covertly;26\n(h) whether the warrant authorises entry onto premises during27\nspecified hours, or at any time of the day or night;28\n(i) the day and time when the warrant is issued.29\nExtension of warrant and issue of further warrants not prevented30\n(2) Paragraph (1)(e) does not prevent:31\n(a) the warrant being varied under section 168 to extend, or32\nfurther extend, the period for which the warrant is in force; or33\n\n","sortOrder":158},{"sectionNumber":"172","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"172 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(b) the issue of a further search warrant in respect of particular1\npremises.2\nNote: If the period for which the warrant is in force is extended, or further3\nextended, in accordance with subsection 168(5), the warrant as4\nextended must cease to be in force before the end of the period of 905\ndays beginning on the day after the day the warrant comes into force:6\nsee subsection 168(6).7\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 173\n","sortOrder":159},{"sectionNumber":"Div 3","sectionType":"division","heading":"Person search warrants1","content":"Division 3—Person search warrants1\n160 Director-General may request person search warrants2\n(1) The Director-General may request the Attorney-General to issue a3\nwarrant in respect of a particular person.4\n(2) The request must specify the following:5\n(a) the name, or a description, of the person;6\n(b) the facts and other grounds on which the Director-General7\nconsiders it necessary that the warrant should be issued;8\n(c) the kinds of documents or things that the Director-General9\nhas reasonable grounds for believing:10\n(i) may be found if the warrant is executed; and11\n(ii) if accessed by the ACIC, will assist the ACIC to obtain12\nintelligence in accordance with this Act in respect of a13\nmatter.14\n(3) The request must be in writing unless the Director-General15\nconsiders it necessary, because of urgent circumstances, to make16\nthe request orally.17\n(4) If the Director-General makes the request orally, the18\nDirector-General must:19\n(a) provide all information required to be provided in a written20\nrequest; and21\n(b) as soon as practicable, forward to the Attorney-General a22\nwritten record of the request.23\n","sortOrder":160},{"sectionNumber":"161","sectionType":"section","heading":"Attorney-General may issue person search warrants24","content":"161 Attorney-General may issue person search warrants24\nAttorney-General may issue person search warrants25\n(1) The Attorney-General may issue a warrant in respect of a particular26\nperson if:27\n(a) the Director-General has, under subsection 160(1), requested28\na warrant in relation to the person; and29\n\n","sortOrder":161},{"sectionNumber":"174","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"174 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(b) the Attorney-General is satisfied there are reasonable grounds1\nfor suspecting that the person has in their possession, or will2\nwithin the next 72 hours have in their possession, a document3\nor thing; and4\n(c) the Attorney-General is satisfied there are reasonable grounds5\nfor believing that access by the ACIC to the document or6\nthing will assist the ACIC to obtain intelligence in7\naccordance with this Act in respect of a matter (the serious8\nand organised crime matter); and9\n(d) the Attorney-General is satisfied that subsection (2) or (3)10\napplies.11\n(2) This subsection applies if:12\n(a) a summons or notice to produce has been issued requiring the13\nperson to produce the document or thing; and14\n(b) there are reasonable grounds for believing that any of the15\nfollowing might be concealed, lost, mutilated or destroyed:16\n(i) the document;17\n(ii) the thing;18\n(iii) information or a document held in or accessible from19\nthe thing.20\n(3) This subsection applies if there are reasonable grounds for21\nbelieving that if a summons or notice to produce were issued to22\nrequire the person to produce the document or thing, any of the23\nfollowing might be concealed, lost, mutilated or destroyed:24\n(a) the document;25\n(b) the thing;26\n(c) information or a document held in or accessible from the27\nthing.28\n(4) The warrant is a person search warrant.29\nNotice and record of decision30\n(5) As soon as practicable after making a decision in relation to the31\nrequest for the warrant, the Attorney-General must:32\n(a) if the Attorney-General decides to issue a warrant:33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 175\n(i) cause the Director-General to be informed of the1\nissuance of the warrant; and2\n(ii) cause the warrant to be given to the Director-General;3\nand4\n(b) record the decision in writing; and5\n(c) cause the record to be given to the Director-General.6\n","sortOrder":162},{"sectionNumber":"162","sectionType":"section","heading":"Things authorised by a person search warrant7","content":"162 Things authorised by a person search warrant7\nGeneral8\n(1) A person search warrant authorises the following:9\n(a) searching any of the following for documents or things of a10\nkind specified in the warrant:11\n(i) the person specified in the warrant;12\n(ii) things found in the possession of the person;13\n(iii) any conveyance that the person had operated or14\noccupied at any time within 24 hours before the warrant15\nis executed;16\n(b) seizing documents or things specified in the warrant that are17\nfound in the course of the search;18\n(c) in relation to other documents or things found in the course19\nof the search, doing one or more of the following:20\n(i) inspecting or otherwise examining the document or21\nthing for the purpose of determining whether the22\ndocument or thing is relevant to the serious and23\norganised crime matter referred to in paragraph24\n161(1)(c) to which the warrant relates;25\n(ii) moving the document or thing to another place for such26\ninspection or examination in accordance with section27\n163;28\n(d) in relation to a document or thing referred to in paragraph (c)29\nthat the person executing the search believes on reasonable30\ngrounds to be relevant to the ACIC obtaining intelligence31\nrelevant to serious and organised crime—doing one or more32\nof the following:33\n(i) copying, transcribing, photographing or otherwise34\nmaking a record of the document or thing;35\n\n","sortOrder":163},{"sectionNumber":"176","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"176 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(ii) seizing the document or thing;1\n(e) seizing other things found in the course of the search that the2\nperson executing the search believes on reasonable grounds3\nto present a danger to a person.4\n(2) For the purposes of subparagraph (1)(a)(i), the search must be an5\nordinary search or frisk search.6\nUse of electronic equipment etc.7\n(3) A person search warrant also authorises the person executing the8\nwarrant:9\n(a) for the purpose of obtaining access to data (subject data) that10\nis held in, or accessible from, a computer or data storage11\ndevice (a subject device) found in the course of a search12\nauthorised under the warrant—to use one or more of the13\nfollowing, at any time when the warrant is in force, in order14\nto determine whether the subject data is relevant to the15\nserious and organised crime matter referred to in paragraph16\n161(1)(c) to which the warrant relates:17\n(i) the subject device;18\n(ii) any other electronic equipment;19\n(iii) another data storage device;20\n(b) if necessary to achieve the purpose mentioned in21\nparagraph (a)—to add, copy, delete or alter other data in, or22\naccessible from, the subject device; and23\n(c) if it is reasonable in all the circumstances to do so in order to24\nachieve the purpose mentioned in paragraph (a):25\n(i) to use any other computer to access the subject data; and26\n(ii) if necessary to achieve that purpose—to add, copy,27\ndelete or alter other data in, or accessible from, the28\ncomputer; and29\n(d) where there are reasonable grounds to believe that any30\nsubject data to which access has been obtained appears to be31\nrelevant to the ACIC obtaining intelligence relevant to32\nserious and organised crime, to do one or more of the33\nfollowing:34\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 177\n(i) convert the subject data into documentary form, and1\nremove any such document;2\n(ii) to copy the subject data to another data storage device,3\nand remove that other storage device;4\n(iii) to seize the subject device; and5\n(e) to do any other thing reasonably incidental to any thing6\nreferred to in any of paragraphs (a) to (d).7\n","sortOrder":164},{"sectionNumber":"163","sectionType":"section","heading":"Things may be moved for examination or processing8","content":"163 Things may be moved for examination or processing8\nGeneral requirements9\n(1) A thing found during the execution of a person search warrant in10\nrespect of a person (the subject person) may be moved to another11\nplace for examination or processing in order to determine whether12\nthe thing, or data held in or accessible from the thing, is relevant to13\nthe serious and organised crime matter referred to in paragraph14\n161(1)(c) to which the warrant relates, if:15\n(a) it is significantly more practicable to do so having regard to16\nthe timeliness and cost of examining or processing the thing17\nat another place and the availability of expert assistance; or18\n(b) the subject person consents in writing.19\nReceipts for things moved for examination or processing20\n(2) If the subject person requests a receipt for a thing moved under21\nsubsection (1), a person executing the warrant must cause a receipt22\nfor the thing to be given to the subject person.23\n(3) If 2 or more things are moved, they may be covered in the one24\nreceipt.25\nUse of electronic equipment at other place26\n(4) If a computer or data storage device found during the execution of27\na person search warrant is moved to another place for the purpose28\nof examination or processing under subsection (1), the warrant29\nauthorises a person executing the warrant to do any thing30\nmentioned in paragraph 162(3)(a), (b), (c), (d) or (e) at that other31\nplace.32\n\n","sortOrder":165},{"sectionNumber":"178","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"178 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nReturn or seizure of things moved1\n(5) Unless a thing moved to another place for the purpose of2\nexamination or processing under subsection (1) is seized under the3\nwarrant, a person executing the warrant must, before the warrant4\nexpires, cause the thing to be returned to the subject person.5\n(6) If the thing is seized, a person executing the warrant must, as soon6\nas practicable, cause notice of that fact to be given to the subject7\nperson.8\n164 Content and duration of person search warrants etc.9\nMatters to be specified in person search warrant10\n(1) A person search warrant must specify the following:11\n(a) the name or description of the person in respect of whom the12\nwarrant is issued;13\n(b) the things referred to in subsections 162(1) and (3) that are14\nauthorised by the warrant;15\n(c) the kinds of documents or things to be searched for under the16\nwarrant;17\n(d) the effect of subsection 165(4) (which deals with the use of18\nforce against persons and things);19\n(e) when the warrant comes into force (see subsection 167(2));20\n(f) when the warrant ceases to be in force, which must be before21\nthe end of the period of 14 days beginning on the day after22\nthe day the warrant comes into force;23\n(g) any conditions or restrictions that apply to the warrant24\n(including any conditions or restrictions that apply under25\nsection 165);26\n(h) the day and time when the warrant is issued.27\nExtension of warrant and issue of further warrants not prevented28\n(2) Paragraph (1)(f) does not prevent:29\n(a) the warrant being varied under section 168 to extend, or30\nfurther extend, the period for which the warrant is in force; or31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 179\n(b) the issue of a further search warrant in respect of a particular1\nperson.2\nNote: If the period for which the warrant is in force is extended, or further3\nextended, in accordance with subsection 168(5), the warrant as4\nextended must cease to be in force before the end of the period of 285\ndays beginning on the day after the day the warrant comes into force:6\nsee subsection 168(6).7\nNotice of warrant to be given8\n(3) If a person search warrant is being executed in relation to a person,9\na person executing the warrant must make available to that person10\na copy of the warrant.11\n\n180 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 4—General provisions relating to search warrants1\n165 General restrictions, conditions and use of force2\nCertain acts not authorised3\n(1) A search warrant may not authorise the addition, deletion or4\nalteration of data, or the doing of any thing, that is likely to:5\n(a) materially interfere with, interrupt or obstruct the lawful use6\nby other persons of a computer found as a result of executing7\nthe warrant unless the addition, deletion or alteration, or the8\ndoing of the thing, is necessary to do one or more of the9\nthings referred to in:10\n(i) if the warrant is a premises search warrant—paragraph11\n158(1)(i), (j) or (k); or12\n(ii) if the warrant is a person search warrant—paragraph13\n162(3)(a), (b), (c), (d) or (e) or subsection 163(1) or (4);14\nor15\n(b) cause any other material loss or damage to other persons16\nlawfully using the computer.17\n(2) A search warrant may not authorise a strip search or a search of a18\nperson’s body cavities.19\nConduct of ordinary or frisk search under search warrant20\n(3) An ordinary search or frisk search that is authorised by a search21\nwarrant must, if practicable, be conducted by a person of the same22\nsex as the person being searched.23\nSearch warrant authorises use of reasonable force24\n(4) A search warrant authorises the use of any force against persons25\nand things that is necessary and reasonable to do the things26\nspecified in the warrant.27\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 181\n","sortOrder":166},{"sectionNumber":"166","sectionType":"section","heading":"Exercise of authority conferred by search warrant1","content":"166 Exercise of authority conferred by search warrant1\nExercise of authority conferred by search warrant2\n(1) Subject to subsection (4), the authority conferred by a search3\nwarrant may only be exercised by:4\n(a) the Director-General; or5\n(b) a person, or a class of persons, in relation to whom an6\napproval under subsection (2) is in force in relation to the7\nwarrant.8\n(2) The Director-General may, in writing, approve a person, or a class9\nof persons, to exercise the authority conferred by a search warrant.10\n(3) To avoid doubt, if approval is given to a person or a class of11\npersons holding, occupying or performing the duties of an office or12\nposition, then the approval extends to such office or position that13\ncomes into existence after the approval is given.14\nExercise of authority to conduct ordinary search or frisk search15\n(4) An ordinary search or frisk search authorised by a search warrant16\nmay only be conducted by a person if:17\n(a) the person is a constable; and18\n(b) an approval under subsection (2) is in force for the person at19\nthe time the ordinary search or frisk search is conducted.20\nRecord to be made of person exercising authority21\n(5) The Director-General must, as soon as practicable after the22\nexercise of the authority conferred by a search warrant, cause a23\nwritten record to be made that identifies each person who exercised24\nthat authority.25\n","sortOrder":167},{"sectionNumber":"167","sectionType":"section","heading":"When search warrant is in force26","content":"167 When search warrant is in force26\nWhen search warrant is in force27\n(1) Subsection (2) applies for the purposes of:28\n\n","sortOrder":168},{"sectionNumber":"182","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"182 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(a) for a premises search warrant—paragraph 159(1)(d)1\n(premises search warrant must specify when the warrant is to2\ncome into force); or3\n(b) for a person search warrant—paragraph 164(1)(e) (person4\nsearch warrant must specify when the warrant is to come into5\nforce).6\n(2) The warrant may specify that the warrant comes into force:7\n(a) at the beginning of a specified day after the day the warrant is8\nissued; or9\n(b) immediately after a specified event happens (which must be10\nan event that happens after the time the warrant is issued); or11\n(c) at the time the warrant is issued.12\n(3) The warrant ceases to be in force:13\n(a) unless paragraph (b) applies—at the time specified in the14\nwarrant in accordance with paragraph 159(1)(e) or 164(1)(f)15\n(subject to any variation in accordance with subsection16\n168(5));17\n(b) if the warrant is revoked under subsection 169(1)—at the18\ntime the Director-General is informed of the revocation.19\nNote: Where the period for which a search warrant is in force is extended, or20\nfurther extended, in accordance with subsection 168(5), the warrant,21\nas extended, must cease to be in force before:22\n(a) for a premises search warrant—the end of the period of 90 days23\nbeginning on the day after the day the warrant comes into force;24\nor25\n(b) for a person search warrant—the end of the period of 28 days26\nbeginning on the day after the day the warrant comes into force.27\nExtended authorisation period for concealment of access28\n(4) Despite subsections (2) and (3), if a premises search warrant29\nauthorises the doing of any thing (a concealment thing) reasonably30\nnecessary to conceal the fact that any thing has been done under31\nthe warrant, the ACIC is authorised to do the concealment thing:32\n(a) at any time while the warrant is in force, or at any time33\nbefore the end of the period of 28 days beginning on the day34\nafter the day the warrant ceases to be in force; or35\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 183\n(b) if the thing is not able to be done by the end of the 28 day1\nperiod mentioned in paragraph (a)—at the earliest time after2\nthat 28 day period at which it is reasonably practicable to do3\nthe thing.4\n168 Attorney-General may vary search warrant5\nDirector-General may request variation6\n(1) The Director-General may request the Attorney-General to vary a7\nsearch warrant.8\n(2) The request must specify:9\n(a) if the request is to vary a premises search warrant—the things10\nmentioned in paragraphs 156(2)(a) and (b); or11\n(b) if the request is to vary a person search warrant—the things12\nmentioned in paragraphs 160(2)(a), (b) and (c).13\n(3) The request must be in writing unless the Director-General14\nconsiders it necessary, because of urgent circumstances, to make15\nthe request orally.16\n(4) If the Director-General makes the request orally, the17\nDirector-General must:18\n(a) provide all information required to be provided in a written19\nrequest; and20\n(b) as soon as practicable, forward to the Attorney-General a21\nwritten record of the request.22\nAttorney-General may vary search warrant on request23\n(5) The Attorney-General may vary the warrant if the24\nAttorney-General is satisfied that the Attorney-General could issue25\nthe warrant as varied under:26\n(a) in the case of a premises search warrant—section 157; or27\n(b) in the case of a person search warrant—section 161.28\n\n","sortOrder":169},{"sectionNumber":"184","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"184 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nTotal period warrant may be in force1\n(6) If the variation extends, or further extends, the period for which the2\nwarrant is in force, the warrant as varied must cease to be in force3\nbefore:4\n(a) in the case of a premises search warrant—the end of the5\nperiod of 90 days beginning on the day after the day the6\nwarrant comes into force; or7\n(b) in the case of a person search warrant—the end of the period8\nof 28 days beginning on the day after the day the warrant9\ncomes into force.10\nNotice and record of decision11\n(7) As soon as practicable after making a decision on the request for12\nthe variation, the Attorney-General must:13\n(a) if the Attorney-General decides to issue the variation:14\n(i) cause the Director-General to be informed of the15\nissuance of the variation; and16\n(ii) cause the variation to be given to the Director-General;17\nand18\n(b) record the decision in writing; and19\n(c) cause the record to be given to the Director-General.20\nWarrant may be varied more than once21\n(8) A warrant may be varied more than once under this section.22\n","sortOrder":170},{"sectionNumber":"169","sectionType":"section","heading":"Revocation and discontinuance of search warrant23","content":"169 Revocation and discontinuance of search warrant23\nAttorney-General may revoke search warrant24\n(1) The Attorney-General may, by writing, revoke a search warrant at25\nany time.26\n(2) If the Attorney-General revokes a search warrant, the27\nAttorney-General must, as soon as practicable:28\n(a) inform the Director-General of the revocation; and29\n(b) cause the revocation to be given to the Director-General.30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 185\n(3) The revocation takes effect when the Director-General is informed1\nof the revocation.2\nDirector-General must revoke search warrant in certain3\ncircumstances4\n(4) The Director-General must take the actions in subsection (5) if:5\n(a) a search warrant is in force; and6\n(b) the Director-General becomes satisfied that the grounds on7\nwhich the warrant was issued have ceased to exist.8\n(5) The actions are to, as soon as practicable:9\n(a) by writing, revoke the warrant; and10\n(b) inform the Attorney-General that the Director-General is11\nsatisfied that the grounds on which the warrant was issued12\nhave ceased to exist and the warrant has been revoked.13\nDiscontinuance of activities under search warrant14\n(6) If a search warrant is revoked, the Director-General must15\nimmediately take such steps as are necessary to ensure that any16\nacts authorised by the warrant are discontinued.17\n170 Director-General to give reports about execution of search18\nwarrants19\n(1) As soon as practicable after 30 June and 31 December in each year,20\nthe Director-General must give a written report to the21\nAttorney-General, the Minister and the Inspector-General of22\nIntelligence and Security that complies with subsection (2).23\n(2) The report must, for each search warrant that ceased to be in force24\nat any time during the period of 6 months ending on the 30 June or25\n31 December, state whether the warrant was executed, and, if so,26\ngive details of:27\n(a) the extent to which the action taken under the warrant has28\nassisted the ACIC in carrying out its functions;29\n(b) the compliance with the conditions or restrictions (if any)30\nthat apply to the warrant;31\n(c) any assistance order made in relation to the warrant;32\n\n","sortOrder":171},{"sectionNumber":"186","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"186 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(d) if any data was accessed under the warrant using a computer1\nor other electronic equipment, or a data storage device:2\n(i) the period during which the data was accessed; and3\n(ii) the name, if known, of any person whose data was4\naccessed;5\n(e) anything that materially interfered with, interrupted or6\nobstructed the lawful use by other persons of a computer, as a7\nresult of a thing done under any of the following provisions:8\n(i) paragraph 158(1)(i), (j) or (k);9\n(ii) subsection 162(3);10\n(iii) subsection 163(1) or (4);11\n(f) if the warrant is a premises search warrant—any concealment12\nthing, as referred to in subsection 167(4), that was done, or is13\nlikely to be done, after the warrant has ceased to be in force.14\n","sortOrder":172},{"sectionNumber":"171","sectionType":"section","heading":"Director-General to give reports about concealment activities15","content":"171 Director-General to give reports about concealment activities15\nReport about concealment activities conducted after warrant16\nceases to be in force17\n(1) The Director-General must give the Attorney-General, the Minister18\nand the Inspector-General of Intelligence and Security a written19\nreport if:20\n(a) a premises search warrant ceases to be in force; and21\n(b) a thing was done under paragraph 158(1)(j) in connection22\nwith the warrant at a time during any of the following periods23\n(each of which is a prescribed post-cessation period):24\n(i) the period of 3 months after the day the warrant ceased25\nto be in force;26\n(ii) a subsequent 3 month period; and27\n(c) the thing has not been dealt with in a report under subsection28\n170(1).29\n(2) The report must:30\n(a) contain details of the extent to which doing the thing has31\nassisted the ACIC in carrying out its functions; and32\n(b) be given as soon as practicable after the end of the prescribed33\npost-cessation period that applies to the report.34\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 187\nReport about concealment activities likely to be conducted after1\nwarrant ceases to be in force2\n(3) The Director-General must give the Attorney-General, the Minister3\nand the Inspector-General of Intelligence and Security a written4\nreport if:5\n(a) a premises search warrant ceases to be in force; and6\n(b) it is likely that a thing will be done under paragraph 158(1)(j)7\nin connection with the warrant at a time during any of the8\nfollowing periods (each of which is a prescribed9\npost-cessation period):10\n(i) the period of 3 months after the day the warrant ceased11\nto be in force;12\n(ii) a subsequent 3 month period.13\n(4) The report must:14\n(a) contain details of the extent to which doing the thing will15\nassist the ACIC in carrying out its functions; and16\n(b) be given as soon as practicable after the beginning of the17\nprescribed post-cessation period that applies to the report.18\nProvisions for the avoidance of doubt19\n(5) To avoid doubt, if, during a prescribed post-cessation period, it20\nceases to be likely that a thing will be done under 158(1)(j) in21\nconnection with the warrant, subsection (3) does not require a22\nreport to be given in relation to the thing.23\n(6) Nothing in this section prevents the Director-General from24\nincluding in a single report:25\n(a) more than one thing that was done during a prescribed26\npost-cessation period as referred to in paragraph (1)(b); or27\n(b) more than one thing that is likely to be done during a28\nprescribed post-cessation period as referred to in29\nparagraph (3)(b); or30\n(c) a report as required under subsection (1) and a report as31\nrequired under subsection (3).32\n\n","sortOrder":173},{"sectionNumber":"188","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"188 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n172 Director-General to give reports about non-compliant action1\n(1) The Director-General must give a report under subsection (2) if the2\nACIC identifies that either of the following has occurred:3\n(a) a thing done during the execution of a search warrant that4\nbreaches a condition or restriction that applies to the warrant;5\n(b) a thing done by the ACIC which:6\n(i) must be authorised by a search warrant; and7\n(ii) when done, was not authorised by a search warrant.8\n(2) The Director-General must, as soon as practicable after the ACIC9\nidentifies that the doing of the thing has occurred, give a written10\nreport to the Attorney-General, the Minister and the11\nInspector-General of Intelligence and Security.12\n(3) The report must contain details of:13\n(a) the nature of the thing that was done; and14\n(b) the steps taken by the ACIC to reduce the likelihood of15\nreoccurrence of that kind of thing being done.16\n","sortOrder":174},{"sectionNumber":"173","sectionType":"section","heading":"Director-General to give notice about use of force17","content":"173 Director-General to give notice about use of force17\nThe Director-General must, as soon as practicable after force is18\nused against a person in the execution of a premises search19\nwarrant, cause written notice of that fact to be given to the20\nAttorney-General and the Inspector-General of Intelligence and21\nSecurity.22\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 189\nDivision 5—Assistance orders1\n174 Director-General may request assistance orders2\n(1) The Director-General may request the Attorney-General to make3\nan order requiring a specified person to provide information or4\nassistance as referred to in section 176 in respect of a computer or5\na data storage device that:6\n(a) is found during the execution of a premises search warrant;7\nor8\n(b) is found during the execution of a person search warrant; or9\n(c) has been moved under subsection 163(1) and is at a place for10\nexamination or processing; or11\n(d) has been seized under this Part.12\n(2) A request may be made:13\n(a) orally; or14\n(b) in writing.15\n(3) If the request is made orally, the Director-General must:16\n(a) make a written record of the request; and17\n(b) do so within 48 hours after the request was made.18\n(4) The request (the current request) must include the particulars and19\noutcomes of all previous requests (if any) under subsection (1) for20\nthe making of an assistance order relating to the person specified in21\nthe current request.22\n","sortOrder":175},{"sectionNumber":"175","sectionType":"section","heading":"Attorney-General may make assistance orders23","content":"175 Attorney-General may make assistance orders23\nAttorney-General may make assistance orders24\n(1) The Attorney-General may make an order requiring a specified25\nperson to provide information or assistance as referred to in26\nsubsection 176 in respect of a computer or data storage device if:27\n(a) the Director-General has, under subsection 174(1), requested28\nan order in relation to the person and in respect of the29\ncomputer or device; and30\n\nDivision 5 Assistance orders\n","sortOrder":176},{"sectionNumber":"190","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"190 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(b) if the computer or device is found or seized during the1\nexecution of a premises search warrant—the Attorney2\nGeneral is satisfied there are reasonable grounds for3\nsuspecting that access by the ACIC to data held in, or4\naccessible from, the computer or device will substantially5\nassist the ACIC to obtain intelligence in accordance with this6\nAct in respect of a matter that is important in relation to7\ncombatting serious and organised crime; and8\n(c) if the computer or device is found or seized during the9\nexecution of a person search warrant (whether or not the10\ncomputer or device has been moved to another place under11\nsubsection 163(1))—the Attorney-General is satisfied there12\nare reasonable grounds for suspecting that access by the13\nACIC to data held in, or accessible from, the computer or14\ndevice will assist the ACIC to obtain intelligence in15\naccordance with this Act in respect of a matter; and16\n(d) the Attorney-General is satisfied, on reasonable grounds, that17\nthe specified person is:18\n(i) reasonably suspected of being involved in activities that19\nare relevant to serious and organised crime; or20\n(ii) the owner or lessee of the computer or device; or21\n(iii) an employee of the owner or lessee of the computer or22\ndevice; or23\n(iv) a person engaged under a contract for services by the24\nowner or lessee of the computer or device; or25\n(v) a person who uses or has used the computer or device;26\nor27\n(vi) a person who is or was a system administrator for the28\nsystem including the computer or device; and29\n(e) the Attorney-General is satisfied, on reasonable grounds, that30\nthe specified person has relevant knowledge of:31\n(i) the computer or device; or32\n(ii) a computer network of which the computer or device33\nforms or formed a part; or34\n(iii) measures applied to protect data held in, or accessible35\nfrom, the computer or device.36\n(2) The order is an assistance order.37\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 191\nAssistance order must be pre-seizure order or post-seizure order1\n(3) The order must specify whether the order is:2\n(a) a pre-seizure order; or3\n(b) a post-seizure order.4\n(4) A pre-seizure order is an assistance order that:5\n(a) begins to be in force either:6\n(i) if the order specifies a day (which must be a day after7\nthe day the order is made)—at the beginning of that day;8\nor9\n(ii) otherwise—at the time the order is made; and10\n(b) unless revoked earlier, continues in force until the earlier of11\nthe following:12\n(i) the time the order is complied with;13\n(ii) the time the computer or data storage device that is the14\nsubject of the order is seized under this Part.15\n(5) A post-seizure order is an assistance order that:16\n(a) begins to be in force at the later of the following:17\n(i) the time the order is made;18\n(ii) the time that the computer or data storage device that is19\nthe subject of the order is seized under this Part; and20\n(b) continues in force until the time the order is complied with or21\nis revoked.22\nOther matters to be specified in post-seizure order23\n(6) If the order is a post-seizure order, the order must:24\n(a) specify the period within which the person must provide the25\ninformation or assistance required by the order; and26\n(b) specify the place at which the person must provide the27\ninformation or assistance; and28\n(c) specify the conditions (if any) determined by the29\nAttorney-General as the conditions to which the requirement30\non the person to provide the information or assistance is31\nsubject.32\n\nDivision 5 Assistance orders\n192 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n176 Information or assistance that may be required by assistance1\norder2\nAn assistance order may require the person specified in the order to3\nprovide any information or assistance that is reasonable and4\nnecessary to allow the ACIC to do any of the following:5\n(a) access data held in, or accessible from, the computer or data6\nstorage device to which the order relates;7\n(b) continue to access such data while the computer or device is8\nin the custody or possession of the ACIC;9\n(c) copy data held in, or accessible from, the computer or device10\nto another data storage device (secondary device);11\n(d) convert into documentary form or another form intelligible to12\nan ACIC staff member:13\n(i) data held in, or accessible from, the computer or data14\nstorage device to which the order relates; or15\n(ii) data held in a secondary device to which the data was16\ncopied as mentioned in paragraph (c).17\n","sortOrder":177},{"sectionNumber":"177","sectionType":"section","heading":"Limit on the ACIC’s continued access to data18","content":"177 Limit on the ACIC’s continued access to data18\nTo avoid doubt, nothing in this Division authorises the ACIC to19\ncontinue to access data held in, or accessible from, a computer or20\ndata storage device as referred to in paragraph 176(b) other than21\nwhile the computer or data storage device is in the custody or22\npossession of the ACIC.23\n178 Revocation of assistance order24\nAttorney-General may revoke assistance order25\n(1) The Attorney-General may, at any time, by writing, revoke an26\nassistance order that is in force under this Division.27\n(2) If the Attorney-General revokes an assistance order under28\nsubsection (1), the Attorney-General must, as soon as practicable:29\n(a) inform the Director-General of the revocation; and30\n(b) cause the revocation to be given to the Director-General.31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 193\n(3) The revocation takes effect when the Director-General is informed1\nof the revocation.2\nDirector-General must revoke assistance order in certain3\ncircumstances4\n(4) The Director-General must take the actions in subsection (5) if:5\n(a) an assistance order is in force under this Division; and6\n(b) the Director-General becomes satisfied that the grounds on7\nwhich the order was made have ceased to exist.8\n(5) The actions are to, as soon as practicable:9\n(a) by writing, revoke the assistance order; and10\n(b) inform the Attorney-General that:11\n(i) the Director-General is satisfied that the grounds on12\nwhich the assistance order was made have ceased to13\nexist; and14\n(ii) the assistance order has been revoked.15\n","sortOrder":178},{"sectionNumber":"179","sectionType":"section","heading":"Offence—failure to comply with assistance order16","content":"179 Offence—failure to comply with assistance order16\nA person commits an offence if:17\n(a) the person is subject to an assistance order; and18\n(b) the person is capable of complying with the order; and19\n(c) the person engages in conduct; and20\n(d) the person’s conduct contravenes the order.21\nPenalty: Imprisonment for 5 years or 300 penalty units, or both.22\n\n194 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nPart 6—National Policing Information systems and1\nservices2\nDivision 1—Preliminary3\n180 Simplified outline of this Part4\nThe ACIC is the administrator of the national policing information5\nsystem and has specific functions in relation to the system.6\nA person or body who provides national policing information:7\n(a) is the contributor of the information; and8\n(b) continues to be responsible for the information.9\nA person or body who accesses national policing information is a10\nuser of the information.11\nA law of a State, the Australian Capital Territory or the Northern12\nTerritory may confer a duty, function or power that relates to13\nnational policing information functions on the ACIC, the14\nDirector-General or an ACIC staff member.15\nThe Director-General may approve a person or body as an16\naccredited body for the purposes of requesting and receiving17\nnationally coordinated criminal history check services on behalf of18\nconsenting applicants.19\nThe ACIC may communicate information from nationally20\ncoordinated criminal history check services subject to certain21\nconditions.22\nThe functions of the National Policing Information Committee23\ninclude advising about priorities for national policing information24\nsystems and services and making recommendations to the Minister25\nabout charges for providing nationally coordinated criminal history26\ncheck services.27\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 195\nCharges, fees and other amounts received by the ACIC relating to1\nnational policing information functions are credited to the National2\nPolicing Information Systems and Services Special Account.3\n\n196 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 2—The national policing information system1\n181 The national policing information system2\n(1) The Director-General may, by writing, declare that a system for3\ncorrelating, providing access to, or facilitating the exchange of,4\ninformation is part of the national policing information system.5\n(2) A declaration made under subsection (1) is a legislative instrument,6\nbut section 42 (disallowance) of the Legislation Act 2003 does not7\napply to the declaration.8\nMeaning of national policing information9\n(3) National policing information:10\n(a) is information that can be accessed through the national11\npolicing information system; and12\n(b) includes information that has been provided to the ACIC13\nsolely for the purposes of being made available through the14\nnational policing information system.15\n182 The administrator16\n(1) The ACIC is the administrator of the national policing information17\nsystem.18\n(2) The functions of the ACIC as administrator of the system include19\nthe following:20\n(a) developing, supporting and maintaining the system, including21\nby scoping, enhancing and improving the system;22\n(b) providing assistance to contributors and users, including in23\nrelation to accessing and using the system;24\n(c) restricting or preventing access to national policing25\ninformation in accordance with instructions of contributors;26\n(d) ensuring that users of the system are notified of restrictions27\nor conditions on the use of national policing information in28\naccordance with the instructions of contributors;29\n\nThe national policing information system Division 2\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 197\n(e) providing ancillary services to facilitate the operation and use1\nof the system.2\n","sortOrder":179},{"sectionNumber":"183","sectionType":"section","heading":"Contributing information3","content":"183 Contributing information3\n(1) A person or body who provides national policing information must4\nensure that:5\n(a) the information was obtained lawfully; and6\n(b) providing the information is lawful; and7\n(c) any restrictions or conditions on access to, or use of, the8\ninformation are communicated to the ACIC as the9\nadministrator of the national policing information system.10\n(2) A person or body who provides national policing information is the11\ncontributor of the information.12\n(3) To avoid doubt, the ACIC may be a contributor of national13\npolicing information.14\n184 Accessing the national policing information system15\n(1) The Director-General may authorise a person or body to access the16\nnational policing information system (or a part of the system).17\n(2) The authorisation:18\n(a) must be in writing; and19\n(b) may specify the period for which it is in force; and20\n(c) may be granted subject to conditions specified in the21\nauthorisation.22\nMeaning of user23\n(3) A person or body who accesses national policing information24\nthrough the national policing information system is a user of the25\ninformation.26\n(4) To avoid doubt, the ACIC may be a user of national policing27\ninformation.28\n(5) However, the ACIC is not a user of national policing information29\nto the extent that the ACIC accesses the information in the exercise30\n\n","sortOrder":180},{"sectionNumber":"198","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"198 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nof its functions as administrator of the national policing1\ninformation system.2\n","sortOrder":181},{"sectionNumber":"185","sectionType":"section","heading":"Possession and control of information3","content":"185 Possession and control of information3\nPossession and control by ACIC4\n(1) The ACIC is taken, for all purposes, not to be in possession or5\ncontrol of national policing information, unless the ACIC is either6\nthe contributor or a user of the information.7\nPossession and control by contributor8\n(2) National policing information is taken, for all purposes, to be in the9\npossession and control of the contributor.10\nPossession and control by user11\n(3) To avoid doubt, a user of national policing information is also in12\npossession and control of the information as long as the user13\naccesses or retains the information.14\n(4) In addition, a user of national policing information is taken to have15\nbeen given the information by the contributor.16\nLiability of ACIC as administrator17\n(5) The ACIC is not subject to any civil or criminal liability for, or in18\nrelation to anything done, or omitted to be done:19\n(a) in its capacity as the administrator of the national policing20\ninformation system; or21\n(b) by another contributor or user of national policing22\ninformation.23\n(6) However, paragraph (5)(a) does not apply in relation to:24\n(a) a failure by the ACIC to take reasonable steps to restrict25\naccess to national policing information as instructed by the26\ncontributor; or27\n(b) a failure by the ACIC to take reasonable steps to28\ncommunicate conditions on access to, or use of, national29\npolicing information as instructed by the contributor.30\n\nThe national policing information system Division 2\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 199\n186 Disclosing national policing information to courts etc.1\n(1) This section applies to:2\n(a) proceedings before a court (whether exercising federal3\njurisdiction or not); and4\n(b) proceedings before any tribunal, authority or person having5\npower to require the production of documents or the6\nanswering of questions.7\n(2) A person who is or has been the Director-General or an ACIC staff8\nmember must not be required to disclose in the proceedings9\nnational policing information in relation to which the ACIC is10\nneither the contributor nor a user.11\n(3) However, subsection (2) does not apply:12\n(a) if the ACIC is a party to the proceedings; or13\n(b) if the Director-General or the ACIC staff member is a party14\nto the proceedings in the Director-General or the ACIC staff15\nmember’s official capacity; or16\n(c) to the extent that the disclosure is necessary for the purposes17\nof a provision of any of the following:18\n(i) this Act or an instrument made under this Act;19\n(ii) a law of a State, the Australian Capital Territory or the20\nNorthern Territory that confers duties, functions or21\npowers on the ACIC, the Director-General or an ACIC22\nstaff member;23\n(iii) the National Anti-Corruption Commission Act 2022 or24\nregulations under that Act;25\n(iv) the Inspector-General of Intelligence and Security Act26\n1986, or any other Act, or instrument made under an27\nAct, that confers functions, duties or powers on the28\nInspector-General of Intelligence and Security;29\n(v) the Parliamentary Joint Committee on Law30\nEnforcement Act 2010;31\n(vi) Schedule 1 to the Intelligence Services Act 2001;32\n(vii) any other law of the Commonwealth, a State, the33\nAustralian Capital Territory or the Northern Territory34\n\n","sortOrder":182},{"sectionNumber":"200","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"200 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nprescribed by the rules for the purposes of this1\nsubparagraph; or2\n(d) if the ACIC’s use of, or dealing with, the national policing3\ninformation as administrator of the national policing4\ninformation system is relevant to facts in issue in the5\nproceedings.6\n(4) To avoid doubt, this section does not:7\n(a) limit the application of section 231 (production of8\ninformation and documents to courts etc.); or9\n(b) prevent the Director-General from disclosing national10\npolicing information if it is lawful to do so.11\n(5) In this section:12\ndisclose, in relation to national policing information, includes13\nproduce, or permit access to, a document that contains the14\ninformation.15\n\nOperation of State and Territory laws Division 3\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 201\nDivision 3—Operation of State and Territory laws1\n","sortOrder":183},{"sectionNumber":"187","sectionType":"section","heading":"Conferral of duties, functions and powers by State and2","content":"187 Conferral of duties, functions and powers by State and2\nTerritory laws3\nConferring duties, functions and powers4\n(1) A law of a State, the Australian Capital Territory or the Northern5\nTerritory may confer a duty, function or power that relates to6\nnational policing information functions on one or more of the7\nfollowing:8\n(a) the ACIC;9\n(b) the Director-General;10\n(c) an ACIC staff member.11\n(2) Subsection (1) does not extend to a law of a State, the Australian12\nCapital Territory or the Northern Territory to the extent to which13\nthat law purports to confer any duty that is in contravention of any14\nconstitutional doctrine restricting the duties that may be conferred15\non:16\n(a) authorities of the Commonwealth; or17\n(b) members of authorities of the Commonwealth.18\nConcurrent operation of State and Territory laws19\n(3) Subsections (1) and (2) are not intended to exclude or limit the20\noperation of a law of a State, the Australian Capital Territory or the21\nNorthern Territory that confers duties, functions or powers on the22\nACIC, the Director-General or ACIC staff member to the extent23\nthat the law is capable of operating concurrently with Division 2.24\n(4) Without limiting subsection (3), this Division is not intended to25\nprevent the ACIC, the Director-General or ACIC staff member26\nfrom having concurrent duties, functions or powers under a law of27\na State, the Australian Capital Territory or the Northern Territory28\nthat relates to national policing information functions, so long as29\nthe law is capable of operating concurrently with Division 2.30\n\nDivision 3 Operation of State and Territory laws\n","sortOrder":184},{"sectionNumber":"202","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"202 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nState and Territory officers do not lose State or Territory powers1\n(5) Nothing in this Division results in a person, who is an officer of a2\nState, the Australian Capital Territory or the Northern Territory3\nand who becomes an ACIC staff member, ceasing to be able to4\nperform a duty or function, or to exercise a power, that is conferred5\non the person under a law of the State, the Australian Capital6\nTerritory or the Northern Territory in the person’s capacity as such7\nan officer.8\n188 Choice of Commonwealth and State or Territory powers9\n(1) This section applies if:10\n(a) the ACIC, the Director-General or ACIC staff member is11\nperforming a duty or function, or exercising a power, relating12\nto national policing information functions; and13\n(b) the ACIC or the person concerned has a choice between14\nexercising powers conferred by a law of the Commonwealth15\nand exercising powers conferred by a law of a State, the16\nAustralian Capital Territory or the Northern Territory.17\n(2) Neither the ACIC nor the person is required to favour exercising18\nthe powers conferred by the law of the Commonwealth.19\n","sortOrder":185},{"sectionNumber":"189","sectionType":"section","heading":"No obligation to perform certain duties or functions, or exercise20","content":"189 No obligation to perform certain duties or functions, or exercise20\ncertain powers21\nTo avoid doubt, neither this Division nor any other law of the22\nCommonwealth imposes an obligation on the ACIC, the23\nDirector-General or an ACIC staff member to perform a duty or24\nfunction, or exercise a power that is otherwise in contravention of25\nany constitutional doctrine restricting the duties that may be26\nconferred on:27\n(a) authorities of the Commonwealth; or28\n(b) members of authorities of the Commonwealth.29\n\nNationally coordinated criminal history check services Division 4\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 203\nDivision 4—Nationally coordinated criminal history check1\nservices2\n190 Accredited bodies3\nThe Director-General may, in writing, approve a person or body as4\nan accredited body for the purposes of requesting and receiving5\nnationally coordinated criminal history check services on behalf of6\nconsenting applicants to whom the services relate.7\n","sortOrder":186},{"sectionNumber":"191","sectionType":"section","heading":"Communication of information from criminal history check8","content":"191 Communication of information from criminal history check8\nservices9\nThe ACIC may communicate information from a nationally10\ncoordinated criminal history check service to a person or body,11\nincluding to the person to whom the service relates, if12\ncommunicating the information would not be contrary to:13\n(a) a law of the Commonwealth, a State or Territory that would14\notherwise apply; or15\n(b) if the information is national policing information—any16\nrestrictions or conditions imposed by the contributor.17\nNote: The person or body may also be an accredited body.18\n","sortOrder":187},{"sectionNumber":"192","sectionType":"section","heading":"Manners, methods or forms for criminal history check services19","content":"192 Manners, methods or forms for criminal history check services19\nThe Director-General may, by writing, approve manners or20\nmethods for, or prescribe forms in relation to, the following:21\n(a) making requests for a nationally coordinated criminal history22\ncheck service;23\n(b) receiving a nationally coordinated criminal history check24\nservice;25\n(c) any other matter in relation to nationally coordinated criminal26\nhistory check services.27\n\n204 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 5—National Policing Information Committee1\n193 National Policing Information Committee2\nThe National Policing Information Committee is established by3\nthis section.4\n","sortOrder":188},{"sectionNumber":"194","sectionType":"section","heading":"Membership5","content":"194 Membership5\n(1) The Committee consists of the following members:6\n(a) a representative of the ACIC, who is to be the Chair of the7\nCommittee;8\n(b) a representative of the Australian Federal Police;9\n(c) a representative of the police force or police service of each10\nState, of the Australian Capital Territory and of the Northern11\nTerritory;12\n(d) a representative of the Department.13\nChair14\n(2) The Chair is to be appointed by the Director-General by written15\ninstrument. The person appointed may be the Director-General.16\nNote: The Director-General may revoke an appointment: see17\nsubsection 33(3) of the Acts Interpretation Act 1901.18\nOther Committee members19\n(3) A Committee member other than the Chair:20\n(a) must be a person who has been nominated, in writing, by the21\nhead (however described) of the body the person is22\nrepresenting; and23\n(b) is to be appointed by the Chair, by written instrument,24\nfollowing nomination by the relevant body.25\nNote: The Chair may revoke an appointment: see subsection 33(3) of the26\nActs Interpretation Act 1901.27\n\nNational Policing Information Committee Division 5\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 205\nSubstitute members1\n(4) If a Committee member is unable to be present at a meeting of the2\nCommittee, the body the Committee member is representing may3\nnominate, in writing, another person to attend the meeting in the4\nplace of the Committee member.5\nNote: The Chair is a Committee member: see the definition of Committee6\nmember in section 7. This means the ACIC may, under this7\nsubsection, nominate another person to attend a meeting of the8\nCommittee in the place of the Chair.9\n(5) A person nominated under subsection (4) to attend a meeting of the10\nCommittee in the place of a Committee member has, and may11\nexercise, at that meeting all the rights of that Committee member.12\n(6) If the Committee proposes to make a decision without meeting (see13\nsubsection 203(1)) and a Committee member is unable to indicate14\nagreement or disagreement with the proposed decision, the body15\nthe Committee member is representing may nominate, in writing,16\nanother person to indicate agreement or disagreement with the17\nproposed decision.18\nNote: The Chair is a Committee member: see the definition of Committee19\nmember in section 7. This means the ACIC may, under this20\nsubsection, nominate another person to indicate agreement or21\ndisagreement with the proposed decision in the place of the Chair.22\n(7) A person nominated under subsection (6) to indicate agreement or23\ndisagreement with the proposed decision in the place of a24\nCommittee member has, and may exercise, all the rights of that25\nCommittee member in relation to that decision.26\nOther matters27\n(8) The office of a Committee member is not a public office within the28\nmeaning of the Remuneration Tribunal Act 1973.29\n","sortOrder":189},{"sectionNumber":"195","sectionType":"section","heading":"Functions of the Committee30","content":"195 Functions of the Committee30\nThe Committee has the following functions:31\n(a) to advise on priorities in relation to national policing32\ninformation systems and services;33\n\n","sortOrder":190},{"sectionNumber":"206","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"206 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(b) to make recommendations to the Minister about expenditure1\nfrom the National Policing Information Systems and Services2\nSpecial Account;3\n(c) to make recommendations to the Minister about charges4\nunder the Charges Act relating to an application to the ACIC5\nfor a nationally coordinated criminal history check service;6\n(d) any other functions conferred on the Committee by this Act7\nor another Act;8\n(e) to do anything incidental or conducive to the performance of9\nthe above functions.10\n","sortOrder":191},{"sectionNumber":"196","sectionType":"section","heading":"Requirement to make annual recommendation about charges11","content":"196 Requirement to make annual recommendation about charges11\n(1) For the purposes of paragraph 195(c), before the end of each12\nfinancial year, the Committee must recommend to the Minister in13\nwriting that the Minister either:14\n(a) vary the legislative instrument under subsection 7(1) of the15\nCharges Act in accordance with the recommendation; or16\n(b) not vary the legislative instrument made under17\nsubsection 7(1) of the Charges Act.18\n(2) In making the recommendation, the Committee:19\n(a) must have regard to the principle that the charges and other20\nfees imposed for national policing information services21\nshould cover the costs to the ACIC of providing national22\npolicing information systems and services (including23\nnationally coordinated criminal history check services); and24\n(b) may have regard to any other matter the Committee considers25\nrelevant.26\n(3) If the Committee recommends that the Minister vary the27\ninstrument, the recommendation must set out the matters28\nconsidered by the Committee.29\n","sortOrder":192},{"sectionNumber":"197","sectionType":"section","heading":"Convening meetings30","content":"197 Convening meetings30\n(1) The Committee must hold such meetings as are necessary for the31\nefficient performance of its functions.32\n\nNational Policing Information Committee Division 5\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 207\n(2) The Chair:1\n(a) may convene a meeting at any time; and2\n(b) must convene a meeting within 6 months beginning on the3\nday after the day this section commences; and4\n(c) must convene a minimum of 2 meetings each calendar year.5\n198 Presiding at meetings6\nThe Chair must preside at all meetings of the Committee.7\n","sortOrder":193},{"sectionNumber":"199","sectionType":"section","heading":"Quorum8","content":"199 Quorum8\nAt a meeting of the Committee, a quorum is constituted by:9\n(a) the Chair; and10\n(b) 5 other Committee members.11\n200 Voting at meetings12\n(1) A question arising at a meeting of the Committee is to be13\ndetermined by a majority of the votes of members present.14\n(2) The Chair has a deliberative vote and, if the votes are equal, a15\ncasting vote.16\n","sortOrder":194},{"sectionNumber":"201","sectionType":"section","heading":"Conduct of meetings17","content":"201 Conduct of meetings17\nThe Committee may, subject to this Act, regulate proceedings at its18\nmeetings as it considers appropriate.19\nNote: Section 33B of the Acts Interpretation Act 1901 contains further20\ninformation about the ways in which Committee members may21\nparticipate in meetings.22\n202 Minutes23\nThe Committee must keep minutes of its meetings.24\n","sortOrder":195},{"sectionNumber":"203","sectionType":"section","heading":"Decisions without meetings25","content":"203 Decisions without meetings25\n(1) The Committee is taken to have made a decision at a meeting if:26\n\n","sortOrder":196},{"sectionNumber":"208","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"208 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(a) without meeting, a majority of Committee members indicate1\nagreement with the decision; and2\n(b) that agreement is indicated in accordance with the method3\ndetermined by the Committee under subsection (2); and4\n(c) all of the Committee members were informed of the5\nproposed decision, or reasonable efforts were made to inform6\nall the members of the proposed decision.7\n(2) Subsection (1) applies only if the Committee:8\n(a) has determined that it may make decisions of that kind9\nwithout meeting; and10\n(b) has determined the method by which members are to indicate11\nagreement with proposed decisions.12\n(3) The Committee must keep a record of decisions made in13\naccordance with this section.14\nSubstitute members15\n(4) If a person has been nominated under subsection 194(6) in relation16\nto a proposed decision, or a nomination under subsection 194(4) is17\nin force in relation to the person, then subsection (1) of this section18\napplies as though a reference to a Committee member were a19\nreference to the person.20\n\nNational Policing Information Systems and Services Special Account Division 6\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 209\nDivision 6—National Policing Information Systems and1\nServices Special Account2\n","sortOrder":197},{"sectionNumber":"204","sectionType":"section","heading":"National Policing Information Systems and Services Special3","content":"204 National Policing Information Systems and Services Special3\nAccount4\n(1) The National Policing Information Systems and Services Special5\nAccount is continued in existence.6\nNote: The Account was established by the Financial Management and7\nAccountability Determination 2006/07—National Policing8\nInformation Systems and Services Special Account Establishment9\n2006, and continued in existence by section 59C of the Australian10\nCrime Commission Act 2002.11\n(2) The Account is a special account for the purposes of the Public12\nGovernance, Performance and Accountability Act 2013.13\n","sortOrder":198},{"sectionNumber":"205","sectionType":"section","heading":"Credits to the National Policing Information Systems and14","content":"205 Credits to the National Policing Information Systems and14\nServices Special Account15\nThere must be credited to the National Policing Information16\nSystems and Services Special Account amounts equal to the17\nfollowing:18\n(a) amounts paid to the ACIC by way of charge imposed by the19\nCharges Act;20\n(b) amounts received by way of fees referred to in section 31;21\n(c) any other amounts received by the ACIC in connection with22\nthe performance of its national policing information23\nfunctions.24\nNote: An Appropriation Act may contain a provision to the effect that, if any25\nof the purposes of a special account is a purpose that is covered by an26\nitem in the Appropriation Act (whether or not the item expressly27\nrefers to the special account), then amounts may be debited against the28\nappropriation for that item and credited to that special account.29\n\nDivision 6 National Policing Information Systems and Services Special Account\n210 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n206 Purposes of the National Policing Information Systems and1\nServices Special Account2\nEach of the following is a purpose of the National Policing3\nInformation Systems and Services Special Account:4\n(a) paying for scoping, developing, procuring, implementing and5\noperating information technology systems and services in6\nconnection with the ACIC’s national policing information7\nfunctions;8\n(b) paying or discharging the costs, expenses and other9\nobligations incurred by the Commonwealth in the10\nperformance of the ACIC’s national policing information11\nfunctions;12\n(c) paying any remuneration and allowances payable to any13\nperson under this Act in relation to the national policing14\ninformation functions;15\n(d) repaying to a State, the Australian Capital Territory or the16\nNorthern Territory, all or part of an amount received by the17\nACIC under section 31 in connection with the performance18\nof the ACIC’s national policing information functions, if it is19\nnot required for a purpose for which it was paid;20\n(e) paying refunds in accordance with section 32;21\n(f) reducing the balance of the Account (and therefore the22\navailable appropriation for the Account) without making a23\nreal or notional payment.24\nNote: See section 80 of the Public Governance, Performance and25\nAccountability Act 2013 (which deals with special accounts).26\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 211\n","sortOrder":199},{"sectionNumber":"Part 7","sectionType":"part","heading":"Criminal intelligence assessments1","content":"Part 7—Criminal intelligence assessments1\n","sortOrder":200},{"sectionNumber":"207","sectionType":"section","heading":"Simplified outline of this Part3","content":"207 Simplified outline of this Part3\nThe ACIC may make a criminal intelligence assessment in respect4\nof a person for the purposes of a background check required or5\npermitted under other legislation.6\nThe ACIC may give the criminal intelligence assessment to7\nanother Commonwealth agency for the purposes of the background8\ncheck.9\nAdverse criminal intelligence assessments do not need to be made10\nor given if doing so would prejudice law enforcement or11\nintelligence interests.12\nA person who is the subject of an adverse criminal intelligence13\nassessment may seek a review of the assessment.14\nThe Director-General may arrange for the use of computer15\nprograms to make certain decisions under this Part.16\n208 Meaning of criminal intelligence assessment17\n(1) A criminal intelligence assessment is a written statement made by18\nthe ACIC expressing any recommendation, opinion or advice on,19\nor otherwise referring to, the question of whether it would be20\nconsistent with preventing the advancement of serious and21\norganised crime for prescribed administrative action to be taken, or22\nnot taken, in respect of a person.23\n(2) To avoid doubt, a criminal intelligence assessment includes any24\nqualification or comment expressed in connection with any25\nrecommendation, opinion or advice mentioned in subsection (1), if26\n\n","sortOrder":201},{"sectionNumber":"212","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"212 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nthe qualification or comment relates, or could relate, to the1\nquestion mentioned in that subsection.2\n","sortOrder":202},{"sectionNumber":"209","sectionType":"section","heading":"Meaning of adverse criminal intelligence assessment3","content":"209 Meaning of adverse criminal intelligence assessment3\nAn adverse criminal intelligence assessment is a criminal4\nintelligence assessment in respect of a person that contains:5\n(a) any opinion or advice, or any qualification of any opinion or6\nadvice, or any information, that is or could be prejudicial to7\nthe interests of the person; and8\n(b) a recommendation that prescribed administrative action be9\ntaken or not be taken in respect of the person, being a10\nrecommendation the implementation of which would be11\nprejudicial to the interests of the person.12\n","sortOrder":203},{"sectionNumber":"210","sectionType":"section","heading":"Meaning of prescribed administrative action13","content":"210 Meaning of prescribed administrative action13\n(1) Prescribed administrative action means the exercise of any power,14\nor the performance of any function, in relation to any of the15\nfollowing decisions under a law of a State or Territory:16\n(a) a decision about whether to issue a firearms licence or17\notherwise relating to the issue of such a licence (including in18\nrelation to conditions);19\n(b) a decision about whether to renew, revoke, vary or suspend a20\nlicence mentioned in paragraph (a).21\n(2) Action is also prescribed administrative action if the action relates22\nto or affects:23\n(a) access by a person to any information or place, access to24\nwhich is controlled or limited under:25\n(i) the Aviation Transport Security Act 2004 or regulations26\nunder that Act; or27\n(ii) the Maritime Transport and Offshore Facilities Security28\nAct 2003 or regulations under that Act; or29\n(iii) an Act prescribed by the rules for the purposes of this30\nsubparagraph, or a legislative instrument under that Act;31\nor32\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 213\n(b) a person’s ability to perform an activity in relation to, or1\ninvolving, a thing (other than information or a place), if that2\nability is controlled or limited under:3\n(i) the Aviation Transport Security Act 2004 or regulations4\nunder that Act; or5\n(ii) the Maritime Transport and Offshore Facilities Security6\nAct 2003 or regulations under that Act; or7\n(iii) an Act prescribed by the rules for the purposes of this8\nsubparagraph, or a legislative instrument under that Act.9\n\n214 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 2—Criminal intelligence assessments1\n211 Making criminal intelligence assessments2\nGeneral3\n(1) The ACIC may make criminal intelligence assessments for4\npurposes related to:5\n(a) firearms background checks; or6\n(b) background checks required or permitted by any of the7\nfollowing:8\n(i) the Aviation Transport Security Act 2004 or regulations9\nunder that Act;10\n(ii) the Maritime Transport and Offshore Facilities Security11\nAct 2003 or regulations under that Act;12\n(iii) an Act prescribed by the rules for the purposes of13\nsubparagraph 210(2)(a)(iii) or (b)(iii), or a legislative14\ninstrument under that Act.15\n(2) The Director-General may, by legislative instrument, determine the16\nfollowing in relation to the making of criminal intelligence17\nassessments:18\n(a) the matters that must be taken into account;19\n(b) the manner in which those matters must be taken into20\naccount;21\n(c) the matters that must not be taken into account.22\n(3) The Director-General must not make a determination under23\nsubsection (2) unless the Director-General has consulted the24\nMinister.25\n(4) If the ACIC, in making a criminal intelligence assessment,26\nconsiders that making an adverse criminal intelligence assessment27\nin respect of a person would prejudice law enforcement or28\nintelligence interests, the ACIC may decide not to make the29\nassessment.30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 215\n(5) To avoid doubt, for the purposes of performing the function in1\nsubsection (1), the ACIC may:2\n(a) make a criminal intelligence assessment at any time for3\npurposes related to a background check that:4\n(i) is being undertaken; or5\n(ii) has previously been undertaken; and6\n(b) make more than one criminal intelligence assessment for7\npurposes related to the same background check.8\nCertain criminal intelligence assessments that are not adverse9\n(6) Despite subsections (1) and (2), the ACIC must make a criminal10\nintelligence assessment in respect of a person that is not an adverse11\ncriminal intelligence assessment if the person is not identified in a12\nsearch of intelligence held by the ACIC that is conducted in13\naccordance with the instructions issued by the Director-General14\nunder subsection (7).15\nNote: The Director-General may arrange for the use of a computer program16\nto make criminal intelligence assessments to which this subsection17\napplies: see section 215.18\n(7) The Director-General must, in writing, issue instructions about the19\nconducting of searches for the purposes of subsection (6).20\n(8) Instructions issued under subsection (7) are not a legislative21\ninstrument.22\n212 Giving criminal intelligence assessments to Commonwealth23\nagencies24\nCriminal intelligence assessments that are not adverse25\n(1) The ACIC may give a criminal intelligence assessment, that is not26\nan adverse criminal intelligence assessment, in respect of a person27\nto a Commonwealth agency for purposes related to:28\n(a) a firearms background check of the person; or29\n(b) a background check of the person that is required or30\npermitted by any of the following:31\n\n","sortOrder":204},{"sectionNumber":"216","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"216 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(i) the Aviation Transport Security Act 2004 or regulations1\nunder that Act;2\n(ii) the Maritime Transport and Offshore Facilities Security3\nAct 2003 or regulations under that Act;4\n(iii) an Act prescribed by the rules for the purposes of5\nsubparagraph 210(2)(a)(iii) or (b)(iii), or a legislative6\ninstrument under that Act.7\n(2) Despite subsection (1), the ACIC must give a criminal intelligence8\nassessment, that is not an adverse criminal intelligence assessment,9\nin respect of a person to a Commonwealth agency for purposes10\nmentioned in subsection (1) if the criminal intelligence assessment11\nis made in accordance with subsection 211(6).12\nNote: The Director-General may arrange for the use of a computer program13\nto give certain kinds of criminal intelligence assessments to14\nCommonwealth agencies: see section 215.15\nAdverse criminal intelligence assessments16\n(3) The Director-General may cause an adverse criminal intelligence17\nassessment in respect of a person to be given to a Commonwealth18\nagency for purposes related to:19\n(a) a firearms background check of the person; or20\n(b) a background check of the person that is required or21\npermitted by any of the following:22\n(i) the Aviation Transport Security Act 2004 or regulations23\nunder that Act;24\n(ii) the Maritime Transport and Offshore Facilities Security25\nAct 2003 or regulations under that Act;26\n(iii) an Act prescribed by the rules for the purposes of27\nsubparagraph 210(2)(a)(iii) or (b)(iii), or a legislative28\ninstrument under that Act.29\n(4) If the Director-General considers that giving a Commonwealth30\nagency an adverse criminal intelligence assessment in respect of a31\nperson would prejudice law enforcement or intelligence interests or32\nsecurity, the Director-General may decide not to cause the33\nassessment to be given to the agency.34\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 217\n(5) An adverse criminal intelligence assessment given to a1\nCommonwealth agency under subsection (3) must be accompanied2\nby:3\n(a) a statement of the grounds for the assessment (which is taken4\nto be part of the assessment); and5\n(b) if, under subsection (7), the Director-General makes a6\ncertificate in relation to information contained in the7\nassessment—a copy of the certificate.8\n(6) The statement of the grounds for the adverse criminal intelligence9\nassessment must contain all information that the ACIC relied on in10\nmaking the assessment, other than:11\n(a) subject to subsection (8), information in relation to which the12\nDirector-General has made a certificate under subsection (7);13\nand14\n(b) information the disclosure of which would be contrary to a15\nlaw of the Commonwealth, a State or a Territory.16\nCertification of prejudicial information17\n(7) The Director-General may certify, in writing, that the18\nDirector-General is satisfied that disclosing particular information19\ncontained in an adverse criminal intelligence assessment, including20\nparticular information contained in the statement of the grounds for21\nthe assessment, to the person in respect of whom the assessment22\nwas made would prejudice law enforcement or intelligence23\ninterests or security.24\n(8) If the Director-General makes a certificate under subsection (7) in25\nrelation to information, the Director-General may decide not to26\ncause the information to be given to a Commonwealth agency27\nunder subsection (3) or (5). However, the Minister may, after28\nconsulting the Director-General, direct the Director-General to29\ncause the information to be given to the Commonwealth agency.30\nCertificates and written directions not legislative instruments31\n(9) A certificate made under subsection (7) is not a legislative32\ninstrument.33\n\n","sortOrder":205},{"sectionNumber":"218","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"218 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(10) If a direction under subsection (8) is made in writing, the direction1\nis not a legislative instrument.2\n","sortOrder":206},{"sectionNumber":"213","sectionType":"section","heading":"Person to be notified of adverse criminal intelligence assessment3","content":"213 Person to be notified of adverse criminal intelligence assessment3\n(1) If an adverse criminal intelligence assessment in respect of a4\nperson is given to a Commonwealth agency under5\nsubsection 212(3), the Commonwealth agency must give written6\nnotice of the assessment to the person.7\nNote: See also subsections (3) to (5) (about exceptions to subsection (1)).8\nTiming and content of notice9\n(2) The written notice must:10\n(a) be given to the person before the end of the period of 14 days11\nbeginning on the day after:12\n(i) unless subparagraph (ii) applies—the day the adverse13\ncriminal intelligence assessment is given to the14\nCommonwealth agency; or15\n(ii) if a certificate under subsection (6) that was in force in16\nrelation to the adverse criminal intelligence assessment17\nis subsequently revoked—the day the certificate is18\nrevoked; and19\n(b) inform the person of the making of the adverse criminal20\nintelligence assessment; and21\n(c) include the statement of the grounds for the adverse criminal22\nintelligence assessment that was given to the Commonwealth23\nagency (other than information in relation to which the24\nDirector-General has made a certificate under25\nsubsection 212(7)); and26\n(d) contain information concerning the person’s right to apply to27\nthe Tribunal for a review of the adverse criminal intelligence28\nassessment.29\nException—firearms30\n(3) Subsection (1) does not apply if the adverse criminal intelligence31\nassessment is given to the Commonwealth agency in relation to32\nany of the following decisions under a law of a State or Territory:33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 219\n(a) a decision about whether to issue a firearms licence or1\notherwise relating to the issue of such a licence (including in2\nrelation to conditions);3\n(b) a decision about whether to renew, revoke, vary or suspend a4\nlicence mentioned in paragraph (a).5\n(4) Despite subsection (3), subsection (1) does apply in the6\ncircumstances prescribed by the rules for the purposes of this7\nsubsection.8\nException—Minister’s certificate9\n(5) Subsection (1) does not apply if a certificate made under10\nsubsection (6) is in force in relation to the adverse criminal11\nintelligence assessment.12\n(6) The Minister may certify, in writing, that the Minister is satisfied13\nthat the withholding of notice to a person of the making of an14\nadverse criminal intelligence assessment in respect of the person is15\nessential to either or both of the following:16\n(a) avoiding prejudice to law enforcement or intelligence17\ninterests;18\n(b) security.19\nNote: Security has the same meaning as in the Australian Security20\nIntelligence Organisation Act 1979: see section 7.21\n(7) If the Minister makes a certificate under subsection (6) in relation22\nto an adverse criminal intelligence assessment, the Minister must:23\n(a) give a copy of the certificate to the Commonwealth agency to24\nwhich the assessment was given under subsection 212(3);25\nand26\n(b) before the end of the following periods (unless the certificate27\nis revoked earlier), consider whether to revoke the certificate:28\n(i) the period of 12 months beginning on the day on which29\nthe certificate was made;30\n(ii) each subsequent 12 month period.31\n(8) A certificate made under subsection (6) is not a legislative32\ninstrument.33\n\n","sortOrder":207},{"sectionNumber":"220","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"220 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n","sortOrder":208},{"sectionNumber":"214","sectionType":"section","heading":"Effect of preliminary advice by the ACIC1","content":"214 Effect of preliminary advice by the ACIC1\nA Commonwealth agency must not take, refuse to take or refrain2\nfrom taking prescribed administrative action on the basis of any3\ncommunication in relation to a person made by the ACIC not4\namounting to a criminal intelligence assessment.5\n\nAutomation of specified criminal intelligence assessment action Division 3\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 221\nDivision 3—Automation of specified criminal intelligence1\nassessment action2\n","sortOrder":209},{"sectionNumber":"215","sectionType":"section","heading":"Automation of specified criminal intelligence assessment action3","content":"215 Automation of specified criminal intelligence assessment action3\n(1) The Director-General may, in writing, arrange for the use, under4\nthe Director-General’s oversight, of computer programs to take5\nspecified criminal intelligence assessment action that must be taken6\nby the ACIC under this Act.7\n(2) Before making an arrangement under subsection (1), the8\nDirector-General must consult the Inspector-General of9\nIntelligence and Security.10\n(3) As soon as practicable after making an arrangement under11\nsubsection (1), the Director-General must give a copy of the12\narrangement to the Inspector-General of Intelligence and Security.13\n(4) Specified criminal intelligence assessment action is:14\n(a) performing, or refusing or failing to perform, a function or15\nduty under subsection 211(6); or16\n(b) performing, or refusing or failing to perform, a function or17\nduty under subsection 212(2); or18\n(c) doing, or refusing or failing to do, anything related to19\nperforming a function or duty under the subsection20\nmentioned in paragraph (a) or (b).21\nACIC treated as having taken specified criminal intelligence22\nassessment action23\n(5) Specified criminal intelligence assessment action taken by the24\noperation of a computer program under an arrangement under25\nsubsection (1) is treated, for all purposes, as specified criminal26\nintelligence assessment action taken by the ACIC.27\nSubstituting specified criminal intelligence assessment action28\n(6) The ACIC may take specified criminal intelligence assessment29\naction, or make a criminal intelligence assessment under30\n\nDivision 3 Automation of specified criminal intelligence assessment action\n","sortOrder":210},{"sectionNumber":"222","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"222 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nsubsection 211(1), (the substituted action) in substitution for1\nspecified criminal intelligence assessment action the ACIC is2\ntreated as having taken under subsection (5) of this section if the3\nACIC is satisfied that the specified criminal intelligence4\nassessment action taken by the operation of the computer program5\nis not the correct or preferable action.6\n(7) The substituted action takes effect on:7\n(a) if the ACIC specifies the day on which the substituted action8\ntakes effect—that specified day; or9\n(b) otherwise—the day of the specified criminal intelligence10\nassessment action taken by the operation of the computer11\nprogram.12\n(8) The day specified under paragraph (7)(a) may be earlier than the13\nday the substituted action is taken but not earlier than the day of14\nthe specified criminal intelligence assessment action taken by the15\noperation of the computer program.16\nACIC may still take specified criminal intelligence assessment17\naction18\n(9) An arrangement under subsection (1) does not prevent the ACIC19\nfrom taking specified criminal intelligence assessment action.20\nArrangement not a legislative instrument21\n(10) An arrangement under subsection (1) is not a legislative22\ninstrument.23\n216 Oversight and safeguards for automation of specified criminal24\nintelligence assessment action25\n(1) The Director-General must take all reasonable steps to ensure that26\nspecified criminal intelligence assessment action taken by the27\noperation of a computer program under an arrangement under28\nsubsection 215(1) is specified criminal intelligence assessment29\naction that the ACIC could validly take under section 211 or 212.30\n\nAutomation of specified criminal intelligence assessment action Division 3\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 223\n(2) Without limiting subsection (1), the Director-General must do the1\nthings (if any) prescribed by the rules for the purposes of this2\nsubsection.3\nNote: Specified criminal intelligence assessment action may still be invalid4\neven if subsections (1) and (2) are complied with.5\n(3) A failure to comply with subsection (1) or (2) does not affect the6\nvalidity of the specified criminal intelligence assessment action7\ntaken by the operation of a computer program under an8\narrangement under subsection 215(1).9\n\nDivision 4 Review of adverse criminal intelligence assessments\n224 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 4—Review of adverse criminal intelligence1\nassessments2\n217 Applications to Tribunal3\n(1) An application may be made to the Tribunal for review of a4\ndecision of the ACIC under section 211 to make an adverse5\ncriminal intelligence assessment.6\nNote 1: Section 18 of the ART Act generally requires an application for7\nreview of a decision to be made within the period prescribed by rules8\nmade under that Act.9\nNote 2: See also subsections (4) and (5) (about an exception to subsection (1)).10\n(2) An application under subsection (1) may be made by the person in11\nrespect of whom the assessment was made and who has been given12\nnotice of the assessment under section 213.13\nInteraction with the ART Act14\n(3) Subsection (2) has effect despite subsection 17(1) of the ART Act15\n(about who can apply for review).16\nException17\n(4) Subsection (1) does not apply if the adverse criminal intelligence18\nassessment was in relation to any of the following decisions under19\na law of a State or Territory:20\n(a) a decision about whether to issue a firearms licence or21\notherwise relating to the issue of such a licence (including in22\nrelation to conditions);23\n(b) a decision about whether to renew, revoke, vary or suspend a24\nlicence mentioned in paragraph (a).25\n(5) Despite subsection (4), subsection (1) does apply in the26\ncircumstances prescribed by the rules for the purposes of this27\nsubsection.28\n\nReview of adverse criminal intelligence assessments Division 4\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 225\n218 Restriction on further assessments after review1\nIf the Tribunal has made findings upon a review of an adverse2\ncriminal intelligence assessment, the ACIC must not make a3\nfurther criminal intelligence assessment in respect of the person4\nconcerned that is not in accordance with those findings except on5\nthe basis of matters occurring after the review or of evidence that6\nwas not available at the time of the review.7\n","sortOrder":211},{"sectionNumber":"219","sectionType":"section","heading":"Costs8","content":"219 Costs8\n(1) The Tribunal may order that costs reasonably incurred by an9\napplicant under section 217 in connection with the application, or10\nany part of those costs that is determined by the Tribunal, be paid11\nby the Commonwealth if:12\n(a) the applicant was, in the opinion of the Tribunal, successful,13\nor substantially successful, in the application for review; and14\n(b) the Tribunal is satisfied that it is appropriate to make the15\norder in all the circumstances of the case.16\nInteraction with ART Act17\n(2) For the purposes of section 115 of the ART Act (about taxing18\ncosts), the Commonwealth is taken to be a party to the proceeding19\nreferred to in subsection (1) of this section.20\n\n226 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nPart 8—Communication of information etc.1\n220 Simplified outline of this Part3\nThe Director-General, ACIC staff members and examiners are4\nauthorised to communicate or make a record of ACIC information,5\nor deal with ACIC records, in certain circumstances.6\nThe Director-General may make directions relating to such7\ncommunications, recordings and dealings by the ACIC.8\nThere are offences for the unauthorised communication or9\nrecording of ACIC information, or dealing with ACIC records, by10\nentrusted persons.11\nACIC may use or make available returnable items, which are items12\nobtained by the ACIC through the exercise of compulsory powers.13\nLimits apply on the use of returnable items shared by the ACIC.14\nReturnable items must generally be returned to the person who15\nproduced the item, or from whom the item was seized, when they16\nare no longer required for a purpose authorised by this Part.17\nThis Part also deals with the non-compellability of the18\nDirector-General, ACIC staff members and examiners, and19\nprotection from civil liability for giving information to the ACIC in20\ncertain circumstances.21\n\nAuthorised communication of ACIC information etc. Division 2\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 227\nDivision 2—Authorised communication of ACIC1\ninformation etc.2\n","sortOrder":212},{"sectionNumber":"221","sectionType":"section","heading":"Authorised communications, recordings and dealings3","content":"221 Authorised communications, recordings and dealings3\nAuthorisation—functions or powers conferred on the ACIC4\n(1) The Director-General or an ACIC staff member may communicate5\nor make a record of ACIC information, or deal with an ACIC6\nrecord, in the course of performing a function or duty or exercising7\na power under:8\n(a) this Act or any other law of the Commonwealth; or9\n(b) a law of a State, the Australian Capital Territory or the10\nNorthern Territory that confers a duty, function or power on11\nthe ACIC, the Director-General or ACIC staff member.12\nNote 1: However, see subsections (5), (6) and (8) for when this subsection13\ndoes not apply.14\nNote 2: For the definitions of ACIC information, ACIC record and deal with,15\nsee section 7.16\nAuthorisation—functions or powers of other bodies17\n(2) The Director-General or an ACIC staff member may, in relation to18\nan agency or body mentioned in subsection (3):19\n(a) communicate ACIC information to the agency or body; or20\n(b) make a record of ACIC information; or21\n(c) deal with an ACIC record;22\nif the communication, recording or dealing relates, or appears to23\nrelate, to the proper performance of a function, duty or activity, or24\nthe exercise of a power, of the agency or body.25\nNote 1: However, see subsections (5), (6), (7) and (8) for when this subsection26\ndoes not apply.27\nNote 2: For the definitions of ACIC information, ACIC record and deal with,28\nsee section 7.29\n(3) For the purposes of subsection (2), the agencies and bodies are the30\nfollowing:31\n\nDivision 2 Authorised communication of ACIC information etc.\n","sortOrder":213},{"sectionNumber":"228","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"228 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(a) an intelligence or security agency;1\n(b) a law enforcement agency;2\n(c) another Commonwealth body;3\n(d) a Department of State, or a Department of the Public Service,4\nof a State or Territory;5\n(e) a body (whether incorporated or not) established, or6\ncontinued in existence, for a public purpose by or under a law7\nof a State or Territory;8\n(f) a body corporate in which a State or Territory, or a body9\nreferred to in paragraph (e) has a controlling interest;10\n(g) an authority of another country;11\n(h) an international body prescribed by the rules for the purposes12\nof this paragraph.13\nNote: For the definition of Commonwealth body, see section 7.14\nAuthorisation—examiners15\n(4) An examiner may communicate or make a record of ACIC16\ninformation, or deal with an ACIC record, for the purpose of17\nperforming a function or duty or exercising a power as an18\nexaminer.19\nNote 1: However, see subsections (5) and (8) for when this subsection does20\nnot apply.21\nNote 2: For the definitions of ACIC information, ACIC record and deal with,22\nsee section 7.23\nLimitation—communications, recordings and dealings must24\ncomply with other laws etc.25\n(5) Subsections (1), (2) and (4) do not apply if the communication,26\nrecording or dealing would be contrary to:27\n(a) another provision of this Act; or28\n(b) any other law of the Commonwealth, or of a State or29\nTerritory; or30\n(c) a direction made by an examiner or the Director-General31\nunder subsection 110(1) (which is about the use or disclosure32\nof compelled material).33\n\nAuthorised communication of ACIC information etc. Division 2\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 229\nLimitation—communications, recordings and dealings must1\ncomply with directions and arrangements2\n(6) Subsections (1) and (2) do not apply unless the communication,3\nrecording or dealing complies with:4\n(a) in the case of a communication, recording or dealing by an5\nACIC staff member—any directions given by the6\nDirector-General under section 222; and7\n(b) in the case of a communication, recording or dealing by the8\nDirector-General—any directions given by the Minister9\nunder section 37 or any other provision of this Act; and10\n(c) in any case—any arrangements made or directions given in11\naccordance with paragraph 29(2)(a).12\nLimitation—communications to agencies and bodies must be13\nappropriate14\n(7) Subsection (2) does not apply in relation to a communication to an15\nagency, body or person unless the Director-General or ACIC staff16\nmember is satisfied that it is appropriate to make the17\ncommunication, having regard to all of the following:18\n(a) whether the information is confidential or commercially19\nsensitive;20\n(b) whether the information is personal information about an21\nindividual and the communication is without the individual’s22\nconsent;23\n(c) whether the communication of the information could24\nendanger an individual’s life or physical safety;25\n(d) whether the communication of the information would26\nprejudice the fair trial of any person or the impartial27\nadjudication of a matter;28\n(e) whether the information is national security information29\n(within the meaning of the National Security Information30\n(Criminal and Civil Proceedings) Act 2004);31\n(f) any other matter the Director-General or ACIC staff member32\nconsiders relevant.33\n\nDivision 2 Authorised communication of ACIC information etc.\n","sortOrder":214},{"sectionNumber":"230","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"230 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nLimitation—returnable items1\n(8) Subsections (1), (2) and (4) do not apply in relation to an ACIC2\nrecord if the record is a returnable item.3\nNote: For the definition of returnable item, see section 232. See Division 44\nof Part 8 for provisions about dealing with returnable items.5\n222 Director-General may give directions6\n(1) The Director-General may, in writing, give directions in relation to7\ncommunicating or making a record of ACIC information, or8\ndealing with an ACIC record.9\n(2) However, subsection (1) does not apply in relation to an ACIC10\nrecord if the record is a returnable item.11\nNote: For the definition of returnable item, see section 232. See Division 412\nof Part 8 for provisions about dealing with returnable items.13\n(3) A direction under subsection (1) is not a legislative instrument.14\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 231\nDivision 3—Unauthorised communication of ACIC1\ninformation etc.2\n","sortOrder":215},{"sectionNumber":"223","sectionType":"section","heading":"Offence—unauthorised communication of ACIC information3","content":"223 Offence—unauthorised communication of ACIC information3\n(a) the person is, or has been, an entrusted person; and5\n(b) the person communicates information; and6\n(c) the information is ACIC information; and7\n(d) the ACIC information has come to the knowledge or into the8\npossession of the person by reason of the person being, or9\nhaving been, an entrusted person.10\nNote 1: For exceptions, see section 226.11\nNote 2: For the definitions of ACIC information and entrusted person, see12\nsection 7.13\nPenalty: Imprisonment for 10 years or 600 penalty units, or both.14\n(2) Strict liability applies to paragraph (1)(a).15\nNote: For strict liability, see section 6.1 of the Criminal Code.16\nExtended geographical jurisdiction17\n(3) Section 15.4 of the Criminal Code (extended geographical18\njurisdiction—category D) applies to an offence against19\nsubsection (1).20\n(4) Subsection (3) does not, by implication, affect the interpretation of21\nany other provision of this Act.22\n","sortOrder":216},{"sectionNumber":"224","sectionType":"section","heading":"Offence—unauthorised dealing with ACIC records23","content":"224 Offence—unauthorised dealing with ACIC records23\n(1) A person commits an offence if:24\n(a) the person is, or has been, an entrusted person; and25\n(b) the person deals with a record; and26\n(c) the record is an ACIC record; and27\n\n","sortOrder":217},{"sectionNumber":"232","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"232 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(d) the person has obtained the ACIC record by reason of the1\nperson being, or having been, an entrusted person.2\nNote 1: For exceptions, see section 226.3\nNote 2: For the definitions of ACIC record, deal with and entrusted person,4\nsee section 7.5\nPenalty: Imprisonment for 3 years or 180 penalty units, or both.6\n(2) Strict liability applies to paragraph (1)(a).7\nExtended geographical jurisdiction9\n(3) Section 15.4 of the Criminal Code (extended geographical10\njurisdiction—category D) applies to an offence against11\nsubsection (1).12\n(4) Subsection (3) does not, by implication, affect the interpretation of13\nany other provision of this Act.14\nAlternative verdict15\n(5) In a prosecution for an offence against subsection (1), the trier of16\nfact may find the defendant not guilty of that offence but guilty of17\nan offence against subsection 225(1) if:18\n(a) the trier of fact:19\n(i) is not satisfied that the defendant is guilty of the offence20\nagainst subsection (1); but21\n(ii) is satisfied beyond reasonable doubt that the defendant22\nis guilty of the offence against subsection 225(1); and23\n(b) the defendant has been accorded procedural fairness in24\nrelation to that finding of guilt.25\n","sortOrder":218},{"sectionNumber":"225","sectionType":"section","heading":"Offence—unauthorised recording of ACIC information26","content":"225 Offence—unauthorised recording of ACIC information26\n(1) A person commits an offence if:27\n(a) the person is, or has been, an entrusted person; and28\n(b) the person makes a record; and29\n(c) the record is of ACIC information; and30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 233\n(d) the ACIC information has come to the knowledge or into the1\npossession of the person by reason of the person being, or2\nhaving been, an entrusted person.3\nNote 1: For exceptions, see section 226.4\nNote 2: For the definitions of ACIC information, entrusted person and5\nrecord, see section 7.6\nPenalty: Imprisonment for 3 years or 180 penalty units, or both.7\n(2) Strict liability applies to paragraph (1)(a).8\nNote: For strict liability, see section 6.1 of the Criminal Code.9\nExtended geographical jurisdiction10\n(3) Section 15.4 of the Criminal Code (extended geographical11\njurisdiction—category D) applies to an offence against12\nsubsection (1).13\n(4) Subsection (3) does not, by implication, affect the interpretation of14\nany other provision of this Act.15\nAlternative verdict16\n(5) In a prosecution for an offence against subsection (1), the trier of17\nfact may find the defendant not guilty of that offence but guilty of18\nan offence against subsection 224(1) if:19\n(a) the trier of fact:20\n(i) is not satisfied that the defendant is guilty of the offence21\nagainst subsection (1); but22\n(ii) is satisfied beyond reasonable doubt that the defendant23\nis guilty of the offence against subsection 224(1); and24\n(b) the defendant has been accorded procedural fairness in25\nrelation to that finding of guilt.26\n","sortOrder":219},{"sectionNumber":"226","sectionType":"section","heading":"Exceptions27","content":"226 Exceptions27\nSubsections 223(1), 224(1) and 225(1) do not apply if the28\ncommunication, or the dealing with or making of the record, is:29\n(a) authorised or required by Division 2 of this Part or another30\nprovision of this Act; or31\n\n","sortOrder":220},{"sectionNumber":"234","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"234 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(b) in relation to information or a record that has already been1\ncommunicated to the public with the authority of the2\nCommonwealth; or3\n(c) in accordance with a contract, agreement or arrangement with4\nthe ACIC; or5\n(d) in accordance with the approval of the Director-General or an6\nACIC staff member having the authority of the7\nDirector-General to give such an approval; or8\n(e) by an IGIS official in connection with the IGIS official9\nexercising powers, or performing functions or duties, as an10\nIGIS official; or11\n(f) made to, or relates to information communicated to, an IGIS12\nofficial for the purpose of the IGIS official exercising a13\npower, or performing a function or duty, as an IGIS official;14\nor15\n(g) made as a NACC disclosure, or relates to the making of a16\nNACC disclosure, within the meaning of the National17\nAnti-Corruption Commission Act 2022; or18\n(h) by a staff member of the NACC (within the meaning of the19\nNational Anti-Corruption Commission Act 2022) in20\nconnection with the staff member exercising powers, or21\nperforming functions or duties, as a staff member of the22\nNACC; or23\n(i) by the Inspector of the National Anti-Corruption24\nCommission in connection with the Inspector exercising25\npowers, or performing functions or duties, as the Inspector of26\nthe National Anti-Corruption Commission; or27\n(j) made to, or relates to information communicated to, a28\nmember of the Parliamentary Joint Committee on29\nIntelligence and Security for the purpose of the member30\nexercising a power, or performing a function or duty, as a31\nmember of the Parliamentary Joint Committee on32\nIntelligence and Security.33\nNote: A defendant bears an evidential burden in relation to a matter in this34\nsection (see subsection 13.3(3) of the Criminal Code).35\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 235\n","sortOrder":221},{"sectionNumber":"227","sectionType":"section","heading":"Prosecution of offences1","content":"227 Prosecution of offences1\n(1) A prosecution under this Division may be instituted only by or2\nwith the consent of:3\n(a) the Attorney-General; or4\n(b) a person acting under the Attorney-General’s direction.5\n(2) However:6\n(a) a person charged with an offence against this Division may7\nbe arrested, or a warrant for the person’s arrest may be issued8\nand executed; and9\n(b) such a person may be remanded in custody or on bail;10\neven if the consent of the Attorney-General or a person acting11\nunder the Attorney-General’s direction has not been obtained, but12\nno further proceedings are to be taken until that consent has been13\nobtained.14\n(3) Nothing in subsection (1) or (2) prevents the discharging of the15\naccused if proceedings are not continued within a reasonable time.16\n228 Immunity for persons giving information etc. to the ACIC17\nAssistance provided in accordance with a request by the18\nDirector-General19\n(1) If:20\n(a) the Director-General requests a person or body to:21\n(i) give information to the ACIC; or22\n(ii) produce a document to the ACIC; and23\n(b) the Director-General is satisfied, on reasonable grounds, that24\nthe giving of the information or the production of the25\ndocument is likely to assist the ACIC in the performance of26\nits functions; and27\n(c) the person or body gives the information or produces the28\ndocument in accordance with the request; and29\n(d) the giving of the information or production of the document30\ndoes not involve the person or body committing an offence31\nagainst a law of the Commonwealth, a State or a Territory;32\nand33\n\n","sortOrder":222},{"sectionNumber":"236","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"236 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(e) the giving of the information or production of the document1\ndoes not result in significant loss of, or serious damage to,2\nproperty;3\nthe person or body is not subject to any civil liability for, or in4\nrelation to, the giving of the information or the production of the5\ndocument.6\n(2) A request under paragraph (1)(a) may be made orally if the7\nDirector-General is satisfied that the request should be made as a8\nmatter of urgency.9\n(3) If subsection (2) does not apply to a request under paragraph (1)(a),10\nthe request must be made in writing.11\n(4) If a request under paragraph (1)(a) is made orally, the12\nDirector-General must:13\n(a) make a written record of the request; and14\n(b) do so within 48 hours after the request was made.15\n(5) If a request is made under paragraph (1)(a), the Director-General16\nmust, before the end of the period of 7 days beginning after the day17\nthe request is made, notify the Inspector-General of Intelligence18\nand Security that the request has been made.19\n(6) The Director-General may enter into a contract, agreement or20\narrangement with a person or body in relation to giving21\ninformation or producing a document in accordance with a request22\nunder paragraph (1)(a).23\nUnsolicited disclosure of information etc.24\n(7) If:25\n(a) a person or body:26\n(i) gives information to the ACIC; or27\n(ii) produces a document to the ACIC; and28\n(b) the person reasonably believes that the giving of the29\ninformation or the production of the document is likely to30\nassist the ACIC in the performance of its functions; and31\n(c) the giving of the information or production of the document32\ndoes not involve the person or body committing an offence33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 237\nagainst a law of the Commonwealth, a State or a Territory;1\nand2\n(d) the giving of the information or production of the document3\ndoes not result in significant loss of, or serious damage to,4\nproperty; and5\n(e) subsection (1) does not apply to the giving of the information6\nor production of the document;7\nthe person or body is not subject to any civil liability for, or in8\nrelation to, the giving of the information or the production of the9\ndocument.10\nCopies of, or extracts from, documents11\n(8) The ACIC may make and retain copies of, or take and retain12\nextracts from, a document given or produced to the ACIC:13\n(a) in accordance with a request under paragraph (1)(a); or14\n(b) under paragraph (7)(a).15\nSubsections (1) and (7) have effect despite other laws16\n(9) Subsections (1) and (7) have effect despite anything in a law of the17\nCommonwealth, a State or a Territory (whether passed or made18\nbefore or after the commencement of this section) unless the law19\nexpressly provides otherwise.20\n","sortOrder":223},{"sectionNumber":"229","sectionType":"section","heading":"Evidentiary certificates etc.21","content":"229 Evidentiary certificates etc.21\nDirector-General may give evidentiary certificates22\n(1) The Director-General may give a certificate in writing certifying23\none or more facts relevant to the question of whether the24\nDirector-General was satisfied, on reasonable grounds, that25\nparticular information given, or particular documents produced,26\nwere likely to assist the ACIC in the performance of its functions.27\n(2) In any proceedings that involve determining whether28\nsubsection 228(1) or (7) applies to particular information given or29\nparticular documents produced, a certificate given under30\nsubsection (1) is prima facie evidence of the facts certified.31\n\n","sortOrder":224},{"sectionNumber":"238","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"238 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nEvidential burden1\n(3) A person who wishes to rely on subsection 228(1) or (7) bears an2\nevidential burden in relation to that matter.3\n230 Compensation for acquisition of property4\n(1) If the operation of section 228 would result in an acquisition of5\nproperty (within the meaning of paragraph 51(xxxi) of the6\nConstitution) from a person otherwise than on just terms (within7\nthe meaning of that paragraph), the Commonwealth is liable to pay8\na reasonable amount of compensation to the person.9\n(2) If the Commonwealth and the person do not agree on the amount10\nof the compensation, the person may institute proceedings in the11\nFederal Court for the recovery from the Commonwealth of such12\nreasonable amount of compensation as the court determines.13\n","sortOrder":225},{"sectionNumber":"231","sectionType":"section","heading":"Production of information and documents to courts etc.14","content":"231 Production of information and documents to courts etc.14\n(1) Subsection (2) applies if a person is or has been any of the15\nfollowing:16\n(a) the Director-General;17\n(b) an examiner;18\n(c) an ACIC staff member.19\n(2) The person must not be required to produce or disclose to a court,20\ntribunal, authority or other person that has the power to require the21\nproduction of documents:22\n(a) ACIC information; or23\n(b) an ACIC record;24\nthat has come to the knowledge or into the possession of the person25\nby reason of the person being, or having been, the26\nDirector-General, an examiner, or an ACIC staff member (as the27\ncase may be).28\nNote: For the definitions of ACIC information and ACIC record, see29\nsection 7.30\n(3) However, subsection (2) does not apply:31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 239\n(a) if the ACIC, or any of the following in the person’s official1\ncapacity, is a party to the relevant proceedings:2\n(i) the Director-General;3\n(ii) a person acting as the Director-General;4\n(iii) an examiner; or5\n(b) to the extent that the production or disclosure is necessary for6\nthe purposes of a provision of any of the following:7\n(i) this Act or an instrument made under this Act;8\n(ii) a law of a State, the Australian Capital Territory or the9\nNorthern Territory that confers duties, functions or10\npowers on the ACIC, the Director-General or an ACIC11\nstaff member;12\n(iii) the National Anti-Corruption Commission Act 2022 or13\nregulations under that Act;14\n(iv) the Inspector-General of Intelligence and Security Act15\n1986, or any other Act, or instrument made under an16\nAct, that confers functions, duties or powers on the17\nInspector-General of Intelligence and Security;18\n(v) the Parliamentary Joint Committee on Law19\nEnforcement Act 2010;20\n(vi) Schedule 1 to the Intelligence Services Act 2001;21\n(vii) any other law of the Commonwealth, a State, the22\nAustralian Capital Territory or the Northern Territory23\nprescribed by the rules for the purposes of this24\nsubparagraph; or25\n(c) to the extent that the production or disclosure is necessary for26\nthe purposes of a prosecution instituted as a result of ACIC27\ninformation communicated, or an ACIC record provided, by28\nthe ACIC.29\n(4) In this section:30\nproduce includes permit access to.31\n\n240 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 4—Dealing with returnable items1\n232 Meaning of returnable item2\n(1) A returnable item is:3\n(a) a search warrant item; or4\n(b) a produced item.5\n(2) However, a document that is a search warrant item or a produced6\nitem is not a returnable item unless it is a physical document and7\neither:8\n(a) it is an original document; or9\n(b) it is a copy of a document and, at the time it is seized or10\nproduced, there are reasonable grounds to believe that it is11\nthe only form of the document in existence.12\n","sortOrder":226},{"sectionNumber":"233","sectionType":"section","heading":"Use of and sharing returnable items—produced items13","content":"233 Use of and sharing returnable items—produced items13\nScope14\n(1) This section applies to a returnable item that is a produced item.15\nUse etc. by ACIC staff members16\n(2) An ACIC staff member may do any of the following:17\n(a) use, or make available to another ACIC staff member for use,18\na returnable item for the purpose of the performance or19\nexercise of any of the ACIC’s functions or powers;20\n(b) make a returnable item available to the Director-General for21\nuse for the purpose of the performance or exercise of any of22\nthe ACIC’s functions or powers, or the Director-General’s23\nfunctions or powers under this Division;24\n(c) make a returnable item available to an examiner for use for25\nthe purpose of the performance or exercise of any of the26\nexaminer’s functions or powers.27\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 241\nUse etc. by examiners1\n(3) An examiner may do any of the following:2\n(a) use, or make available to another examiner for use, a3\nreturnable item for the purpose of the performance or4\nexercise of any of the functions or powers of an examiner;5\n(b) make a returnable item available to the Director-General for6\nuse for the purpose of the performance or exercise of any of7\nthe ACIC’s functions or powers, or any of the8\nDirector-General’s functions or powers under this Division;9\n(c) make a returnable item available to an ACIC staff member10\nfor use for the purpose of the performance or exercise of any11\nof the ACIC’s functions or powers.12\nUse etc. by Director-General13\n(4) The Director-General may do any of the following:14\n(a) use a returnable item for the purpose of the performance or15\nexercise of any of the Director-General’s functions or powers16\nunder this Division;17\n(b) make a returnable item available to an ACIC staff member18\nfor use for the purpose of the performance or exercise of any19\nof the ACIC’s functions or powers;20\n(c) make a returnable item available to an examiner for use for21\nthe purpose of the performance or exercise of any of the22\nexaminer’s functions or powers.23\nUse by persons who are not ACIC staff members24\n(5) The Director-General may make a returnable item available to a25\nconstable or Commonwealth officer (who is not an ACIC staff26\nmember) to use for any of the following purposes if it is necessary27\nto do so for that purpose:28\n(a) the performance or exercise of any of the ACIC’s functions29\nor powers;30\n(b) the performance of any of the functions of an intelligence or31\nsecurity agency;32\n(c) a purpose referred to in subsection 3ZQU(1) of the Crimes33\nAct 1914;34\n\n","sortOrder":227},{"sectionNumber":"242","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"242 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(d) conducting an inquiry (including a preliminary inquiry) or1\ninspection under the Inspector-General of Intelligence and2\nSecurity Act 1986.3\n(6) A constable or Commonwealth officer (who is not an ACIC staff4\nmember) may use a returnable item for any of the purposes5\nreferred to in subsection (5) if it is necessary to do so for that6\npurpose.7\nUse for State or Territory purposes8\n(7) The Director-General may make a returnable item available to a9\nconstable or Commonwealth officer (including an ACIC staff10\nmember) to use for any purpose for which the making available of11\nthe item is required or authorised by a law of a State or Territory.12\n(8) A constable or Commonwealth officer may use a returnable item13\nfor any use that is required or authorised by or under a law of a14\nState or a Territory.15\nUse by State, Territory or foreign agencies16\n(9) The Director-General may make a returnable item available to any17\nof the following agencies to be used by that agency for any of the18\npurposes mentioned in subsection (10) (but not for any other19\npurposes):20\n(a) a State or Territory law enforcement agency;21\n(b) an agency that has responsibility for law enforcement in22\nanother country;23\n(c) an agency that has responsibility for intelligence gathering24\nfor another country;25\n(d) an agency that has responsibility for the security of another26\ncountry.27\n(10) The purposes are as follows:28\n(a) a purpose mentioned in any of subsections (5), (7) or (8);29\n(b) preventing, investigating or prosecuting an offence against a30\nlaw of a State or Territory;31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 243\n(c) proceedings under a corresponding law (within the meaning1\nof the Proceeds of Crime Act 1987 or the Proceeds of Crime2\nAct 2002);3\n(d) proceedings for the forfeiture of the item under a law of a4\nState or Territory;5\n(e) deciding whether to institute proceedings or to take any other6\naction mentioned in any of:7\n(i) paragraphs 3ZQU(1)(a) to (l) of the Crimes Act 1914; or8\n(ii) subsection (7) or (8) of this section; or9\n(iii) paragraph (b), (c) or (d) of this subsection.10\n(11) An agency mentioned in subsection (9) may use a returnable item11\nfor any of the purposes referred to in subsection (10) if it is12\nnecessary to do so for that purpose.13\n234 Use of and sharing returnable items—search warrant items—14\ngeneral15\nScope16\n(1) This section applies to a returnable item that is a search warrant17\nitem.18\nNote: For search warrant items seized due to presenting a danger to a19\nperson, see also section 235.20\nUse etc. by ACIC staff members21\n(2) An ACIC staff member may do any of the following:22\n(a) use, or make available to another ACIC staff member for use,23\na returnable item for the purpose of the performance or24\nexercise of any of the ACIC’s functions or powers;25\n(b) make a returnable item available to the Director-General for26\nuse for the purpose of the performance or exercise of any of27\nthe ACIC’s functions or powers, or of the Director-General’s28\nfunctions or powers under this Division;29\n(c) make a returnable item available to an examiner for use for30\nthe purpose of the performance or exercise of any of the31\nexaminer’s functions or powers.32\n\n","sortOrder":228},{"sectionNumber":"244","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"244 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nUse etc. by examiners1\n(3) An examiner may use, or make available to another examiner for2\nuse, a returnable item for the purpose of the performance or3\nexercise of any of the functions or powers of an examiner.4\nUse etc. by Director-General5\n(4) The Director-General may do any of the following:6\n(a) use a returnable item for the purpose of the performance or7\nexercise of any of the Director-General’s functions or powers8\nunder this Division;9\n(b) make a returnable item available to an ACIC staff member10\nfor use for the purpose of the performance or exercise of any11\nof the ACIC’s functions or powers;12\n(c) make a returnable item available to an examiner for use for13\nthe purpose of the performance or exercise of any of the14\nexaminer’s functions or powers.15\nUse by persons who are not ACIC staff members16\n(5) The Director-General may make a returnable item available to a17\nconstable or Commonwealth officer (who is not an ACIC staff18\nmember) to use for any of the following purposes if it is necessary19\nto do so for that purpose:20\n(a) the performance or exercise of any of the ACIC’s functions21\nor powers;22\n(b) conducting an inquiry (including a preliminary inquiry) or23\ninspection under the Inspector-General of Intelligence and24\nSecurity Act 1986.25\n(6) A constable or Commonwealth officer (who is not an ACIC staff26\nmember) may use a returnable item for any of the purposes27\nreferred to in subsection (5) if it is necessary to do so for that28\npurpose.29\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 245\n","sortOrder":229},{"sectionNumber":"235","sectionType":"section","heading":"Use of and sharing returnable items—search warrant items that1","content":"235 Use of and sharing returnable items—search warrant items that1\npresent a danger to a person2\n(1) This section applies to a returnable item that is a search warrant3\nitem mentioned in paragraph 158(1)(h) or 162(1)(e), which is about4\nthings that present a danger to a person.5\nUse by constables and Commonwealth officers who are not ACIC6\nstaff members7\n(2) The Director-General may make a returnable item available to a8\nconstable or Commonwealth officer (who is not an ACIC staff9\nmember) to use for a purpose referred to in subsection 3ZQU(1) of10\nthe Crimes Act 1914, if it is necessary to do so for that purpose.11\n(3) A constable or Commonwealth officer (who is not an ACIC staff12\nmember) may use a returnable item for a purpose referred to in13\nsubsection (2) if it is necessary to do so for that purpose.14\nUse for State or Territory purposes15\n(4) The Director-General may make a returnable item available to a16\nconstable or Commonwealth officer (including an ACIC staff17\nmember) to use for any purpose for which the making available of18\nthe item is required or authorised by a law of a State or Territory.19\n(5) A constable or Commonwealth officer may use a returnable item20\nfor any use that is required or authorised by or under a law of a21\nState or a Territory.22\nUse by State or Territory law enforcement agency23\n(6) The Director-General may make a returnable item available to a24\nState or Territory law enforcement agency to use for any of the25\nfollowing purposes, if it is necessary to do so for that purpose:26\n(a) a purpose referred to in subsection (2), (4) or (5) of this27\nsection;28\n(b) preventing, investigating or prosecuting an offence against a29\nlaw of a State or Territory.30\n\n","sortOrder":230},{"sectionNumber":"246","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"246 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(7) A State or Territory law enforcement agency may use a returnable1\nitem for a purpose referred to in subsection (6) if it is necessary to2\ndo so for that purpose.3\n236 When returnable items must be returned—general4\n(1) If the Director-General is satisfied that a returnable item is not5\nrequired (or is no longer required) for a purpose in accordance with6\nsection 233, 234 or 235, or for other judicial or administrative7\nreview proceedings, the Director-General must cause reasonable8\nsteps to be taken to:9\n(a) if the returnable item is a produced item:10\n(i) return the item to the person who produced the item; or11\n(ii) if the person mentioned in subparagraph (i) is not12\nentitled to possess the item—return the item to the13\nowner of the item; or14\n(b) if the returnable item was seized during the execution of a15\nperson search warrant, or an ordinary search or a frisk search16\nof a person that is authorised by a premises search warrant:17\n(i) return the item to the person from whom the item was18\nseized; or19\n(ii) if the person mentioned in subparagraph (i) is not20\nentitled to possess the item—return the item to the21\nowner of the item; or22\n(c) if the returnable item was seized during the execution of a23\npremises search warrant, and paragraph (b) does not apply to24\nthe item—return the item to the owner of the item.25\n(2) Despite subsection (1), the Director-General does not have to cause26\nthose steps to be taken if:27\n(a) either:28\n(i) the returnable item may be retained because of an order29\nunder subsection 238(2), or any other order under that30\nsubsection or subsection 238(4) has been made in31\nrelation to the item; or32\n(ii) the Director-General has applied for an order under33\neither of those subsections and the application has not34\nbeen determined; or35\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 247\n(b) the returnable item may otherwise be retained, destroyed or1\ndisposed of under a law, or an order of a court or tribunal, of2\nthe Commonwealth or of a State or a Territory; or3\n(c) the returnable item is forfeited or forfeitable to the4\nCommonwealth or is the subject of a dispute as to ownership;5\nor6\n(d) the returnable item:7\n(i) is a search warrant item seized under a premises search8\nwarrant; and9\n(ii) is returned to premises under that warrant.10\n(3) Despite subsection (1), the Director-General does not have to cause11\nthose steps to be taken in relation to a search warrant item seized12\nunder a premises search warrant if:13\n(a) the search warrant authorises concealment of the fact that any14\nthing has been done under the warrant (as mentioned in15\nparagraph 158(1)(j)); and16\n(b) the Director-General is satisfied that it is necessary to retain17\nthe item to conceal the fact that any thing authorised by the18\nsearch warrant has been done; and19\n(c) the Director-General reasonably believes that such20\nconcealment will assist the ACIC in the performance of its21\nfunctions.22\n(4) If subsection (3) applies to a search warrant item, the23\nDirector-General must, at least once in each period of 3 months24\ncommencing on the day the search warrant item is seized, consider25\nwhether subsection (3) continues to apply to the item.26\n","sortOrder":231},{"sectionNumber":"237","sectionType":"section","heading":"Examiner may direct that returnable items be returned during27","content":"237 Examiner may direct that returnable items be returned during27\nan examination28\n(1) This section applies if an examiner conducting an examination is29\nsatisfied that a returnable item produced by a person during the30\nexamination:31\n(a) is not required (or is no longer required) for the purpose of32\nthe performance of the ACIC’s functions under paragraph33\n24(a); or34\n\n","sortOrder":232},{"sectionNumber":"248","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"248 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(b) will no longer be so required once certain conditions (the1\nreturn conditions) have been met.2\n(2) The examiner may, at or before the time the person is excused or3\nreleased from further attendance at the examination, direct (either4\norally or in writing) that the item be returned to:5\n(a) the person; or6\n(b) the owner, if the person is not entitled to possess it.7\n(3) The direction may specify that the return of the item is subject to8\nthe return conditions being met.9\n(4) ACIC staff members, or any person who has been present at the10\nexamination and is in possession of the item, must comply with the11\ndirection.12\n(5) The examiner or the Director-General may vary or revoke the13\ndirection at any time before the item is returned to the person or14\nowner mentioned in subsection (2).15\n(6) A variation or revocation under subsection (5):16\n(a) if made by the examiner while the person who produced the17\nitem is in attendance at the examination—may be made18\norally or in writing; or19\n(b) in any other case—must be made in writing.20\n(7) None of the following (if in writing) is a legislative instrument:21\n(a) a direction under subsection (2);22\n(b) a variation or revocation under subsection (5).23\n238 Issuing officer may permit a returnable item to be retained,24\nforfeited etc.25\nPreventing use in committing terrorist act, terrorism offence or26\nserious offence27\n(1) An issuing officer may make an order mentioned in subsection (2)28\nin relation to a returnable item if the issuing officer is satisfied that29\nthere are reasonable grounds to suspect that:30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 249\n(a) if the item is returned to a person under this Division, the1\nitem is likely to be used by that person or another person in2\nthe commission of:3\n(i) a terrorist act; or4\n(ii) a terrorism offence; or5\n(iii) a serious offence; or6\n(b) the item is illicit goods.7\n(2) The order may be any of the following:8\n(a) an order that the item may be retained for the period specified9\nin the order;10\n(b) an order that the item be forfeited to the Commonwealth;11\n(c) if the item is not a document—an order that:12\n(i) the item be sold and the proceeds be given to the owner13\nof the item; or14\n(ii) the item be sold in some other way;15\n(d) an order that the item be destroyed or otherwise disposed of.16\nOrder for return of item17\n(3) The issuing officer must order that the returnable item be returned18\nto the following person if the issuing officer is not satisfied as19\nmentioned in subsection (1):20\n(a) if the returnable item is a produced item:21\n(i) the person who produced the item; or22\n(ii) if the person mentioned in subparagraph (i) is not23\nentitled to possess the item—the owner of the item;24\n(b) if the returnable item was seized during the execution of a25\nperson search warrant, or an ordinary search or a frisk search26\nof a person that is authorised by a premises search warrant:27\n(i) the person from whom the item was seized; or28\n(ii) if the person mentioned in subparagraph (i) is not29\nentitled to possess the item—the owner of the item;30\n(c) if the returnable item was seized during the execution of a31\npremises search warrant, and paragraph (b) does not apply to32\nthe item—the owner of the item.33\n\n","sortOrder":233},{"sectionNumber":"250","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"250 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nOrder for destruction or disposal—reasonable steps to return item1\n(4) An issuing officer may make an order that the Director-General2\ncause a returnable item to be destroyed or otherwise disposed of if3\nthe issuing officer is satisfied that:4\n(a) reasonable steps have been taken to return the item to a5\nperson in accordance with this Division (including a previous6\norder under this section); and7\n(b) one or more of the following apply:8\n(i) the person has refused to take possession of the item;9\n(ii) the person is an individual who is not present in10\nAustralia and there are reasonable grounds to believe11\nthe person will not return to Australia;12\n(iii) the ACIC has been unable to identify or locate the13\nperson;14\n(iv) the person to whom the item would otherwise be15\nreturned is now deceased and the ACIC has been unable16\nto identify or locate a beneficiary entitled to the item17\ndespite having taken reasonable steps to do so.18\n(5) If the issuing officer is not satisfied as mentioned in subsection (4),19\nthe issuing officer must order that further steps be taken to return20\nthe item and, in doing so, may order that particular action is to be21\ntaken for that purpose.22\nOrders made on application by Director-General23\n(6) An order under this section may only be made on application by24\nthe Director-General.25\n(7) The Director-General may make an application in relation to a26\nreturnable item that the Director-General suspects is illicit goods27\nonly if the Director-General is satisfied that the item is not required28\n(or is no longer required) for a purpose in accordance with29\nsection 233, 234 or 235, or for other judicial or administrative30\nreview proceedings.31\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 251\nDirector-General to notify persons with an interest in returnable1\nitem2\n(8) Before making an application under this section in relation to a3\nreturnable item, the Director-General must:4\n(a) cause reasonable steps to be taken to discover who has an5\ninterest in the returnable item; and6\n(b) if it is practicable to do so, notify each person who the7\nDirector-General believes to have such an interest of the8\nproposed application.9\nPerson with interest may appear and be heard10\n(9) An issuing officer, in determining an application for an order under11\nthis section in relation to a returnable item, must allow a person12\nwho has an interest in the returnable item to appear and be heard.13\n","sortOrder":234},{"sectionNumber":"239","sectionType":"section","heading":"Issuing officer function conferred in personal capacity14","content":"239 Issuing officer function conferred in personal capacity14\n(1) A function of making an order under section 238 is conferred on an15\nissuing officer in a personal capacity and not as a court or a16\nmember of a court.17\n(2) An issuing officer performing a function of, or connected with,18\nmaking an order under section 238 has the same protection and19\nimmunity as if the issuing officer were performing that function as,20\nor as a member of, a court (being the court of which the issuing21\nofficer is a member).22\n","sortOrder":235},{"sectionNumber":"240","sectionType":"section","heading":"Ministerial arrangements for sharing23","content":"240 Ministerial arrangements for sharing23\nThis Division does not prevent the Minister from making an24\narrangement with a Minister of a State or Territory for the making25\navailable of returnable items to a State or Territory law26\nenforcement agency, for purposes mentioned in any one or more of27\nthe following provisions:28\n(a) subsection 233(5), (7) or (10);29\n(b) subsection 234(5);30\n(c) subsection 235(2), (4) or (6).31\n\n","sortOrder":236},{"sectionNumber":"252","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"252 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nNote: This section does not empower the Minister to make such an1\narrangement.2\n","sortOrder":237},{"sectionNumber":"241","sectionType":"section","heading":"Compelled material and derivative material3","content":"241 Compelled material and derivative material3\nThis Division has effect subject to:4\n(a) any relevant directions made under subsection 110(1); and5\n(b) the person making available, or using, the returnable item6\ncomplying with sections 118 to 124 to the extent that the7\nreturnable item is compelled material or derivative material.8\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 253\n","sortOrder":238},{"sectionNumber":"Part 9","sectionType":"part","heading":"Administrative provisions1","content":"Part 9—Administrative provisions1\n242 Simplified outline of this Part3\nThere is to be a Director-General of the Australian Criminal4\nIntelligence Commission. The Director-General is appointed by the5\nGovernor-General.6\nExaminers are also appointed by the Governor-General. An7\nexaminer must be a legal practitioner or former Judge.8\nThe staff of the ACIC must be persons engaged under the Public9\nService Act 1999. The Director-General may also engage10\nconsultants. Persons may be seconded to or from the ACIC.11\nThe Director-General may delegate certain functions or powers of12\nthe Director-General to senior position holders. The13\nDirector-General may also give directions to ACIC employees in14\nconnection with the administration and control of the ACIC.15\n\nDivision 2 Appointment etc. of Director-General\n254 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 2—Appointment etc. of Director-General1\n243 Appointment of Director-General2\n(1) The Director-General is to be appointed by the Governor-General3\nby written instrument.4\nNote: The Director-General may be reappointed: see section 33AA of the5\nActs Interpretation Act 1901.6\n(2) Before a recommendation is made to the Governor-General for the7\nappointment of a person as the Director-General, the Prime8\nMinister must consult with the Leader of the Opposition in the9\nHouse of Representatives.10\n(3) The Director-General holds office for the period specified in the11\ninstrument of appointment. The period must not exceed 5 years.12\n(4) The Director-General is to be appointed on a full-time basis.13\n244 Acting appointments14\nThe Minister may, by written instrument, appoint a person to act as15\nthe Director-General:16\n(a) during a vacancy in the office of Director-General (whether17\nor not an appointment has previously been made to the18\noffice); or19\n(b) during any period, or during all periods, when the20\nDirector-General is:21\n(i) absent from duty or from Australia; or22\n(ii) for any reason unable to perform the duties of the office.23\nNote: For rules that apply to acting appointments, see sections 33AB and24\n33A of the Acts Interpretation Act 1901.25\n","sortOrder":239},{"sectionNumber":"245","sectionType":"section","heading":"Remuneration26","content":"245 Remuneration26\n(1) The Director-General is to be paid the remuneration that is27\ndetermined by the Remuneration Tribunal. If no determination of28\nthat remuneration by the Tribunal is in operation, the29\n\nAppointment etc. of Director-General Division 2\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 255\nDirector-General is to be paid the remuneration that is prescribed1\nby the rules.2\n(2) The Director-General is to be paid the allowances that are3\nprescribed by the rules.4\n(3) This section has effect subject to the Remuneration Tribunal Act5\n1973.6\n246 Leave of absence7\n(1) The Director-General has the recreation leave entitlements that are8\ndetermined by the Remuneration Tribunal.9\n(2) The Minister may grant the Director-General leave of absence,10\nother than recreation leave, on the terms and conditions as to11\nremuneration or otherwise that the Minister determines in writing.12\n","sortOrder":240},{"sectionNumber":"247","sectionType":"section","heading":"Other paid work13","content":"247 Other paid work13\nThe Director-General must not engage in paid work outside the14\nduties of the Director-General’s office without the Minister’s15\napproval.16\n248 Other terms and conditions17\nThe Director-General holds office on the terms and conditions (if18\nany) in relation to matters not covered by this Act that are19\ndetermined by the Governor-General in writing.20\n","sortOrder":241},{"sectionNumber":"249","sectionType":"section","heading":"Resignation21","content":"249 Resignation21\n(1) The Director-General may resign the Director-General’s22\nappointment by giving the Governor-General a written resignation.23\n(2) The resignation takes effect on the day it is received by the24\nGovernor-General or, if a later day is specified in the resignation,25\non that later day.26\n\nDivision 2 Appointment etc. of Director-General\n256 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n250 Termination of appointment1\n(1) The Governor-General may terminate the appointment of the2\nDirector-General:3\n(a) for misbehaviour; or4\n(b) if the Director-General is unable to perform the duties of the5\nDirector-General’s office because of physical or mental6\nincapacity.7\n(2) The Governor-General may terminate the appointment of the8\nDirector-General if:9\n(a) the Director-General:10\n(i) becomes bankrupt; or11\n(ii) applies to take the benefit of any law for the relief of12\nbankrupt or insolvent debtors; or13\n(iii) compounds with the Director-General’s creditors; or14\n(iv) makes an assignment of the Director-General’s15\nremuneration for the benefit of the Director-General16\ncreditors; or17\n(b) the Director-General is absent, except on leave of absence,18\nfor 14 consecutive days or for 28 days in any 12 months; or19\n(c) the Director-General engages, except with the Minister’s20\napproval, in paid work outside the duties of the21\nDirector-General’s office (see section 247); or22\n(d) the Director-General fails, without reasonable excuse, to23\ncomply with section 29 of the Public Governance,24\nPerformance and Accountability Act 2013 (which deals with25\nthe duty to disclose interests) or rules made for the purposes26\nof that section.27\n\nAppointment etc. of examiners Division 3\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 257\nDivision 3—Appointment etc. of examiners1\n","sortOrder":242},{"sectionNumber":"251","sectionType":"section","heading":"Appointment of examiners2","content":"251 Appointment of examiners2\n(1) An examiner is to be appointed by the Governor-General by3\nwritten instrument.4\nNote: An examiner may be reappointed: see section 33AA of the Acts5\nInterpretation Act 1901.6\n(2) A person must not be appointed as an examiner unless:7\n(a) the person:8\n(i) is enrolled as a legal practitioner; and9\n(ii) has been so enrolled for at least 5 years; or10\n(b) the person is a former Judge of a court created by the11\nParliament or of a court of a State or Territory.12\n(3) An examiner holds office for the period specified in the instrument13\nof appointment. The period must not exceed 5 years.14\n(4) An examiner may be appointed on a full-time or part-time basis.15\n252 Remuneration16\n(1) An examiner is to be paid the remuneration that is determined by17\nthe Remuneration Tribunal. If no determination of that18\nremuneration by the Tribunal is in operation, an examiner is to be19\npaid the remuneration that is prescribed by the rules.20\n(2) An examiner is to be paid the allowances that are prescribed by the21\nrules.22\n(3) This section has effect subject to the Remuneration Tribunal Act23\n1973.24\n\nDivision 3 Appointment etc. of examiners\n258 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n253 Leave of absence1\nAppointment on a full-time basis2\n(1) An examiner appointed on a full-time basis has the recreation leave3\nentitlements that are determined by the Remuneration Tribunal.4\n(2) The Director-General may grant an examiner appointed on a5\nfull-time basis leave of absence, other than recreation leave, on the6\nterms and conditions as to remuneration or otherwise that the7\nDirector-General determines in writing.8\nAppointment on a part-time basis9\n(3) The Director-General may grant leave of absence to an examiner10\nappointed on a part-time basis on the terms and conditions that the11\nDirector-General determines in writing.12\n","sortOrder":243},{"sectionNumber":"254","sectionType":"section","heading":"Other paid work13","content":"254 Other paid work13\n(1) An examiner appointed on a full-time basis must not engage in14\npaid work outside the duties of the examiner’s office without the15\nMinister’s approval.16\n(2) An examiner appointed on a part-time basis must not engage in any17\npaid work that, in the Director-General’s opinion, conflicts or18\ncould conflict with the proper performance of the examiner’s19\nduties.20\n","sortOrder":244},{"sectionNumber":"255","sectionType":"section","heading":"Other terms and conditions21","content":"255 Other terms and conditions21\nAn examiner holds office on the terms and conditions (if any) in22\nrelation to matters not covered by this Act that are determined by23\nthe Governor-General in writing.24\n","sortOrder":245},{"sectionNumber":"256","sectionType":"section","heading":"Disclosure of interests25","content":"256 Disclosure of interests25\n(1) A disclosure by an examiner under section 29 of the Public26\nGovernance, Performance and Accountability Act 2013 (which27\ndeals with the duty to disclose interests) must be made to the28\nDirector-General.29\n\nAppointment etc. of examiners Division 3\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 259\n(2) Subsection (1) applies in addition to any rules made for the1\npurposes of that section.2\n(3) For the purposes of this Act and the Public Governance,3\nPerformance and Accountability Act 2013, an examiner is taken4\nnot to have complied with section 29 of that Act if the examiner5\ndoes not comply with subsection (1) of this section.6\n","sortOrder":246},{"sectionNumber":"257","sectionType":"section","heading":"Resignation7","content":"257 Resignation7\n(1) An examiner may resign the examiner’s appointment by giving the8\nGovernor-General a written resignation.9\n(2) The resignation takes effect on the day it is received by the10\nGovernor-General or, if a later day is specified in the resignation,11\non that later day.12\n","sortOrder":247},{"sectionNumber":"258","sectionType":"section","heading":"Termination of appointment13","content":"258 Termination of appointment13\n(1) The Governor-General may terminate the appointment of an14\nexaminer:15\n(a) for misbehaviour; or16\n(b) if the examiner is unable to perform the duties of the17\nexaminer’s office because of physical or mental incapacity.18\n(2) The Governor-General may terminate the appointment of an19\nexaminer if:20\n(a) the examiner:21\n(i) becomes bankrupt; or22\n(ii) applies to take the benefit of any law for the relief of23\nbankrupt or insolvent debtors; or24\n(iii) compounds with the examiner’s creditors; or25\n(iv) makes an assignment of the examiner’s remuneration26\nfor the benefit of the examiner’s creditors; or27\n(b) the examiner fails, without reasonable excuse, to comply28\nwith section 29 of the Public Governance, Performance and29\nAccountability Act 2013 (which deals with the duty to30\ndisclose interests) or rules made for the purposes of that31\nsection; or32\n\nDivision 3 Appointment etc. of examiners\n","sortOrder":248},{"sectionNumber":"260","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"260 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(c) if the examiner is appointed on a full-time basis—the1\nexaminer is absent, except on leave of absence, for 142\nconsecutive days or for 28 days in any 12 months; or3\n(d) if the examiner is appointed on a full-time basis—the4\nexaminer engages, except with the Minister’s approval, in5\npaid work outside the duties of the examiner’s office (see6\nsubsection 254(1)); or7\n(e) if the examiner is appointed on a part-time basis—the8\nexaminer engages in paid work that, in the9\nDirector-General’s opinion, conflicts or could conflict with10\nthe proper performance of the examiner’s duties (see11\nsubsection 254(2)).12\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 261\nDivision 4—ACIC employees, consultants etc.1\n","sortOrder":249},{"sectionNumber":"259","sectionType":"section","heading":"ACIC employees2","content":"259 ACIC employees2\n(1) The staff of the ACIC must be persons engaged under the Public3\nService Act 1999.4\nNote: A person referred to in this subsection is an ACIC employee (see5\nsection 7).6\n(2) For the purposes of the Public Service Act 1999:7\n(a) the Director-General and the staff of the ACIC together8\nconstitute a Statutory Agency; and9\n(b) the Director-General is the Head of that Statutory Agency.10\n260 Consultants11\n(1) The Director-General may, on behalf of the Commonwealth,12\nengage as consultants persons having suitable qualifications and13\nexperience to assist in the performance of the ACIC’s functions.14\n(2) The engagement of a consultant must be by written agreement.15\n(3) The terms and conditions of engagement are those that the16\nDirector-General determines in writing.17\n","sortOrder":250},{"sectionNumber":"261","sectionType":"section","heading":"Secondment of ACIC employees18","content":"261 Secondment of ACIC employees18\nSecondment19\n(1) The Director-General may, in writing, arrange for an ACIC20\nemployee to be seconded for a specified period to a body or21\norganisation whether within or outside Australia.22\nTermination of secondment23\n(2) The Director-General may at any time, by notice given to the body24\nor organisation to which the ACIC employee is seconded under25\nsubsection (1), terminate the secondment.26\n\nDivision 4 ACIC employees, consultants etc.\n262 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n262 Secondment of persons to ACIC1\nSecondment2\n(1) The Director-General may, by written agreement with a body or3\norganisation (whether inside or outside Australia), arrange for a4\nperson who is an officer, employee or other member of staff of the5\nbody or organisation to be made available to the ACIC to perform6\nservices in connection with the performance of the ACIC’s7\nfunctions or the exercise of the ACIC’s powers.8\nTerms and conditions9\n(2) The terms and conditions (including remuneration and allowances)10\napplicable to a person performing services under an agreement are11\nthose specified in the agreement.12\nOther matters13\n(3) When performing services for the ACIC under an agreement under14\nthis section, a person is subject to the directions of the15\nDirector-General.16\n(4) To avoid doubt, a constable performing services under an17\nagreement under this section continues to have, and may exercise,18\nall their functions, powers and duties as such a constable.19\nNote: For constable, see section 7.20\n","sortOrder":251},{"sectionNumber":"263","sectionType":"section","heading":"Persons assisting the ACIC21","content":"263 Persons assisting the ACIC21\n(1) The ACIC may be assisted by:22\n(a) officers and employees of Commonwealth bodies, or of the23\nAustralian Federal Police, whose services are made available24\nto the ACIC in connection with the performance of any of the25\nACIC’s functions or the exercise of any of the ACIC’s26\npowers; and27\n(b) persons whose services are made available under28\narrangements made under subsection (2).29\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 263\n(2) The Director-General may, on behalf of the Commonwealth, make1\nan arrangement with the appropriate authority or officer of:2\n(a) a State or Territory government; or3\n(b) a State or Territory government authority;4\nunder which the government or authority makes officers or5\nemployees available to the ACIC to perform services in connection6\nwith the performance of any of the ACIC’s functions.7\n(3) An arrangement under subsection (2) may provide for the8\nCommonwealth to reimburse a State or Territory with respect to9\nthe services of a person to whom the arrangement relates.10\n(4) When performing services for the ACIC under this section, a11\nperson is subject to the directions of the Director-General.12\n(5) To avoid doubt, a constable assisting the ACIC continues to have,13\nand may exercise, all their functions, powers and duties as such a14\nconstable.15\nNote: For constable, see section 7.16\n","sortOrder":252},{"sectionNumber":"264","sectionType":"section","heading":"Termination of employment of ACIC employee for serious17","content":"264 Termination of employment of ACIC employee for serious17\nmisconduct18\nWhen this section applies19\n(1) This section applies if the Director-General terminates the20\nemployment of an ACIC employee and the Director-General21\nreasonably believes that the employee’s conduct or behaviour or22\nany part of it:23\n(a) amounts to serious misconduct by the employee; and24\n(b) is having, or is likely to have, a damaging effect on:25\n(i) the professional self-respect or morale of one or more26\nACIC employees; or27\n(ii) the reputation of the ACIC.28\nNote: See section 29 of the Public Service Act 1999 for the termination of29\nthe employment of an ACIC employee.30\n\nDivision 4 ACIC employees, consultants etc.\n264 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDirector-General may make declaration1\n(2) The Director-General may, in writing, declare that the2\nDirector-General has the belief referred to in subsection (1) in3\nrelation to the ACIC employee.4\nTiming of declaration5\n(3) A declaration under subsection (2) must be made within 24 hours6\nof the Director-General’s decision to terminate the ACIC7\nemployee’s employment.8\nCopy of declaration to be given to ACIC employee9\n(4) If the Director-General makes the declaration for the ACIC10\nemployee, the Director-General must give the ACIC employee a11\ncopy of the declaration.12\nEffect of declaration on Fair Work Act13\n(5) If the Director-General makes the declaration for the ACIC14\nemployee, the Fair Work Act 2009 (other than Part 3-1 and15\n","sortOrder":253},{"sectionNumber":"Div 9","sectionType":"division","heading":"of Part 3-3 of that Act) does not apply in relation to:16","content":"Division 9 of Part 3-3 of that Act) does not apply in relation to:16\n(a) the termination of the ACIC employee’s employment; or17\n(b) the making of the declaration.18\nNote 1: This means, for example, that the provisions of the Fair Work Act19\n2009 dealing with unfair dismissal, and notice of termination or20\npayment in lieu, do not apply in relation to the ACIC employee.21\nNote 2: Part 3-1 of the Fair Work Act 2009 deals with general protections, and22\nDivision 9 of Part 3-3 of that Act deals with payments relating to23\nperiods of industrial action.24\n(6) To avoid doubt, subsection (5) applies despite section 8 of the25\nPublic Service Act 1999.26\nReport to Minister27\n(7) The Director-General must, as soon as practicable after making the28\ndeclaration, give the Minister a written report containing the29\nfollowing:30\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 265\n(a) the grounds for the Director-General’s belief referred to in1\nsubsection (1) in relation to the ACIC employee;2\n(b) the nature and findings of any investigation of, or inquiry3\ninto, the ACIC employee’s conduct or behaviour;4\n(c) details of any other matter the Director-General considers5\nrelevant.6\nDeclaration not a legislative instrument7\n(8) A declaration under subsection (2) is not a legislative instrument.8\n\n266 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDivision 5—Delegations and directions by1\nDirector-General2\n265 Delegation by Director-General3\n(1) The Director-General may, in writing, delegate to a senior position4\nholder one or more of the Director-General’s functions, powers or5\nduties under this Act.6\nNote 1: For senior position holder, see section 7.7\nNote 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain8\nprovisions relating to delegations.9\nException10\n(2) However, the Director-General must not delegate the11\nDirector-General’s functions, powers or duties under any of the12\nfollowing provisions:13\n(a) subsection 27(2) (which deals with approving an authority of14\nanother country or an international body as being capable of15\nassisting the ACIC in the performance of its functions);16\n(b) subsection 28(1) (which deals with written agreement with17\nthe AFP Commissioner relating to policing support);18\n(c) subsection 86(1) (which deals with applications for court to19\ndeal with contempt);20\n(d) section 88 (Withdrawal of contempt application);21\n(e) section 46 (Director-General to give reports about22\nauthorisations);23\n(f) section 117 (Making compelled material available to courts);24\n(g) section 133 or 134 (which deal with the Director-General25\nurgently granting or varying CIO authorities);26\n(h) section 140 (Cancellation of CIO authorities);27\n(i) subsection 151(2) (which deals with issuing certificate for28\nevidence relating to granting of CIO authority);29\n(j) section 154 (Reports by Director-General);30\n\nDelegations and directions by Director-General Division 5\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 267\n(k) sections 170, 171 and 172 (which deal with reports relating1\nto execution of search warrants, concealment activities and2\nnon-compliant action);3\n(l) subsection 181(1) (which deals with declaring that a system4\nis part of the national policing information system);5\n(m) section 192 (which deals with manners, methods and forms6\nfor nationally coordinated criminal history check services);7\n(n) subsection 194(2) or (3) (which deals with the appointment8\nof members of the National Policing Information9\nCommittee);10\n(o) section 211 and 212 (which deal with making and giving11\ncriminal intelligence assessments);12\n(p) section 215 and 216 (which deal with the automation of13\nspecified criminal intelligence assessment action);14\n(q) section 222 (which deals with directions relating to15\ncommunicating or making a record of ACIC information, or16\ndealing with an ACIC record);17\n(r) section 264 (Termination of employment of ACIC employee18\nfor serious misconduct);19\n(s) section 266 (which deals with directions relating to the20\nadministration and control of the ACIC);21\n(t) section 270 (Arrangements etc. with the Inspector-General of22\nIntelligence and Security);23\n(u) section 272 (Annual report);24\n(v) a provision of this Act prescribed by the rules for the25\npurposes of this paragraph.26\nDelegation to senior position holder who is not an APS employee27\n(3) The Director-General must, before delegating a function or power28\nto a person who is not an APS employee, have regard to whether29\nthe person has appropriate training, qualifications, skills or30\nexperience to perform the function or exercise the power.31\n\n","sortOrder":254},{"sectionNumber":"268","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"268 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nDirections to delegates1\n(4) A person performing functions or exercising powers under a2\ndelegation under subsection (1) must comply with any written3\ndirections of the Director-General under subsection (5).4\n(5) The Director-General may, in writing, give directions for the5\npurposes of subsection (4).6\n","sortOrder":255},{"sectionNumber":"266","sectionType":"section","heading":"Directions by the Director-General—administration and control7","content":"266 Directions by the Director-General—administration and control7\nof the ACIC8\n(1) The Director-General may, by writing, give directions to ACIC9\nemployees in connection with the administration and control of the10\nACIC.11\nEssential qualifications12\n(2) Without limiting subsection (1), directions under that subsection13\nmay relate to the essential qualifications for ACIC employees for14\nperforming their duties.15\nNote 1: See section 23 of the Public Service Act 1999 for the reduction in the16\nclassification of an ACIC employee in the ACIC if the employee17\nlacks, or has lost, an essential qualification for performing the18\nemployee’s duties.19\nNote 2: See section 29 of the Public Service Act 1999 for the termination of20\nthe employment of an ACIC employee in the ACIC if the employee21\nlacks, or has lost, an essential qualification for performing the22\nemployee’s duties.23\n(3) Without limiting subsection (2), essential qualifications may have24\none or more of the following components:25\n(a) physical or psychological health or fitness;26\n(b) professional or technical qualifications;27\n(c) learning and development requirements;28\n(d) security clearances;29\n(e) organisational suitability assessments.30\n\nDelegations and directions by Director-General Division 5\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 269\nReporting of serious misconduct or criminal activity1\n(4) Without limiting subsection (1), directions under that subsection2\nmay relate to the reporting by ACIC employees of the following:3\n(a) serious misconduct by an ACIC employee;4\n(b) criminal activity involving an ACIC employee;5\nwhere the serious misconduct or criminal activity affects, or is6\nlikely to affect, the operations, responsibilities or reputation of the7\nACIC.8\nCompliance with directions9\n(5) An ACIC employee must comply with a direction under this10\nsection.11\nNote: See subsection 13(4) and sections 15, 28 and 29 of the Public Service12\nAct 1999 for the consequences of an ACIC employee not complying13\nwith this subsection.14\nDirections not legislative instruments15\n(6) A direction under this section is not a legislative instrument.16\nNo limit on other powers to give directions17\n(7) This section does not limit any other power of the Director-General18\nto give directions to any person.19\nMinisterial directions and guidelines prevail20\n(8) Directions given by the Minister under subsection 37(1), and21\nguidelines made by the Minister under section 39, prevail over any22\ndirections given by the Director-General under this section to the23\nextent of any inconsistency.24\n","sortOrder":256},{"sectionNumber":"267","sectionType":"section","heading":"Self-incrimination etc.25","content":"267 Self-incrimination etc.25\n(1) An individual is not excused from giving information, producing a26\ndocument or answering a question under a direction of a kind27\nmentioned in subsection 266(4) on the ground that giving the28\ninformation, producing the document or answering the question29\nmight tend to incriminate the individual in relation to an offence.30\n\n","sortOrder":257},{"sectionNumber":"270","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"270 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(2) However:1\n(a) the information given, document produced or answer given;2\nand3\n(b) the giving of the information, the production of the document4\nor the answering of the question;5\nare not admissible in evidence against the individual in criminal6\nproceedings other than proceedings for an offence against7\nsection 137.1 or 137.2 of the Criminal Code that relates to section8\n266.9\n(3) If, at general law, an individual would otherwise be able to claim10\nthe privilege against self-exposure to a penalty (other than a11\npenalty for an offence) in relation to giving information, producing12\na document or answering a question under a direction of a kind13\nmentioned in subsection 266(4), the individual is not excused from14\ngiving the information, producing the document or answering the15\nquestion under the direction on that ground.16\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 271\n","sortOrder":258},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous1","content":"Part 10—Miscellaneous1\n268 Simplified outline of this Part3\nA person who is a witness at an examination, or who seeks judicial4\nreview of a matter arising under this Act, may apply to the5\nAttorney-General for legal or financial assistance.6\nThe Director-General must comply with recordkeeping and7\nreporting requirements.8\nThe Minister must cause periodic reviews to be undertaken of this9\nAct and the rules.10\n","sortOrder":259},{"sectionNumber":"269","sectionType":"section","heading":"Legal and financial assistance11","content":"269 Legal and financial assistance11\nCertain persons may apply for legal and financial assistance12\n(1) A witness who is summoned to attend an examination may apply13\nto the Attorney-General for assistance in respect of that attendance.14\n(2) A person who applies, or proposes to apply, to the Federal Court15\nunder the Administrative Decisions (Judicial Review) Act 1977 for16\nan order of review in respect of a matter arising under this Act may17\napply to the Attorney-General for assistance in respect of that18\napplication.19\n(3) A person who applies, or proposes to apply, to the Federal Circuit20\nand Family Court of Australia (Division 2) under the21\nAdministrative Decisions (Judicial Review) Act 1977 for an order22\nof review in respect of a matter arising under this Act may apply to23\nthe Attorney-General for assistance in respect of that application.24\n\n","sortOrder":260},{"sectionNumber":"272","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"272 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nAttorney-General may grant assistance to applicant1\n(4) If a person under subsection (1), (2) or (3) applies for assistance,2\nthe Attorney-General may grant assistance to the person under3\nsubsection (5) if the Attorney-General is satisfied that:4\n(a) refusing the application would involve substantial hardship to5\nthe person; or6\n(b) the circumstances of the case are of such a special nature that7\nthe application should be granted.8\n(5) For the purposes of subsection (4), the Attorney-General may:9\n(a) grant legal or financial assistance, or both; and10\n(b) grant such assistance that the Attorney-General determines;11\nand12\n(c) grant the assistance either:13\n(i) unconditionally; or14\n(ii) subject to such conditions as the Attorney-General15\ndetermines.16\n270 Arrangements etc. with the Inspector-General of Intelligence17\nand Security18\n(1) The Director-General may make written arrangements with the19\nInspector-General of Intelligence and Security, including20\narrangements about one or more of the following:21\n(a) information or records required to be kept by the ACIC;22\n(b) giving notifications to the Inspector-General;23\n(c) giving reports to the Inspector-General.24\n(2) Without limiting subsection (1) or any other law of the25\nCommonwealth requiring records to be kept or given to the26\nInspector-General of Intelligence and Security, the27\nDirector-General must:28\n(a) ensure the ACIC retains sufficient records relating to:29\n(i) the ACIC’s compliance with the laws of the30\nCommonwealth and of the States and Territories; and31\n(ii) the ACIC’s compliance with directions given under32\nsection 37 and guidelines made under section 39; and33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 273\n(iii) an act or practice of the ACIC that is or may be1\ninconsistent with or contrary to any human right, that2\nconstitutes or may constitute discrimination, or that is or3\nmay be unlawful under the Age Discrimination Act4\n2004, the Disability Discrimination Act 1992, the Racial5\nDiscrimination Act 1975 or the Sex Discrimination Act6\n1984; and7\n(iv) the propriety of the ACIC’s activities; and8\n(b) give the Inspector-General copies of policies made for the9\npurposes of implementing directions given under section 37,10\nor guidelines made under section 39.11\n(3) An arrangement under subsection (1) is not a legislative12\ninstrument.13\n","sortOrder":261},{"sectionNumber":"271","sectionType":"section","heading":"Record-keeping requirements14","content":"271 Record-keeping requirements14\nThe Director-General must cause copies of the following to be kept15\nin the records of the ACIC:16\n(a) in relation to Part 3 (coercive powers):17\n(i) each authorisation issued; and18\n(ii) each variation made under section 44; and19\n(iii) each revocation made under section 45; and20\n(iv) each agency direction given; and21\n(v) each variation made under subsection 47(7); and22\n(vi) each notice to produce and summons issued; and23\n(vii) each variation made under section 54 or 63; and24\n(viii) the written reasons for issuing, or varying a notice to25\nproduce or summons; and26\n(ix) each written determination made under subsection27\n66(1); and28\n(x) the written record made under subsection 66(6) of each29\noral determination made under 66(1); and30\n(xi) each written notice given under paragraph 71(5)(a) of a31\ndetermination made under subsection 71(2); and32\n(xii) each determination made under subsection 73(2)33\n(excluding presence of an IGIS official); and34\n\n","sortOrder":262},{"sectionNumber":"274","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"274 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(xiii) each record of an examination made under section 74;1\nand2\n(xiv) each arrangement made under subsection 49(1); and3\n(xv) each agreement made under subsection 49(5) varying an4\narrangement made under subsection 49(1); and5\n(xvi) each notice given under subsection 49(7) revoking an6\narrangement made under subsection 49(1);7\n(b) in relation to Part 4 (controlled intelligence operations):8\n(i) each written request for a CIO authority; and9\n(ii) the written record of each oral request for a CIO10\nauthority; and11\n(iii) each written CIO authority; and12\n(iv) the written record of each oral CIO authority; and13\n(v) the written record of each refusal to grant a CIO14\nauthority; and15\n(vi) each written request to vary a CIO authority; and16\n(vii) the written record of each oral request to vary a CIO17\nauthority; and18\n(viii) each written variation of a CIO authority; and19\n(ix) the written record of each oral variation of a CIO20\nauthority; and21\n(x) the written record of each refusal to vary a CIO22\nauthority; and23\n(xi) each cancellation of a CIO authority;24\n(c) in relation to Part 5 (search warrants and assistance orders):25\n(i) each written request for a search warrant; and26\n(ii) the written record of each oral request for a search27\nwarrant; and28\n(iii) each search warrant issued; and29\n(iv) each record made under paragraph 157(5)(b) and30\n161(5)(b); and31\n(v) each approval made under subsection 166(2); and32\n(vi) each record made under subsection 166(5); and33\n(vii) each written request for a variation of a search warrant;34\nand35\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 275\n(viii) the written record of each oral request for a variation of1\na search warrant; and2\n(ix) each variation of a search warrant; and3\n(x) each record made under paragraph 168(7)(b); and4\n(xi) each revocation of a search warrant; and5\n(xii) each written request for an assistance order; and6\n(xiii) the written record of each oral request for an assistance7\norder; and8\n(xiv) each assistance order; and9\n(xv) each revocation of an assistance order;10\n(d) records required to be kept under a written arrangement11\nbetween the Director-General and the Inspector-General of12\nIntelligence and Security under section 270;13\n(e) any other record prescribed by the rules.14\n272 Annual report15\n(1) The annual report prepared by the Director-General and given to16\nthe Minister under section 46 of the Public Governance,17\nPerformance and Accountability Act 2013 for a period (the18\nreporting period) must include the following:19\n(a) the total number of authorisations issued during the reporting20\nperiod;21\n(b) the total number of agency directions given during the22\nreporting period;23\n(c) the total number of notices to produce given during the24\nreporting period;25\n(d) the total number of those notices to produce in relation to26\nwhich subsection 53(2) applied during the reporting period27\n(notice requiring immediate production);28\n(e) the total number of examinations conducted during the29\nreporting period;30\n(f) the total number of summonses issued during the reporting31\nperiod;32\n(g) the total number of those summonses issued in relation to33\nwhich subsection 62(2) applied during the reporting period34\n(summons requiring immediate attendance);35\n\n","sortOrder":263},{"sectionNumber":"276","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"276 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\n(h) the total number of criminal intelligence assessments made1\nduring the reporting period;2\n(i) the total number of requests for a CIO authority made during3\nthe reporting period;4\n(j) the total number of CIO authorities granted during the5\nreporting period;6\n(k) the total number of premises search warrants issued during7\nthe reporting period;8\n(l) the total number of person search warrants issued during the9\nreporting period;10\n(m) the total number of assistance orders made during the11\nreporting period;12\n(n) the total number of nationally coordinated criminal history13\ncheck services provided in accordance with paragraph 24(e)14\nduring the reporting period;15\n(o) any other matters prescribed by the rules for the purposes of16\nthis paragraph.17\nReport not to identify particular persons18\n(2) In preparing the report, the Director-General must take reasonable19\ncare not to identify a particular person, if doing so would prejudice:20\n(a) the safety of a person; or21\n(b) the fair trial of a person.22\nCopy of report to be given to Leader of the Opposition23\n(3) A copy of the report must be given to the Leader of the Opposition24\nin the House of Representatives, but it is the duty of the Leader of25\nthe Opposition to treat as secret any part of the report that is not26\ntabled in a House of the Parliament.27\nDeletions from report on privacy etc. grounds28\n(4) The Minister may make such deletions from the report as the29\nMinister, after obtaining advice from the Director-General,30\nconsiders necessary in order to avoid prejudice to:31\n(a) the performance of functions, or the exercise of powers, by32\nany of the following:33\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 277\n(i) the ACIC;1\n(ii) a law enforcement agency;2\n(iii) an intelligence or security agency; or3\n(b) the privacy of individuals; or4\n(c) the conduct of the Commonwealth’s international affairs.5\n","sortOrder":264},{"sectionNumber":"273","sectionType":"section","heading":"Corporate plan6","content":"273 Corporate plan6\nSubsection 35(3) of the Public Governance, Performance and7\nAccountability Act 2013 (which deals with the Australian8\nGovernment’s key priorities and objectives) does not apply to a9\ncorporate plan prepared by the Director-General.10\n274 Review of operation of this Act and the rules11\n(1) The Minister must cause periodic reviews to be undertaken of the12\noperation of this Act and the rules.13\nNote: A periodic review may not need to be undertaken if a Parliamentary14\ncommittee undertakes a similar review: see subsection (8).15\nPersons undertaking review16\n(2) Each review must be undertaken by one or more persons who, in17\nthe Minister’s opinion, possess appropriate qualifications to18\nundertake the review.19\nTiming of review20\n(3) The first review must be undertaken as soon as practicable after the21\nend of the period of 5 years starting on the day this section22\ncommences.23\n(4) Each later review must be undertaken as soon as practicable after24\nthe end of each subsequent period of 5 years.25\nMinister to be given report of review26\n(5) The persons conducting the review must give the Minister a written27\nreport of the review before the end of the period of 12 months28\nstarting on the day the review commences.29\n\n","sortOrder":265},{"sectionNumber":"278","sectionType":"section","heading":"Australian Criminal Intelligence Commission Bill 2026 No. , 2026","content":"278 Australian Criminal Intelligence Commission Bill 2026 No. , 2026\nMinister to table copy of report of review1\n(6) The Minister must cause a copy of the report of the review to be2\ntabled in each House of the Parliament within 15 sitting days of3\nthat House after the Minister receives the report.4\nDeletions from report5\n(7) The Minister may make such deletions from the report as the6\nMinister considers necessary in order to avoid prejudice to:7\n(a) the performance of functions, or the exercise of powers, by8\nany of the following:9\n(i) the ACIC;10\n(ii) a law enforcement agency;11\n(iii) an intelligence or security agency; or12\n(b) relations between the Commonwealth and a State or13\nTerritory; or14\n(c) the privacy of individuals; or15\n(d) the fair trial of a person; or16\n(e) the safety of a person.17\nRequirement not to apply if review undertaken by Parliamentary18\ncommittee19\n(8) If, during a period of 5 years (the relevant period) referred to in20\nsubsection (3) or (4), a committee of one or both Houses of the21\nParliament (including the Parliamentary Joint Committee on22\nIntelligence and Security) has reviewed the operation of this Act23\nand the rules, or started such a review, this section does not apply24\nin relation to the relevant period.25\n","sortOrder":266},{"sectionNumber":"275","sectionType":"section","heading":"Rules26","content":"275 Rules26\n(1) The Minister may, by legislative instrument, make rules27\nprescribing matters:28\n(a) required or permitted by this Act to be prescribed by the29\nrules; or30\n(b) necessary or convenient to be prescribed for carrying out or31\ngiving effect to this Act.32\n\nNo. , 2026 Australian Criminal Intelligence Commission Bill 2026 279\n(2) To avoid doubt, the rules may not do the following:1\n(a) create an offence or civil penalty;2\n(b) provide powers of:3\n(i) arrest or detention; or4\n(ii) entry, search or seizure;5\n(c) impose a tax;6\n(d) set an amount to be appropriated from the Consolidated7\nRevenue Fund under an appropriation in this Act;8\n(e) directly amend the text of this Act.9","sortOrder":267}],"analysis":{"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This Bill significantly expands and modernises the ACIC's legislative framework compared to its predecessor (the Australian Crime Commission Act 2002). It introduces new powers including automated criminal intelligence assessments, updated controlled intelligence operation provisions, a restructured national policing information system, and a more detailed governance and oversight architecture. The scope is broader than a straightforward continuation — it represents a substantive policy overhaul of how Australia's national criminal intelligence agency operates, with meaningful expansions of coercive and surveillance powers and new accountability mechanisms."},"complexity_factors":["Extremely lengthy and technically dense legislation spanning 10 Parts and over 275 sections","Multiple interlocking legal concepts requiring specialist knowledge (e.g., compelled material, derivative material, CIO authorities, non-disclosure notations)","Curtailment of fundamental common law rights including privilege against self-incrimination and legal professional privilege","Attorney-General-issued search warrants departing from standard judicial oversight model","Complex jurisdictional architecture spanning Commonwealth, State and Territory laws and agencies","Introduction of automated criminal intelligence assessment processes raising algorithmic accountability issues","Controlled intelligence operations granting immunity from criminal and civil liability for otherwise unlawful conduct","Intricate information-sharing and disclosure framework with multiple criminal offence provisions","Interaction with numerous other Commonwealth Acts including ASIO Act, Crimes Act, Privacy Act, ART Act, AusCheck Act and more","Governance structure involving multiple oversight bodies (IGIS, ART, Minister, Attorney-General, Director-General) with overlapping roles"],"plain_english_summary":"The Australian Criminal Intelligence Commission Bill 2026 is a proposed federal law that would formally continue the existence of the Australian Criminal Intelligence Commission (ACIC) and consolidate its powers, functions, and governance arrangements in a single, updated piece of legislation. The Bill is sponsored by the Department of Home Affairs and is currently before the House of Representatives.\n\n**What it proposes to do:**\nThe Bill essentially rewrites and modernises the legislative framework for the ACIC — Australia's national criminal intelligence agency. It covers the full gamut of the ACIC's operations, including: gathering and analysing intelligence on serious and organised crime; conducting coercive examinations (where individuals can be compelled to answer questions or produce documents, even if that evidence may incriminate them); carrying out controlled intelligence operations (undercover-style operations where participants get legal immunity for otherwise unlawful conduct); executing search warrants on premises and persons; managing the national policing information system (including criminal history databases); conducting background checks; and producing criminal intelligence assessments that can affect whether someone is granted licences, jobs, or other privileges.\n\nKey features include:\n- **Coercive examination powers**: Examiners can compel individuals to attend examinations, answer questions, and produce documents under threat of criminal penalty. Legal professional privilege is limited, and the privilege against self-incrimination is curtailed (though use immunity applies).\n- **Controlled intelligence operations**: The Attorney-General (or urgently, the Director-General) can authorise undercover operations where participants are shielded from criminal and civil liability for conduct that would otherwise be unlawful.\n- **Search warrants**: The Attorney-General — not a judicial officer — issues search warrants for premises and persons, a notable departure from the usual judicial warrant model.\n- **Criminal intelligence assessments**: The ACIC can make assessments about individuals that trigger adverse administrative consequences (e.g., licence refusals), with review available through the Administrative Review Tribunal.\n- **National policing information system**: The ACIC administers the national database of policing information, including criminal history records accessible to law enforcement agencies across all jurisdictions.\n- **Information controls**: Strict rules govern who can communicate, record, or deal with ACIC information, with serious criminal offences for unauthorised disclosure.\n\n**Who it affects:**\n- Individuals who may be summoned to coercive examinations or subjected to search warrants, particularly those suspected of involvement in serious and organised crime.\n- Businesses and individuals subject to criminal intelligence assessments or background checks.\n- All Australian law enforcement agencies, state and territory governments, and Commonwealth bodies that contribute to or access the national policing information system.\n- Journalists, lawyers, and others who may come into contact with protected ACIC information.\n- Participants in controlled intelligence operations.\n\n**Why it matters:**\nThis Bill consolidates and significantly updates the ACIC's legal foundations, replacing earlier legislation with a comprehensive modern framework. It expands and codifies coercive and surveillance-style powers, introduces automated criminal intelligence assessment processes, and maintains the ACIC's central role in national law enforcement coordination. The use of Attorney-General-issued search warrants (rather than judicial warrants) and the broad restrictions on self-incrimination and legal privilege raise significant civil liberties considerations. The automated assessment provisions also raise rule-of-law and algorithmic accountability concerns."},"kimi_summary":{"_metrics":{"completionTokens":858},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a re-establishment and modernisation of the Australian Crime Commission. The 2026 Bill maintains the core architecture of the 2002 Act while updating references, adding automation safeguards, and refining the controlled operations framework. No significant scope expansion beyond the original intelligence agency mandate is evident."},"complexity_factors":["275 sections across 10 Parts with multiple Divisions and Subdivisions","47 defined terms in section 7 alone, many with nested definitions","Extensive cross-referencing between Parts (e.g., pre-charge/post-charge distinctions in sections 12-13, 16-17)","Multiple overlapping secrecy and disclosure regimes (non-disclosure notations, compelled material directions, ACIC information offences)","Conditional logic throughout: 36-month maximum for authorisations (section 42), 90-day/28-day warrant limits (sections 159, 164), 7-day urgent authorities (section 138)","Nested exceptions: privilege against self-incrimination (section 126) has 6 exceptions to its protections","Constitutional limitations clause (section 30) with 9 separate heads of power","Automation provisions (section 215) with computer program decision-making","Triple-layered approval system for controlled operations: Director-General request → Attorney-General grant → urgent Director-General grant with Attorney-General affirmation","Parallel State/Territory law interaction provisions (Division 3 of Part 6)"],"plain_english_summary":"**What this legislation does**\n\nThis Bill establishes the **Australian Criminal Intelligence Commission (ACIC)** as a permanent intelligence agency with broad powers to investigate serious and organised crime. It replaces and updates the previous Australian Crime Commission Act 2002.\n\n**Key functions and powers**\n\n- **Intelligence gathering**: The ACIC collects, analyses and shares intelligence about serious and organised crime (defined as federal offences involving multiple offenders, substantial planning, and sophisticated methods)\n\n- **Coercive powers**: With ministerial authorisation, ACIC examiners can:\n  - Issue **notices to produce** requiring people to hand over information, documents or things\n  - **Summon and examine witnesses** under oath in private hearings\n  - These powers apply even before charges are laid, with special protections for people already charged\n\n- **Controlled intelligence operations**: The Attorney-General (or Director-General in urgent cases) can authorise undercover operations where participants have **immunity from criminal and civil liability** for certain unlawful conduct\n\n- **Search warrants**: The Attorney-General can issue warrants to search premises or people, including accessing electronic devices and requiring assistance to unlock them\n\n- **National policing information**: The ACIC administers systems for sharing policing information across jurisdictions and provides criminal history check services\n\n- **Criminal intelligence assessments**: The ACIC can make assessments about individuals for background checks (e.g., firearms licences, aviation security)\n\n**Who it affects**\n\n- Suspected criminals and their associates (subject to coercive questioning and surveillance)\n- Law enforcement agencies (who receive intelligence and can request ACIC assistance)\n- Ordinary citizens (through criminal history checks and potential surveillance)\n- Legal practitioners (who may be excluded from examinations if deemed prejudicial)\n\n**Important safeguards**\n\n- Ministerial and Attorney-General oversight for most intrusive powers\n- Inspector-General of Intelligence and Security monitoring\n- Legal professional privilege partially preserved\n- Limited privilege against self-incrimination (answers can't be used against you in criminal proceedings, with exceptions)\n- Review rights for adverse intelligence assessments\n\n**Why it matters**\n\nThis legislation gives the ACIC extraordinary coercive powers that override normal legal protections—people can be compelled to answer questions or produce documents with no right to silence, and undercover operatives can break the law with immunity. The Bill attempts to balance these powers with oversight mechanisms, but the scope for pre-charge compulsion and the breadth of \"serious and organised crime\" definitions raise significant civil liberties concerns."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Section 32(4)","severity":"medium","reasoning":"A statutory declaration that an entity is not liable, followed immediately by a parliamentary intention that it should be 'notionally' liable, is logically incoherent. 'Notional liability' has no enforceable legal effect, making the second sentence functionally void while still creating interpretive confusion. The Finance Minister is then empowered under s32(5) to give directions to give effect to this notional liability — meaning there is an administrative mechanism to enforce something the Act simultaneously says does not exist as a legal obligation.","confidence":0.85,"description":"The Commonwealth is explicitly stated to be 'not liable to pay charge' but then immediately states 'it is the Parliament's intention that the Commonwealth should be notionally liable to pay such a charge.' This creates a legally meaningless 'notional liability' — the Commonwealth is simultaneously exempt from the charge and 'notionally' subject to it."},{"type":"other","section":"Section 9","severity":"medium","reasoning":"The Governor-General acts on advice of the Federal Executive Council (or Ministers). Section 9 attempts to interpose a precondition — Prime Ministerial satisfaction — before the Governor-General may exercise a power under s19B(2) of the Acts Interpretation Act. This is structurally anomalous: one Act purports to restrict the Governor-General's exercise of a power conferred by another Act, without clear constitutional basis for doing so. 'Exceptional circumstances' is undefined, creating indeterminate compliance obligations.","confidence":0.72,"description":"Section 9 purports to restrict the Governor-General's exercise of a power under the Acts Interpretation Act 1901 (making a substituted reference order) unless the Prime Minister is satisfied that exceptional circumstances exist. This creates a constitutional absurdity: a Commonwealth statute is attempting to condition the Governor-General's exercise of a power conferred by another Commonwealth statute upon the subjective satisfaction of the Prime Minister, with no criteria for 'exceptional circumstances' defined."},{"type":"other","section":"Section 10(1)","severity":"high","reasoning":"By including future hypothetical offences within the definition, the jurisdictional trigger for coercive powers (examinations, notices to produce, search warrants) becomes potentially unlimited in scope. Any offence that 'may in future be committed' by a sufficiently organised group satisfies the definition. There is no threshold for the likelihood or imminence of the future offence, meaning the ACIC could theoretically invoke coercive powers against persons who have committed no offence and are merely suspected of potentially doing so at some unspecified future point.","confidence":0.78,"description":"The definition of 'serious and organised crime' requires that the offence 'may have been committed, may presently be being committed, or may in future be committed.' The phrase 'may in future be committed' allows the ACIC to exercise coercive powers in relation to offences that have not yet occurred and may never occur, effectively authorising pre-crime intelligence operations with no temporal or evidentiary limit on how far into the future the potential offence might arise."},{"type":"self_contradicting","section":"Sections 12 and 13 (read together)","severity":"medium","reasoning":"The classification of an event as pre-charge or post-charge has significant legal consequences for how compelled material may be used and disclosed (see Part 3, Division 5). An examination that begins pre-charge and extends into a post-charge period would appear to be both a pre-charge and post-charge event, yet the Act provides no rule for which classification governs or how to treat the transition. This creates impossible compliance obligations for examiners and the ACIC.","confidence":0.75,"description":"Sections 12 and 13 define 'pre-charge' and 'post-charge' events using identical lists of triggering events in subsection (2) of each section. The same event (e.g., a notice to produce being issued) can be simultaneously classified as both pre-charge and post-charge depending on the timing condition in subsection (1). However, the definitions offer no resolution mechanism for events that straddle the boundary — for instance, an examination that commences pre-charge but continues into a post-charge period."},{"type":"self_contradicting","section":"Section 36 read with Section 37(4)","severity":"low","reasoning":"The 'Subject to this Act' qualifier in s36 does technically resolve the contradiction legally, but the drafting is architecturally misleading. Proclaiming 'complete discretion' and 'not subject to direction' in the same provision that is then immediately qualified by mandatory compliance with Ministerial directions (s37(4)) renders the independence provision largely rhetorical rather than substantive. This is a low-severity structural drafting absurdity rather than an irresolvable legal contradiction.","confidence":0.82,"description":"Section 36 grants the Director-General 'complete discretion' in the performance of functions and states they are 'not subject to direction by any person.' Section 37(4) then mandates that the Director-General 'must comply with a direction under subsection (1).' While s36 contains a 'Subject to this Act' qualifier, the juxtaposition of 'complete discretion' and 'not subject to direction' with a mandatory compliance obligation creates an inherent tension that undermines the stated independence."},{"type":"retroactive_impossibility","section":"Section 21(2) and 21(4)","severity":"high","reasoning":"If compelled material is used or disclosed lawfully during a period when a charge is 'resolved' under s21(1)(b), and a late appeal is then lodged causing the charge to 'cease to be resolved' under s21(2), the prior lawful use could be recharacterised as unlawful under the disclosure and use restrictions in Part 3, Division 5. The Act contains no savings provision protecting acts done in good faith during the resolved period, creating an impossible compliance situation for persons who acted on the legal status of the resolution at the time.","confidence":0.8,"description":"Subsections 21(2) and 21(4) provide that a charge or proceeding 'ceases to be resolved' if an out-of-time appeal is lodged. This means a matter that was legally resolved can become unresolved retroactively upon lodgment of a late appeal. This creates a retroactive impossibility: conduct lawfully undertaken during the 'resolved' period (e.g., use or disclosure of compelled material permitted only after resolution) may become retrospectively unlawful if a late appeal is subsequently lodged."},{"type":"circular_definition","section":"Section 11(2)(d)","severity":"medium","reasoning":"The federal aspect under s11(2)(d) is defined by reference to what the ACIC is doing or would do, rather than by reference to objective characteristics of the offence. This means the ACIC can effectively create its own jurisdiction over State offences by deciding to investigate a related Commonwealth offence, which is a form of circular self-authorisation. The 'would be incidental' formulation further expands this to purely hypothetical exercises of power.","confidence":0.73,"description":"Paragraph 11(2)(d) provides that a State offence has a federal aspect if performing ACIC intelligence functions in relation to it 'is, or would be, incidental to' performing those functions in relation to a Commonwealth offence. This is circularly self-referential: the ACIC's jurisdictional power to investigate a State offence is triggered by the fact that the ACIC is already investigating a Commonwealth offence — but whether the ACIC has authority to investigate the Commonwealth offence is itself a precondition that may depend on the same nexus."},{"type":"other","section":"Section 31(4) and 31(5)","severity":"low","reasoning":"While not irresolvable, the combination of authorising nil fees with a prohibition on the fee amounting to taxation creates a trivial absurdity. A nil fee cannot be 'charged' in any practical sense, cannot be recovered under s31(6) as a debt, and cannot amount to taxation. The provision appears to be attempting to preserve flexibility for zero-cost services but in doing so authorises a legally empty concept of a 'charged' nil fee.","confidence":0.6,"description":"Section 31(4) provides that 'the amount of a fee may be nil' while s31(5) provides that 'a fee charged under subsection (1) must not be such as to amount to taxation.' A fee of nil cannot amount to taxation, making s31(4) and s31(5) redundant in combination, but more significantly, if a nil fee is 'charged,' it raises the question of whether a nil-value charge is a 'fee' at all in any meaningful legal sense."}],"contradictions":[{"severity":"medium","section_a":"Section 36","section_b":"Section 37(1) and 37(4)","confidence":0.85,"description":"Section 36 declares the Director-General has 'complete discretion' and 'is not subject to direction by any person.' Section 37(1) empowers the Minister to give written directions to the Director-General, and s37(4) mandates the Director-General 'must comply.' While s36 contains a 'Subject to this Act' qualifier, the substantive content of these provisions directly contradicts each other in practical effect."},{"severity":"medium","section_a":"Section 32(4) (first sentence)","section_b":"Section 32(4) (second sentence) and Section 32(5)","confidence":0.88,"description":"The Commonwealth is declared 'not liable to pay charge' in the first sentence of s32(4), but the second sentence immediately states Parliament intends the Commonwealth to be 'notionally liable.' Section 32(5) then empowers the Finance Minister to give directions to give effect to this notional liability. These provisions are internally contradictory within the same subsection."},{"severity":"medium","section_a":"Section 31(1) and 31(3)","section_b":"Section 32(1)","confidence":0.7,"description":"Section 31(1) authorises the ACIC to charge fees for goods or services provided in performing national policing information functions. Section 31(3) prohibits fees under s31(1) where charge is imposed by the Charges Act for the same goods or services. Section 32(1) states that charges under the Charges Act are imposed on applications for nationally coordinated criminal history check services. The boundary between what attracts Charges Act charge versus s31(1) fees is undefined, potentially allowing the same service to be subject to both a fee and a charge — which s31(3) purports to prohibit but does not clearly demarcate."},{"severity":"high","section_a":"Section 12(1)(a) — pre-charge definition","section_b":"Section 13(1)(a) and 13(1)(b) — post-charge definition","confidence":0.77,"description":"An event is pre-charge under s12 when 'the person has not been charged with a relevant offence and such a charge is not imminent, OR all such charges have been resolved.' An event is post-charge under s13 when 'the person has been charged with a relevant offence and that charge is still to be resolved, OR such a charge is imminent.' When a charge has been resolved but a late appeal causes it to 'cease to be resolved' under s21(2), the same event in time could satisfy both the pre-charge condition (all charges were resolved at the time) and the post-charge condition (the charge is now deemed unresolved). No reconciliation mechanism is provided."},{"severity":"medium","section_a":"Section 37(2)","section_b":"Section 37(1)","confidence":0.73,"description":"Section 37(1) empowers the Minister to give directions 'about the performance of the Director-General's functions.' Section 37(2) prohibits directions 'in relation to the content of, or any conclusions to be reached in, any advice, report or assessment.' Since the ACIC's core intelligence and advisory functions (s24(a), (b), (c)) are inherently about producing assessments and advice, it is unclear how the Minister can give lawful directions about the performance of those functions without touching on the content or conclusions of assessments — making the power in s37(1) potentially empty with respect to the ACIC's primary functions."},{"severity":"low","section_a":"Section 25(1)","section_b":"Section 25(2) and Part 3 Division 5","confidence":0.65,"description":"Section 25(1) states that 'nothing in this Act is taken to prevent the ACIC from using the information or intelligence in the performance of any of its other functions.' Section 25(2) immediately qualifies this by saying 'use of the information or intelligence is subject to any other provision of this Act that restricts the use.' Part 3, Division 5 imposes detailed restrictions on the use and disclosure of compelled material. The blanket permission in s25(1) and the comprehensive restrictions in Division 5 create an apparent contradiction that s25(2) attempts to resolve but does so only by rendering s25(1) largely redundant — the 'nothing prevents' statement is hollowed out by the extensive restrictions that follow."},{"severity":"low","section_a":"Section 15(3)(b) — protected suspect definition","section_b":"Section 15(3)(a) — reference to Part IC of Crimes Act 1914","confidence":0.62,"description":"Section 15(3)(a) defines 'protected suspect' by reference to the definition in Part IC of the Crimes Act 1914. Section 15(3)(b) then extends the concept to persons who 'would be covered by paragraph (a) if the definition of Commonwealth offence in section 23B of that Act included any offence against a law of a State or Territory.' This creates two overlapping categories of protected suspect — those who actually are protected suspects under the Crimes Act and those who hypothetically would be if a different definition applied — without specifying how rights and protections differ between these two classes or whether they are treated identically."}]}},"importantCases":[],"_links":{"self":"/api/acts/australian-criminal-intelligence-commission-bill-2026","history":"/api/acts/australian-criminal-intelligence-commission-bill-2026/history","analysis":"/api/acts/australian-criminal-intelligence-commission-bill-2026/analysis","conflicts":"/api/acts/australian-criminal-intelligence-commission-bill-2026/conflicts","importantCases":"/api/acts/australian-criminal-intelligence-commission-bill-2026/important-cases","documents":"/api/acts/australian-criminal-intelligence-commission-bill-2026/documents"}}