Australian Criminal Intelligence Commission Bill 2026

2 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 2 Commencement1 (1) Each provision of this Act specified in column 1 of the table2 commences, or is taken to have commenced, in accordance with3 column 2 of the table. Any other statement in column 2 has effect4 according to its terms.5 Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent.
2. Sections 3 to A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 18 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. Note: This table relates only to the provisions of this Act as originally7 enacted. It will not be amended to deal with any later amendments of8 this Act.9 (2) Any information in column 3 of the table is not part of this Act.10 Information may be inserted in this column, or information in it11 may be edited, in any published version of this Act.12

3 Objects13 The objects of this Act are the following:14 (a) to continue the ACIC in existence as an intelligence agency;15 (b) to facilitate:16 (i) the obtaining, correlation, analysis, evaluation and17 communication of intelligence relevant to serious and18 organised crime for purposes connected with19 combatting serious and organised crime; and20

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 3 (ii) the correlation of, provision of access to, and exchange1 of, national policing information, and the provision of2 systems and services for those purposes;3 (c) to enable:4 (i) the provision of nationally coordinated criminal history5 check services; and6 (ii) the making and giving of criminal intelligence7 assessments; and8 (iii) the provision of advice about strategic or emerging9 crime trends, criminal activity and preventing crime.10

4 Simplified outline of this Act11 The Australian Criminal Intelligence Commission is continued in12 existence by this Act. The ACIC consists of the Director-General,13 the examiners and ACIC staff members.14 The ACIC has the function of obtaining intelligence relevant to15 serious and organised crime and communicating that intelligence to16 combat such crime. It also has several other functions, such as17 providing nationally coordinated criminal history check services18 and making criminal intelligence assessments.19 If the Minister has issued an authorisation that identifies serious20 and organised crime, an examiner may, for the purposes of21 obtaining intelligence relevant to the serious and organised crime:22 (a) require a person to give information, or produce a23 document or thing, by giving the person a notice to24 produce; or25 (b) conduct an examination and summon a person to attend26 the examination.27 The Attorney-General may authorise a controlled intelligence28 operation. A participant in a controlled intelligence operation is29 authorised to engage in certain kinds of unlawful conduct and is30 not subject to criminal or civil liability for this conduct.31

4 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 The Attorney-General may issue search warrants authorising the1 ACIC to search certain premises, persons, things or conveyances2 for relevant documents and things, and to do other related things.3 The Attorney-General may make assistance orders requiring a4 person to give information or assistance to allow the ACIC to5 access and use data held in, or accessible from, a computer or data6 storage device found during the execution of a search warrant.7 The ACIC is the administrator of the national policing information8 system and has specific functions in relation to the system.9 The Director-General may approve a person or body as an10 accredited body for the purposes of requesting and receiving11 nationally coordinated criminal history check services on behalf of12 consenting applicants.13 The ACIC may make a criminal intelligence assessment in respect14 of a person for the purposes of a background check required or15 permitted under other legislation.16 The ACIC may communicate information or deal with records17 related to ACIC’s functions (known as ACIC information and18 ACIC records) in certain circumstances. There are offences for19 unauthorised communication or recording of ACIC information, or20 dealing with ACIC records, by entrusted persons. Search warrant21 items and produced items (known as returnable items) may be used22 and shared in certain circumstances.23 The Director-General and examiners are appointed by the24 Governor-General. The staff of the ACIC must be persons engaged25 under the Public Service Act 1999. The Director-General may also26 engage consultants. Persons may be seconded to or from the ACIC.27 The Director-General must comply with recordkeeping and28 reporting requirements. The Minister must cause periodic reviews29 to be undertaken of this Act and the rules.30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 5

5 Application of this Act1 This Act extends to the external Territories.2

6 Crown to be bound3 (1) This Act binds the Crown in right of the Commonwealth, of each4 of the States, of the Australian Capital Territory and of the5 Northern Territory.6 (2) This Act does not make the Crown liable to a pecuniary penalty or7 to be prosecuted for an offence.8

6 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 2—Definitions1 7 Definitions2 (1) In this Act:3 accredited body: see section 190.4 ACIC means the Australian Criminal Intelligence Commission5 continued in existence by section 23.6 ACIC employee means a person referred to in subsection 259(1).7 ACIC information:8 (a) means information:9 (i) that was acquired or prepared by or on behalf of the10 ACIC in connection with its functions; or11 (ii) that relates to the performance by the ACIC of its12 functions; but13 (b) does not include national policing information in relation to14 which the ACIC is neither the contributor nor a user.15 ACIC record:16 (a) means a record:17 (i) that was acquired or prepared by or on behalf of the18 ACIC in connection with its functions; or19 (ii) that relates to the performance by the ACIC of its20 functions; but21 (b) does not include a record that is national policing information22 in relation to which the ACIC is neither the contributor nor a23 user.24 ACIC staff member means:25 (a) an ACIC employee (see section 259); or26 (b) a consultant engaged under section 260; or27 (c) a person performing services for the ACIC under an28 agreement under section 262; or29 (d) a person assisting the ACIC under section 263.30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 7 adjoining premises, in relation to particular premises, means1 premises adjoining, or providing access to, the premises.2 adverse criminal intelligence assessment: see section 209.3 AFP Commissioner means the Commissioner of Police within the4 meaning of the Australian Federal Police Act 1979.5 agency means:6 (a) a Commonwealth agency; or7 (b) a State agency; or8 (c) a Territory agency; or9 (d) a person or body prescribed by the rules.10 agency direction: see subsection 47(3).11 AGO means that part of the Defence Department known as the12 Australian Geospatial-Intelligence Organisation.13 ancillary offence, in relation to an offence (the primary offence),14 means:15 (a) an offence of conspiring to commit the primary offence; or16 (b) an offence of aiding, abetting, counselling or procuring, or17 being in any way knowingly concerned in, the commission of18 the primary offence; or19 (c) an offence of attempting to commit the primary offence.20 appear, at an examination or before an examiner, has a meaning21 affected by subsection (2).22 applicant, when used in a provision in Part 7, means a person who23 has applied to the Tribunal for a review of an adverse criminal24 intelligence assessment.25 ART Act means the Administrative Review Tribunal Act 2024.26 ASD means the Australian Signals Directorate.27 ASIO means the Australian Security Intelligence Organisation.28 ASIS means the Australian Secret Intelligence Service.29

8 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 assistance order: see section 175.1 attend, in relation to an examination, has a meaning affected by2 subsection (2).3 audio link means facilities that enable audio communication4 between persons in different places.5 Example: Telephone facilities.6 authorisation means an authorisation issued by the Minister under7 subsection 41(1).8 background check has the same meaning as in section 5 of the9 AusCheck Act 2007.10 before an examiner, in relation to an examination, has a meaning11 affected by subsection (2).12 Chair means the Chair of the Committee.13 charged: a person is charged with an offence if a process for14 prosecuting the person for the offence commences.15 Charges Act means the Australian Criminal Intelligence16 Commission (National Policing Information Charges) Act 2026.17 CIO authority means an authority to conduct a controlled18 intelligence operation granted under section 130 or 133.19 CIO entrusted person means any of the following persons:20 (a) the Director-General;21 (b) an examiner;22 (c) an ACIC staff member;23 (d) a person (other than an ACIC staff member) who has entered24 into a contract, agreement or arrangement with the ACIC;25 (e) a civilian participant in a controlled intelligence operation.26 civilian participant, in a controlled intelligence operation, means a27 person who:28 (a) is a participant in the controlled intelligence operation; and29 (b) is not:30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 9 (i) an ACIC staff member; or1 (ii) an employee of a law enforcement agency or an2 intelligence or security agency.3 combat, in relation to serious and organised crime, includes4 identify, investigate, prevent, disrupt or prosecute.5 Committee means the National Policing Information Committee6 established under section 193.7 Committee member means a member of the Committee (including8 the Chair).9 Commonwealth agency means:10 (a) for a provision (other than a provision in Part 3 or Part 7) of11 this Act—an agency within the meaning of the Freedom of12 Information Act 1982 that is not an exempt agency; and13 (b) for a provision in Part 3 or Part 7 of this Act—an agency14 within the meaning of the Freedom of Information Act 198215 and includes an exempt agency.16 Commonwealth body means any of the following:17 (a) an Agency within the meaning of the Public Service Act18 1999;19 (b) a Department within the meaning of the Parliamentary20 Service Act 1999;21 (c) the Defence Force;22 (d) a body, whether incorporated or not, established, or23 continued in existence, for a public purpose by or under a law24 of the Commonwealth;25 (e) a body corporate in which the Commonwealth or a body26 referred to in paragraph (d) has a controlling interest;27 (f) a person who holds an office or appointment under a law of28 the Commonwealth.29 Commonwealth officer means:30 (a) a person who is a Commonwealth officer for the purposes of31 the Crimes Act 1914; or32 (b) an ACIC staff member who is not covered by paragraph (a).33

10 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Commonwealth place has the same meaning as in the1 Commonwealth Places (Application of Laws) Act 1970.2 compelled material: see subsections 108(1) and (2).3 computer means all or part of:4 (a) one or more computers; or5 (b) one or more computer systems; or6 (c) one or more computer networks; or7 (d) any combination of the above.8 confiscation proceeding: see section 18.9 constable means:10 (a) a member or special member of the Australian Federal11 Police; or12 (b) a member of the police force or police service of a State or13 Territory.14 constitutional corporation means a corporation to which15 paragraph 51(xx) of the Constitution applies.16 contributor, of national policing information: see subsection17 183(2).18 controlled conduct means conduct engaged in by a person for or in19 relation to which the person would, but for section 143, be subject20 to civil or criminal liability under a law of the Commonwealth, a21 State or a Territory (including the general law).22 controlled intelligence operation means an operation that:23 (a) involves the participation of one or more ACIC staff24 members; and25 (b) is carried out for a purpose relevant to the performance of the26 function set out in paragraph 24(a); and27 (c) may involve an ACIC staff member or other person engaging28 in controlled conduct.29 conveyance includes an aircraft, vehicle or vessel.30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 11 corrupt conduct has the same meaning as in the National1 Anti-Corruption Commission Act 2022.2 criminal intelligence assessment: see section 208.3 data storage device means a thing containing (whether temporarily4 or permanently), or designed to contain (whether temporarily or5 permanently), data for use by a computer.6 Examples: A disc or file server.7 deal with, in relation to an ACIC record, means:8 (a) copy the record; or9 (b) transcribe the record; or10 (c) retain the record; or11 (d) remove the record; or12 (e) otherwise use the record.13 derivative material: see section 109.14 DIO means that part of the Defence Department known as the15 Defence Intelligence Organisation.16 Director-General means the Director-General of the Australian17 Criminal Intelligence Commission.18 disclose, for compelled material or derivative material, includes:19 (a) to make available; and20 (b) to disclose copies, contents or descriptions of that material.21 document has the same meaning as in the Evidence Act 1995.22 electronic communication means a communication of information23 by means of guided and/or unguided electromagnetic energy:24 (a) whether between persons and persons, things and things or25 persons and things; and26 (b) whether in the form of:27 (i) speech, music or other sounds; or28 (ii) data; or29 (iii) text; or30 (iv) visual images, whether or not animated; or31

12 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (v) signals; and1 (c) whether in any other form or in any combination of forms.2 engage in conduct has the same meaning as in the Criminal Code.3 entrusted person means any of the following:4 (a) the Director-General;5 (b) an examiner;6 (c) an ACIC staff member;7 (d) a person (other than an ACIC staff member) who has entered8 into a contract, agreement or arrangement with the ACIC that9 provides for conditions relating to the communication or10 recording of ACIC information or the dealing with of ACIC11 records;12 (e) a person who is an employee or agent of a person mentioned13 in paragraph (d).14 examination means an examination under Division 3 of Part 3 of15 this Act, and includes such an examination in which a person16 appears, attends, is before an examiner or is present by way of17 video link, audio link or other means an examiner conducting the18 examination considers appropriate.19 examiner means a person appointed as an examiner under section20 251.21 exempt agency means a body specified, or the person holding an22 office specified, in Part I of Schedule 2 to the Freedom of23 Information Act 1982.24 exempt secrecy provision: see subsection 48(1).25 Federal Court means the Federal Court of Australia.26 federal offence: see subsection 10(2).27 Finance Minister means the Minister administering the Public28 Governance, Performance and Accountability Act 2013.29 firearms background check has the same meaning as in the30 AusCheck Act 2007.31

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 13 frisk search means both of the following:1 (a) a search of a person conducted by quickly running the hands2 over the person’s outer garments;3 (b) an examination of anything worn or carried by the person4 that is conveniently and voluntarily removed by the person.5 IGIS official (short for Inspector-General of Intelligence and6 Security official) means:7 (a) the Inspector-General of Intelligence and Security; or8 (b) any other person covered by subsection 32(1) of the9 Inspector-General of Intelligence and Security Act 1986.10 illicit goods means goods the possession of which is a11 contravention of a law of the Commonwealth, a State or a12 Territory.13 imminent: for when a charge for an offence, or a confiscation14 proceeding, is imminent, see subsections 15(1) and (2).15 in contempt of the ACIC: see section 85.16 intelligence or advisory function means any of the functions set17 out in the following:18 (a) paragraph 24(a);19 (b) paragraph 24(b);20 (c) paragraph 24(c);21 (d) paragraph 24(g);22 (e) paragraph 24(i), insofar as the doing of a thing is incidental23 or conducive to the performance of a function mentioned in24 paragraph (a), (b), (c) or (d) of this definition.25 intelligence or security agency means AGO, ASD, ASIO, ASIS,26 DIO or ONI.27 issuing officer means:28 (a) a Judge of the Federal Court; or29 (b) a Judge of the Federal Circuit and Family Court of Australia30 (Division 2); or31 (c) a Judge of a court of a State or Territory; or32

14 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (d) a magistrate.1 law enforcement agency means:2 (a) the Australian Federal Police; or3 (b) a police force of a State or Territory; or4 (c) a Commonwealth body, or an authority of a State or a5 Territory, that has functions relating to law enforcement.6 law enforcement or intelligence interests means interests in one or7 more of the following:8 (a) avoiding prejudice or disruption to national and international9 efforts relating to law enforcement, criminal intelligence,10 criminal investigation, foreign intelligence and security11 intelligence;12 (b) protecting the technologies and methods used to collect,13 analyse, secure or otherwise deal with, criminal intelligence,14 foreign intelligence or security intelligence;15 (c) the protection and safety of informants and of persons16 associated with informants;17 (d) ensuring that any of the following are not discouraged from18 giving information to a nation’s government and government19 agencies:20 (i) intelligence or security agencies;21 (ii) law enforcement agencies;22 (iii) foreign agencies responsible for intelligence, security or23 law enforcement;24 (e) avoiding disclosure of lawful methods or procedures for25 preventing, detecting, investigating, or dealing with matters26 arising out of, breaches or evasions of the law the disclosure27 of which would, or would be reasonably likely to, prejudice28 the effectiveness of those methods or procedures.29 law of the Commonwealth includes a law in force in an external30 Territory or the Jervis Bay Territory, so far as the law is so in force31 because of an Act providing for the acceptance, administration or32 government of that Territory.33 legal aid officer means:34

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 15 (a) a member or member of staff of an authority established by1 or under a law of a State or Territory for purposes that2 include providing legal assistance; or3 (b) a person to whom the Attorney-General has delegated the4 Attorney-General’s powers and functions under section 269.5 legal practitioner means a barrister, a solicitor, a barrister and6 solicitor, or a legal practitioner, of the High Court or of the7 Supreme Court of a State or Territory.8 national policing information: see subsection 181(3).9 National Policing Information Committee: see Committee.10 national policing information function means any of the functions11 set out in the following:12 (a) paragraph 24(d);13 (b) paragraph 24(e);14 (c) paragraph 24(i), insofar as the doing of a thing is incidental15 or conducive to the performance of a function mentioned in16 paragraph (a) or (b) of this definition.17 national policing information system: see subsection 181(1).18 National Policing Information Systems and Services Special19 Account (or Account) means the special account continued in20 existence by section 204.21 non-disclosure notation: see subsection 101(1).22 notice to produce: see section 50.23 officer of Customs has the meaning given by subsection 4(1) of the24 Customs Act 1901.25 official matter: see subsection 101(3).26 ONI means the Office of National Intelligence.27 ordinary search means a search of a person or of articles in the28 possession of a person that may include:29

16 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (a) requiring the person to remove the person’s overcoat, coat or1 jacket and any gloves, shoes or hat; and2 (b) an examination of those items.3 paid work means work for financial gain or reward (whether as an4 employee, a self-employed person or otherwise).5 participant, in a controlled intelligence operation, means a person6 who is authorised under Part 4 to engage in controlled conduct for7 the purposes of the controlled intelligence operation.8 personal information has the same meaning as in the Privacy Act9 1988.10 person search warrant: see section 161.11 post-charge: see section 13.12 post-confiscation application: see section 17.13 pre-charge: see section 12.14 pre-confiscation application: see section 16.15 premises includes any land, place or conveyance.16 premises search warrant: see section 157.17 prescribed administrative action: see section 210.18 present, at or during an examination, has a meaning affected by19 subsection (2).20 proceeds of crime authority: see section 20.21 produced item means a document or thing produced:22 (a) under a notice to produce; or23 (b) during an examination.24 prosecuting authority means an individual, or authority, authorised25 by or under a law of the Commonwealth or of a State or Territory26 to prosecute an offence.27 prosecutor, of a witness, means an individual:28

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 17 (a) who is a prosecuting authority or is employed or engaged by1 a prosecuting authority; and2 (b) who:3 (i) makes, or is involved in the making of, a decision4 whether to prosecute the witness for a relevant offence;5 or6 (ii) is one of the individuals engaging in such a prosecution7 of the witness.8 protected suspect: see subsection 15(3).9 record, when used as a noun, means:10 (a) a document (including any written or printed material); or11 (b) any other thing (including a sound recording, magnetic tape12 or disc, microform, photograph or film) by which words,13 images, sounds or signals (including electromagnetic14 emissions) are recorded or stored or from which information15 can be obtained;16 and includes part of a record.17 relevant confiscation proceeding: see section 19.18 relevant offence: see section 14.19 relevant to: the circumstances in which intelligence is relevant to20 serious and organised crime include where:21 (a) the intelligence is, or could be, relevant to combatting serious22 and organised crime; or23 (b) the intelligence may assist in determining whether:24 (i) there is a connection between a person, entity or group25 and serious and organised crime; or26 (ii) there is a connection between the activities of a person,27 entity or group and serious and organised crime.28 resolved: for when a charge for an offence, or a confiscation29 proceeding, is resolved: see section 21.30 returnable item: see section 232.31 rules means the rules made under section 275.32

18 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 search warrant means:1 (a) a premises search warrant; or2 (b) a person search warrant.3 search warrant item means a document or thing seized under a4 search warrant.5 secrecy provision: see subsection 48(2).6 security has the same meaning as in the Australian Security7 Intelligence Organisation Act 1979.8 senior position holder means a person referred to in paragraph (a),9 (b) or (c) of the definition of ACIC staff member who holds the10 position of, or performs the duties of, an SES employee, or an11 equivalent position, in the ACIC.12 serious and organised crime: see section 10.13 serious misconduct, by an ACIC employee, means:14 (a) corrupt conduct engaged in, a serious abuse of power, or a15 serious dereliction of duty, by the employee; or16 (b) any other seriously reprehensible act or behaviour by the17 employee, whether or not acting, or purporting to act, in the18 course of the employee’s duties as an ACIC employee.19 serious offence has the meaning given by subsection 3C(1) of the20 Crimes Act 1914.21 specified criminal intelligence assessment action: see subsection22 215(4).23 State agency means:24 (a) a Department of a State; or25 (b) an instrumentality of a State, including a body corporate26 established, or continued in existence, for a public purpose27 by or under a law of a State; or28 (c) a company in which the controlling interest is held by any29 one of the following persons, or by 2 or more of the30 following persons together:31 (i) the Crown in right of a State;32

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 19 (ii) a person or body covered by paragraph (b);1 (iii) a person or body covered by subparagraph (i) or (ii).2 State offence means an offence against a law of a State.3 State or Territory law enforcement agency has the meaning given4 by subsection 3ZQU(7) of the Crimes Act 1914.5 strip search means a search of a person or of articles in the6 possession of a person that may include:7 (a) requiring the person to remove all of their garments; and8 (b) an examination of the person’s body (but not of the person’s9 cavities) and of those garments.10 summons means a summons issued by an examiner under11 subsection 59(1).12 superior court judge: see subsection 94(3).13 Territory agency means:14 (a) a Department of a Territory; or15 (b) an instrumentality of a Territory, including a body corporate16 established, or continued in existence, for a public purpose17 by or under a law of a Territory; or18 (c) a company in which the controlling interest is held by any19 one of the following persons, or by 2 or more of the20 following persons together:21 (i) the Crown in right of the Australian Capital Territory or22 the Northern Territory;23 (ii) a person or body covered by paragraph (b);24 (iii) a person or body covered by subparagraph (i) or (ii).25 terrorism offence has the same meaning as in subsection 3(1) of26 the Crimes Act 1914.27 terrorist act has the same meaning as in subsection 100.1(1) of the28 Criminal Code.29 Tribunal means the Administrative Review Tribunal.30

20 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 use, for compelled material or derivative material, includes use of1 copies, contents or descriptions of that material.2 user, of national policing information: see subsections 184(3) and3 (5).4 video link means facilities that enable audio and visual5 communication between persons in different places.6 Examples: Closed-circuit television facilities and computer systems operating7 videoconferencing software.8 warranted power means any power of the ACIC that may only be9 exercised under the authority of a warrant.10 witness means:11 (a) when used in relation to a notice to produce—the person who12 is required to comply with the notice; or13 (b) when used in relation to a summons—the person who is14 required to comply with the summons; or15 (c) when used in relation to an examination—the person who is16 required to give evidence or information, or produce a17 document or thing, during the examination; or18 (d) when used in relation to compelled material—has the19 meaning given by subsection 108(4); or20 (e) when used in relation to derivative material—has the21 meaning given by subsection 108(5).22 (2) In this Act, a reference to a person:23 (a) appearing at an examination or before an examiner; or24 (b) attending an examination; or25 (c) being before an examiner at an examination; or26 (d) being present at or during an examination;27 includes a reference to the person so appearing, attending, being28 before an examiner or being present by way of video link, audio29 link or other means an examiner considers appropriate.30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 21 8 References to the Attorney-General1 Despite subsection 19(1) of the Acts Interpretation Act 1901, a2 reference in this Act to the Attorney-General is a reference only to3 the Minister with that title.4 Note: A reference in this Act to the Attorney-General may include a5 reference to a person acting as the Attorney-General: see6 subsection 19(4) of the Acts Interpretation Act 1901.7

9 Substitution of references to the Attorney-General8 Unless the Prime Minister is satisfied that exceptional9 circumstances exist, the Governor-General must not make a10 substituted reference order under subsection 19B(2) of the Acts11 Interpretation Act 1901 that relates to a provision of this Act that12 refers to the Attorney-General.13

22 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 3—Key Concepts1 10 Meaning of serious and organised crime2 (1) For the purposes of this Act, serious and organised crime means a3 federal offence that may have been committed, may presently be4 being committed, or may in future be committed, in circumstances5 involving:6 (a) 2 or more offenders; and7 (b) substantial planning or organisation; and8 (c) the use of sophisticated methods and techniques.9 (2) A federal offence is an offence:10 (a) against a law of the Commonwealth; or11 (b) against a law of a State that has a federal aspect;12 that is:13 (c) punishable by imprisonment for a period of 2 years or more;14 or15 (d) prescribed by the rules.16 Note: See section 11 for when a State offence has a federal aspect.17 Interpretation18 (3) For the purposes of this section, State includes the Australian19 Capital Territory and the Northern Territory.20

11 When a State offence has a federal aspect21 Object22 (1) The object of this section is to identify State offences that have a23 federal aspect because:24 (a) the offence falls within Commonwealth legislative power25 because of:26 (i) the elements of the State offence; or27

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 23 (ii) the circumstances in which the State offence was1 committed (whether or not those circumstances are2 expressed to be elements of the offence); or3 (b) the ACIC performing its intelligence or advisory functions in4 relation to the offence is incidental to the ACIC performing5 its intelligence or advisory functions in relation to an offence6 against a law of the Commonwealth.7 Federal aspect8 (2) For the purposes of this Act, a State offence has a federal aspect if,9 and only if:10 (a) both:11 (i) the State offence is not an ancillary offence; and12 (ii) assuming that the provision creating the State offence13 had been enacted by the Parliament of the14 Commonwealth instead of by the Parliament of the15 State—the provision would have been a valid law of the16 Commonwealth; or17 (b) both:18 (i) the State offence is an ancillary offence that relates to a19 particular primary offence; and20 (ii) assuming that the provision creating the primary offence21 had been enacted by the Parliament of the22 Commonwealth instead of by the Parliament of the23 State—the provision would have been a valid law of the24 Commonwealth; or25 (c) assuming that the Parliament of the Commonwealth had26 enacted a provision that created an offence penalising the27 specific acts or omissions involved in committing the State28 offence—that provision would have been a valid law of the29 Commonwealth; or30 (d) both:31 (i) the ACIC is performing its intelligence or advisory32 functions in relation to an offence against a law of the33 Commonwealth; and34 (ii) if the ACIC is performing, or were to perform, its35 intelligence or advisory functions in relation to the State36

24 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 offence—that performance of those functions is, or1 would be, incidental to the performance of the ACIC’s2 functions mentioned in subparagraph (i).3 Specificity of acts or omissions4 (3) For the purposes of paragraph (2)(c), the specificity of the acts or5 omissions involved in committing a State offence is to be6 determined by having regard to the circumstances in which the7 offence was committed (whether or not those circumstances are8 expressed to be elements of the offence).9 State offences covered by paragraph (2)(c)10 (4) A State offence is taken to be covered by paragraph (2)(c) if:11 (a) the State offence affects the interests of:12 (i) the Commonwealth; or13 (ii) a Commonwealth body; or14 (iii) a constitutional corporation; or15 (b) the State offence was committed by a constitutional16 corporation; or17 (c) the State offence was committed in a Commonwealth place;18 or19 (d) the State offence involved the use of a postal service or other20 like service; or21 (e) the State offence involved an electronic communication; or22 (f) the State offence involved trade or commerce:23 (i) between Australia and places outside Australia; or24 (ii) among the States; or25 (iii) within a Territory, between a State and a Territory or26 between 2 Territories; or27 (g) the State offence involved:28 (i) banking (other than State banking not extending beyond29 the limits of the State concerned); or30 (ii) insurance (other than State insurance not extending31 beyond the limits of the State concerned); or32 (h) the State offence relates to a matter outside Australia.33

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 25 (5) Subsection (4) does not limit paragraph (2)(c).1 Interpretation2 (6) For the purposes of this section, State includes the Australian3 Capital Territory and the Northern Territory.4 12 When an event is pre-charge5 (1) An event covered by subsection (2) is a pre-charge event in6 relation to a person if it happens at a time when:7 (a) the person has not been charged with a relevant offence and8 such a charge is not imminent; or9 (b) all such charges have been resolved.10 (2) The events are as follows:11 (a) a notice to produce is issued to the person;12 (b) a summons is issued for the person to attend an examination13 as a witness;14 (c) an examination commences at which the person is to appear15 as a witness;16 (d) a requirement is imposed under section 65 for the person to17 give information, or produce a document or thing;18 (e) a determination is made under section 66 to expand the19 purposes of an examination at which the person is a witness;20 (f) questioning of the person begins during an examination;21 (g) material that relates to the person becomes compelled22 material;23 (h) compelled material, or derivative material, that relates to the24 person is used or disclosed.25

13 When an event is post-charge26 (1) An event covered by subsection (2) is a post-charge event in27 relation to a person if it happens at a time when:28 (a) the person has been charged with a relevant offence and that29 charge is still to be resolved; or30 (b) such a charge is imminent.31

26 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (2) The events are as follows:1 (a) a notice to produce is issued to the person;2 (b) a summons is issued for the person to attend an examination3 as a witness;4 (c) an examination commences at which the person is to appear5 as a witness;6 (d) a requirement is imposed under section 65 for the person to7 give information, or produce a document or thing;8 (e) a determination is made under section 66 to expand the9 purposes of an examination at which the person is a witness;10 (f) questioning of the person begins during an examination;11 (g) material that relates to the person becomes compelled12 material;13 (h) compelled material, or derivative material, that relates to the14 person is used or disclosed.15 14 When an offence is a relevant offence16 An offence is a relevant offence if:17 (a) in the case of compelled material, derivative material or a18 witness—the subject matter of the notice to produce or19 examination, as relevant, relates to the subject matter of the20 offence; or21 (b) in the case of a summons—the subject matter of the22 summons relates to the subject matter of the offence; or23 (c) in the case of a determination made under subsection 66(1)—24 the subject matter of the authorisation mentioned in that25 subsection relates to the subject matter of the offence.26 Note: The subject matter of an examination may expand during the27 examination if the purposes of the examination are expanded by a28 determination made under subsection 66(1).29

15 Meaning of imminent and protected suspect30 When a charge for an offence is imminent31 (1) A charge for an offence is imminent for a person if:32 (a) the person is a protected suspect; or33

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 27 (b) the person is under arrest for the offence, but has not been1 charged with the offence; or2 (c) a person with authority to commence a process for3 prosecuting the person for the offence has decided to4 commence, but has not yet commenced, the process.5 Note: Paragraph (1)(c) would apply, for example, if a person with authority6 to lay a charge has decided to lay, but not yet laid, the charge.7 When a confiscation proceeding is imminent8 (2) A confiscation proceeding against a person is imminent if a person9 with authority to commence the proceeding has decided to10 commence, but has not yet commenced, the proceeding.11 Meaning of protected suspect12 (3) Each of the following is a protected suspect:13 (a) a protected suspect (within the meaning of Part IC of the14 Crimes Act 1914);15 (b) a person who would be covered by paragraph (a) if the16 definition of Commonwealth offence in section 23B of that17 Act included any offence against a law of a State or18 Territory.19 16 When an event is pre-confiscation application20 (1) An event covered by subsection (2) is a pre-confiscation21 application event in relation to a person if it happens at a time22 when:23 (a) a relevant confiscation proceeding has not commenced24 against the person and such a proceeding is not imminent; or25 (b) all such proceedings have been resolved.26 (2) The events are as follows:27 (a) a notice to produce is issued to the person;28 (b) a summons is issued for the person to attend an examination29 as a witness;30 (c) an examination commences at which the person is to appear31 as a witness;32

28 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (d) a requirement is imposed under section 65 for the person to1 give information, or produce a document or thing;2 (e) a determination is made under section 66 to expand the3 purposes of an examination at which the person is a witness;4 (f) questioning of the person begins during an examination;5 (g) material that relates to the person becomes compelled6 material;7 (h) compelled material, or derivative material, that relates to the8 person is used or disclosed.9

17 When an event is post-confiscation application10 (1) An event covered by subsection (2) is a post-confiscation11 application event in relation to a person if it happens at a time12 when:13 (a) a relevant confiscation proceeding has commenced against14 the person and that proceeding is still to be resolved; or15 (b) such a proceeding is imminent.16 (2) The events are as follows:17 (a) a notice to produce is issued to the person;18 (b) a summons is issued for the person to attend an examination19 as a witness;20 (c) an examination commences at which the person is to appear21 as a witness;22 (d) a requirement is imposed under section 65 for the person to23 give information, or produce a document or thing;24 (e) a determination is made under section 66 to expand the25 purposes of an examination at which the person is a witness;26 (f) questioning of the person begins during an examination;27 (g) material that relates to the person becomes compelled28 material;29 (h) compelled material, or derivative material, that relates to the30 person is used or disclosed.31 18 Meaning of confiscation proceeding32 (1) A confiscation proceeding means a proceeding under:33

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 29 (a) the Proceeds of Crime Act 2002 (the Act); or1 (b) a corresponding law within the meaning of the Act.2 (2) A prosecution for an offence under the Act or a corresponding law3 is not a confiscation proceeding.4 (3) A proceeding is taken to be a confiscation proceeding against a5 person if:6 (a) for a proceeding under the Act—the person is a suspect7 (within the meaning of the Act) for the proceeding; or8 (b) for a proceeding under a corresponding law—the person is in9 a corresponding category for that law.10

19 When a confiscation proceeding is a relevant confiscation11 proceeding12 A confiscation proceeding is a relevant confiscation proceeding if:13 (a) in the case of compelled material, derivative material or a14 witness—the subject matter of the notice to produce or15 examination, as relevant, relates to the subject matter of the16 proceeding; or17 (b) in the case of a summons—the subject matter of the18 summons relates to the subject matter of the proceeding; or19 (c) in the case of a determination made under subsection 66(1)—20 the subject matter of the authorisation mentioned in that21 subsection relates to the subject matter of the proceeding.22 Note: The subject matter of an examination may expand during the23 examination if the purposes of the examination are expanded by a24 determination made under subsection 66(1).25 20 Meaning of proceeds of crime authority26 Each of the following is a proceeds of crime authority:27 (a) a proceeds of crime authority within the meaning of the28 Proceeds of Crime Act 2002;29 (b) an authority of a State or Territory responsible for conducting30 a confiscation proceeding under a corresponding law (within31 the meaning of the Proceeds of Crime Act 2002).32

30 Australian Criminal Intelligence Commission Bill 2026 No. , 2026

21 When a charge or confiscation proceeding is resolved1 Charge for an offence2 (1) A charge for an offence is resolved in relation to a person at the3 latest of the following times:4 (a) when:5 (i) the charge is withdrawn; or6 (ii) the charge is dismissed; or7 (iii) the person is not committed on the charge following a8 committal hearing; or9 (iv) the person is acquitted of the offence; or10 (v) the person is sentenced for the offence; or11 (vi) the person is dealt with by being the subject of an order12 made as a consequence of a finding of guilt; or13 (vii) the charge is otherwise finally dealt with;14 (b) if an appeal relating to a conviction for the offence the15 subject of the charge is not lodged within the period for16 lodging such an appeal—when that period ends;17 (c) if an appeal relating to a conviction for the offence the18 subject of the charge is lodged—when the appeal lapses or is19 finally determined.20 (2) Despite paragraph (1)(b), if an appeal relating to a conviction for21 an offence the subject of the charge is lodged after that period22 ends, the charge ceases to be resolved until that appeal lapses or is23 finally determined.24 Confiscation proceedings25 (3) A confiscation proceeding is resolved in relation to a person at the26 latest of the following times:27 (a) when the proceeding is discontinued;28 (b) if an appeal relating to the proceeding is not lodged within29 the period for lodging such an appeal—when that period30 ends;31 (c) if an appeal relating to the proceeding is lodged—when the32 appeal lapses or is finally determined.33

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 31 (4) Despite paragraph (3)(b), if an appeal relating to the proceeding is1 lodged after that period ends, the proceeding ceases to be resolved2 until that appeal lapses or is finally determined.3

32 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Part 2—The Australian Criminal Intelligence1 Commission2 Division 1—Preliminary3 22 Simplified outline of this Part4 The Australian Criminal Intelligence Commission is continued in5 existence by this Act. The ACIC consists of the Director-General,6 the examiners and ACIC staff members.7 The ACIC has the function of obtaining intelligence relevant to8 serious and organised crime and communicating that intelligence to9 combat such crime. It also has several other functions, such as10 providing nationally coordinated criminal history check services11 and making criminal intelligence assessments.12 The ACIC may cooperate with other agencies for purposes relating13 to the ACIC’s functions or the other agency’s functions.14 The ACIC is under the control of the Director-General. The15 Director-General is responsible for managing the affairs of the16 ACIC and ensuring the ACIC performs its functions. The Minister17 may give limited directions to the Director-General.18 The Minister may make guidelines relating to personal information19 and other matters.20

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 33

Division 2—The Australian Criminal Intelligence1 Commission2

23 The Australian Criminal Intelligence Commission3 (1) The agency known immediately before the commencement of this4 subsection as the Australian Criminal Intelligence Commission5 established by the Australian Crime Commission Act 2002 is6 continued in existence with that name.7 Note: See also section 25B of the Acts Interpretation Act 1901.8 (2) The ACIC consists of:9 (a) the Director-General; and10 (b) the examiners; and11 (c) ACIC staff members.12 (3) For the purposes of the finance law (within the meaning of the13 Public Governance, Performance and Accountability Act 2013):14 (a) the ACIC is a listed entity; and15 (b) the Director-General is the accountable authority of the16 ACIC; and17 (c) the following persons are officials of the ACIC:18 (i) the Director-General;19 (ii) the examiners;20 (iii) ACIC employees (see section 259);21 (iv) consultants engaged under section 260;22 (v) persons performing services for the ACIC under an23 agreement under section 262; and24 (d) the purposes of the ACIC include:25 (i) the functions of the ACIC referred to in section 24; and26 (ii) the functions of the Director-General referred to in27 section 34.28 24 Functions of the ACIC29 The ACIC has the following functions:30

34 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (a) to obtain, correlate, analyse and evaluate intelligence relevant1 to serious and organised crime;2 (b) for purposes connected with combatting serious and3 organised crime—to communicate intelligence relevant to4 serious and organised crime to such persons, and in such5 manner, as are appropriate to those purposes;6 (c) for purposes connected with combatting serious and7 organised crime—to obtain, correlate, analyse and evaluate8 intelligence relevant to, and provide advice to any person or9 body about, any of the following:10 (i) strategic or emerging crime trends;11 (ii) criminal activity;12 (iii) preventing crime;13 (d) to correlate, provide access to and facilitate the exchange of14 national policing information, and to provide systems and15 services for those purposes;16 (e) to provide nationally coordinated criminal history check17 services, and to regulate persons and bodies in relation to18 such services;19 (f) to make and give criminal intelligence assessments in20 accordance with Part 7;21 (g) to cooperate with and assist persons and bodies referred to in22 section 29 in accordance with that section;23 (h) such other functions as are conferred on the ACIC by other24 provisions of this Act or by any other Act;25 (i) to do anything incidental or conducive to the performance of26 any of the above functions.27

25 Use of information or intelligence obtained by the ACIC28 (1) If the ACIC obtains particular information or intelligence in the29 course of performing one or more of its functions, nothing in this30 Act is taken to prevent the ACIC from using the information or31 intelligence in the performance of any of its other functions.32 (2) To avoid doubt, the use of the information or intelligence is subject33 to any other provision of this Act that restricts the use of the34 information or intelligence.35

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 35 26 Incidental powers of the ACIC1 (1) The ACIC has power to do all things necessary to be done for or in2 connection with, or reasonably incidental to, the performance of its3 functions.4 (2) Nothing in this Act limits the generality of this section.5

27 Cooperation with other agencies etc. in connection with6 performance of the ACIC’s own functions7 (1) The ACIC may cooperate with the following persons or bodies so8 far as necessary for, or conducive to, the performance of the9 ACIC’s functions:10 (a) an intelligence or security agency;11 (b) a law enforcement agency;12 (c) a Commonwealth body;13 (d) a State agency;14 (e) a Territory agency;15 (f) an authority of another country that is approved by the16 Director-General as being capable of assisting the ACIC in17 the performance of its functions;18 (g) an international body that is approved by the19 Director-General as being capable of assisting the ACIC in20 the performance of its functions.21 (2) The Director-General may, in writing, approve the following:22 (a) an authority for the purposes of paragraph (1)(f);23 (b) an international body for the purposes of paragraph (1)(g).24 (3) The Director-General must:25 (a) as soon as practicable after making the approval, notify the26 Inspector-General of Intelligence and Security of that fact;27 and28 (b) ensure that a copy of the approval is kept by the ACIC; and29 (c) ensure that the copy is available on request by the30 Inspector-General of Intelligence and Security.31

36 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 28 Policing support by Australian Federal Police to be by agreement1 (1) The Director-General, on behalf of the ACIC, and the AFP2 Commissioner, on behalf of the Australian Federal Police, must3 enter into a written agreement in relation to the provision of4 policing support by the Australian Federal Police to the ACIC for5 the purposes of assisting or cooperating with the ACIC in the6 performance of the ACIC’s functions.7 (2) Any policing support provided by the Australian Federal Police to8 the ACIC for the purposes mentioned in subsection (1) must be9 provided in accordance with the agreement mentioned in that10 subsection.11 (3) To avoid doubt:12 (a) an agreement under subsection (1) in relation to the policing13 support must be in force before the policing support is14 provided; and15 (b) this section does not otherwise limit the ACIC’s power to16 cooperate with the Australian Federal Police or another law17 enforcement agency for the purposes of paragraph 27(1)(b).18

29 Cooperation with other agencies etc. in connection with19 performance of their functions20 (1) The ACIC may cooperate with and assist any of the following21 persons or bodies in the performance of the functions of the person22 or body:23 (a) an intelligence or security agency;24 (b) a law enforcement agency;25 (c) a Commonwealth body;26 (d) a State agency prescribed by the rules;27 (e) a Territory agency prescribed by the rules.28 (2) However, the ACIC may only do so:29 (a) subject to any arrangements made or directions given by the30 Minister; and31 (b) on request by:32

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 37 (i) in the case of cooperation with or assistance to a1 person—that person; or2 (ii) in the case of cooperation with or assistance to a body—3 the head (however described) of the body.4 (3) Without limiting subsection (1), in cooperating with or assisting a5 person or body in accordance with this section, the ACIC may6 make the services of any of the following, and other resources of7 the ACIC, available to the person or body:8 (a) ACIC employees (see section 259);9 (b) consultants engaged under section 260;10 (c) persons performing services for the ACIC under an11 agreement under section 262.12 30 Constitutional limits of national policing information functions13 (1) The ACIC may perform its national policing information functions14 only in accordance with this section.15 Main constitutional basis16 (2) The ACIC may perform its national policing information functions17 with respect to activities that are peculiarly adapted to the18 government of a nation and cannot otherwise be carried on for the19 benefit of the nation.20 Other constitutional bases21 (3) In addition, the ACIC may perform its national policing22 information functions with respect to:23 (a) a postal, telegraphic, telephonic or other like service; or24 (b) a Territory, including in a Territory; or25 (c) a Commonwealth place, including in a Commonwealth place;26 or27 (d) trade and commerce:28 (i) between Australia and places outside Australia; or29 (ii) among the States; or30 (iii) within a Territory, between a State and a Territory or31 between 2 Territories; or32

38 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (e) external affairs, including:1 (i) giving effect to any international agreement to which2 Australia is a party; and3 (ii) by way of the performance of the national policing4 information functions in, or in relation to, a place5 outside Australia; or6 (f) the influx of criminals into Australia; or7 (g) the service and execution throughout the Commonwealth of8 the civil and criminal process and the judgments of the courts9 of the States; or10 (h) the executive power of the Commonwealth; or11 (i) matters incidental to the execution of any of the legislative12 powers of the Parliament or the executive power of the13 Commonwealth.14 Meaning of terms15 (4) A term used in this section and the Constitution has the same16 meaning in this section as it has in the Constitution.17

31 Fees in relation to national policing information functions18 (1) The ACIC may, on behalf of the Commonwealth, charge fees19 prescribed by the rules for goods or services that are provided by20 the ACIC in the course of performing its national policing21 information functions.22 (2) Without limiting the scope of rules that may be made for the23 purposes of subsection (1), or subsection 33(3A) of the Acts24 Interpretation Act 1901, the rules may do one or more of the25 following:26 (a) prescribe a fee by specifying the amount of the fee or a27 method of working out the fee;28 (b) prescribe 2 or more fees for the same matter;29 (c) specify the circumstances in which a specified fee is payable,30 including by providing that the fee is payable if the ACIC is31 satisfied of specified matters;32 (d) prescribe different fees for different classes of persons or33 activities;34

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 39 (e) specify that the amount of a fee is the cost (including the1 internal cost) incurred by the ACIC or the Commonwealth in2 arranging and paying for another person to carry out the3 relevant activity;4 (f) prescribe circumstances in which a person is exempt from5 paying a specified fee;6 (g) make provision for when and how fees are to be paid;7 (h) make provision in relation to penalties for late payment of8 specified fees;9 (i) make provision in relation to the circumstances in which the10 ACIC may refund, remit or waive fees or penalties for late11 payment of fees.12 (3) However, rules made for the purposes of subsection (1) must not13 provide for the charging of a fee for goods or services that are14 provided by the ACIC in the course of performing its national15 policing information functions if charge is imposed by the Charges16 Act in relation to the goods or services.17 (4) The amount of a fee may be nil.18 (5) A fee charged under subsection (1) must not be such as to amount19 to taxation.20 (6) A fee charged under subsection (1):21 (a) is a debt due to the ACIC, on behalf of the Commonwealth;22 and23 (b) is recoverable by the ACIC, on behalf of the Commonwealth,24 in a court of competent jurisdiction.25

32 National policing information charges26 Payment of charge27 (1) Charge imposed by the Charges Act on an application to the ACIC28 for a nationally coordinated criminal history check service is29 payable to the ACIC, on behalf of the Commonwealth.30

40 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (2) An amount of charge imposed by the Charges Act on an1 application to the ACIC for a nationally coordinated criminal2 history check service:3 (a) is a debt due to the Commonwealth; and4 (b) is recoverable by the ACIC, on behalf of the Commonwealth,5 in a court of competent jurisdiction.6 Waiver etc. of charge7 (3) The ACIC may, on behalf of the Commonwealth:8 (a) waive or reduce charge imposed by the Charges Act on an9 application for a nationally coordinated criminal history10 check service in the circumstances prescribed by the rules for11 the purposes of this paragraph; or12 (b) refund, in whole or in part, charge imposed by the Charges13 Act on an application for a nationally coordinated criminal14 history check service in the circumstances prescribed by the15 rules for the purposes of this paragraph.16 Commonwealth liability for charge17 (4) The Commonwealth is not liable to pay charge imposed by the18 Charges Act. However, it is the Parliament’s intention that the19 Commonwealth should be notionally liable to pay such a charge.20 (5) The Finance Minister may give such written directions as are21 necessary or convenient for carrying out or giving effect to22 subsection (4) and, in particular, may give directions in relation to23 the transfer of money within an account, or between accounts,24 operated by the Commonwealth.25 (6) Directions under subsection (5) have effect, and must be complied26 with, despite any other Commonwealth law.27 (7) Directions under subsection (5) are not legislative instruments.28 (8) In subsections (4) and (5):29 Commonwealth includes a Commonwealth entity (within the30 meaning of the Public Governance, Performance and31

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 41 Accountability Act 2013) that cannot be made liable to taxation by1 a Commonwealth law.2

42 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 3—The Director-General of the ACIC1 33 Director-General2 There is to be a Director-General of the Australian Criminal3 Intelligence Commission.4 34 Functions of Director-General5 (1) The Director-General has the following functions:6 (a) to manage the affairs of the ACIC;7 (b) to ensure the ACIC performs its functions;8 (c) any other functions conferred on the Director-General by this9 Act or another Act;10 (d) to do anything incidental or conducive to the performance of11 any of the above functions.12 (2) The Director-General has power to do all things necessary or13 convenient to be done for or in connection with the performance of14 the Director-General’s functions.15

35 Control of the ACIC16 The ACIC is under the control of the Director-General.17 36 Independence of Director-General18 Subject to this Act and any other laws of the Commonwealth, the19 Director-General:20 (a) has complete discretion in the performance of the21 Director-General’s functions, and the exercise of the22 Director-General’s powers, under this Act; and23 (b) is not subject to direction by any person in relation to the24 performance of those functions or the exercise of those25 powers.26 Note: The Minister may give directions to the Director-General in limited27 circumstances: see section 37.28

The Director-General of the ACIC Division 3 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 43

37 Minister may give directions of specific nature to1 Director-General2 Minister may give directions3 (1) If the Minister is satisfied that it is necessary in the public interest4 to do so, the Minister may give written directions of a specific5 nature to the Director-General about the performance of the6 Director-General’s functions, or the exercise of the7 Director-General’s powers, under this Act.8 Limitations and requirements9 (2) However, the Minister must not give a direction in relation to the10 content of, or any conclusions to be reached in, any advice, report11 or assessment (however described) by the ACIC or the12 Director-General under this Act.13 (3) In giving a direction under subsection (1), the Minister must not14 override the opinion of the Director-General:15 (a) on the question of whether the collection of intelligence by16 the ACIC concerning a particular person, entity or group17 would, or would not, be consistent with ACIC’s functions; or18 (b) on the question of whether a communication of intelligence19 concerning a particular person, entity or group would be20 consistent with the ACIC’s functions;21 unless the Minister sets out, in the direction, the Minister’s reasons22 for overriding the opinion of the Director-General.23 Note: See section 38 for additional requirements in relation to such24 directions.25 Compliance with directions26 (4) The Director-General must comply with a direction under27 subsection (1).28 (5) Subsection (4) does not apply to the extent that the direction relates29 to the Director-General’s performance of functions, or exercise of30 powers, under the following Acts in relation to the ACIC:31 (a) the Public Service Act 1999;32

44 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (b) the Public Governance, Performance and Accountability Act1 2013.2 Consultation before giving directions3 (6) The Minister must consult the Director-General and the Secretary4 of the Department before giving a direction under subsection (1).5 (7) The Minister must also consult the National Policing Information6 Committee before giving a direction under subsection (1) in7 respect of the performance of the Director-General’s functions8 relating to national policing information.9 Copies of directions10 (8) The Minister must give the Inspector-General of Intelligence and11 Security and the Secretary of the Department a copy of any12 direction given under subsection (1) as soon as practicable after13 giving the direction.14 Tabling in Parliament15 (9) The Minister must table, in each House of the Parliament, a16 statement that a direction under this section was given to the17 Director-General as soon as practicable after giving the direction.18 Status of instruments19 (10) The following are not legislative instruments:20 (a) a direction under subsection (1);21 (b) a statement under subsection (9).22 38 Additional requirements—directions overriding opinion of23 Director-General24 (1) This section applies if the Minister gives a direction of a kind25 mentioned in subsection 37(3) overriding the opinion of the26 Director-General.27 (2) The Minister must give a copy of the direction to the Prime28 Minister.29

The Director-General of the ACIC Division 3 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 45 Note: A copy must also be given to the Inspector-General of Intelligence1 and Security and the Secretary of the Department: see subsection2 37(8).3 (3) If intelligence is collected or communicated in accordance with the4 direction, the Director-General must ensure that a record is kept of5 the intelligence collected or communicated.6

39 Ministerial guidelines7 Minister must make guidelines relating to use etc. of personal8 information9 (1) The Minister must make written guidelines relating to the10 collection, retention, use, disclosure and destruction of personal11 information in the performance of functions, or the exercise of12 powers, under this Act.13 Minister may make guidelines relating to other matters14 (2) The Minister may make written guidelines otherwise relating to the15 performance of functions, or the exercise of powers, under this16 Act.17 Consultation before making guidelines18 (3) Before making guidelines under this section, the Minister must19 consult:20 (a) if the Minister is not the Attorney-General—the21 Attorney-General; and22 (b) the Director-General; and23 (c) the Secretary of the Department; and24 (d) the Inspector-General of Intelligence and Security.25 Failure to comply with guidelines does not affect validity of things26 done27 (4) To avoid doubt, a failure by the ACIC to have regard to or comply28 with guidelines made under this section does not affect the validity29 of anything done by the ACIC.30

46 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Directions prevail over guidelines1 (5) Directions given under subsection 37(1) prevail over any2 guidelines made under this section to the extent of any3 inconsistency.4 Guidelines must be published5 (6) Guidelines made under this section must be published on the6 Department’s website as soon as practicable after being made,7 except to the extent that the guidelines contain information that has8 a protective security classification.9 Guidelines not legislative instruments10 (7) Guidelines made under this section are not legislative instruments.11

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 47

Part 3—Coercive Powers1 40 Simplified outline of this Part3 An examiner may, for the purposes of obtaining intelligence4 relevant to serious and organised crime:5 (a) require a person to give information, or produce a6 document or thing, by giving the person a notice to7 produce; or8 (b) conduct an examination and summon a person to attend9 the examination.10 However, an examiner may only do so if the Minister has issued an11 authorisation that identifies the serious and organised crime and the12 examiner reasonably suspects that the person has information, a13 document or a thing that would assist the ACIC to obtain14 intelligence relevant to the serious and organised crime.15 A person must comply with a notice to produce or a summons to16 attend an examination. There are offences for failing to comply,17 giving false or misleading information, or destroying information,18 documents or things.19 An examiner may include a non-disclosure notation in a notice to20 produce or a summons, which prohibits the disclosure of21 information about the notice or summons.22 Information, documents and things that are given under a notice to23 produce or during an examination are subject to special24 protections. An examiner may make a direction that the25 information, documents and things must not be used or disclosed,26 or may only be used or disclosed in limited circumstances.27

48 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Certain privileges and protections apply to persons who are1 compelled to give information, documents or things to the ACIC2 under this Part.3

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 49 Division 2—Authorisations for coercive powers1

41 Minister may issue authorisations2 (1) The Minister may issue an authorisation identifying serious and3 organised crime in relation to which the ACIC may exercise the4 powers in this Part.5 Note: An authorisation must be in force before an examiner may exercise6 certain powers, including to hold an examination under section 58 or7 to give a person a notice to give information or produce a document or8 thing under section 50.9 (2) The only condition for the exercise of the power to issue an10 authorisation under subsection (1) is that the Minister is satisfied11 that it is in the public interest to issue the authorisation.12 (3) Without limiting the matters that the Minister may take into13 account in deciding whether issuing an authorisation is in the14 public interest, the Minister may take into account the following:15 (a) the potential economic or social harm associated with the16 serious and organised crime to which the authorisation17 relates;18 (b) the extent to which intelligence relevant to the serious and19 organised crime to which the authorisation relates is likely to20 support law enforcement agencies or intelligence or security21 agencies to combat serious and organised crime;22 (c) if the authorisation relates to one or more categories of23 entities, groups or suspected offenders—the extent to which24 entities, groups or suspected offenders covered by those25 categories are involved, or appear to be involved, in serious26 and organised crime;27 (d) if the authorisation relates to one or more specific entities,28 groups or suspected offenders—the extent to which those29 entities, groups or suspected offenders are involved, or30 appear to be involved, in serious and organised crime;31 (e) if the authorisation relates to one or more categories of32 serious and organised crime—the prevalence, or suspected33 prevalence, of those categories;34

Division 2 Authorisations for coercive powers

50 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (f) if the authorisation relates to one or more federal offences or1 categories of federal offences—the prevalence, or suspected2 prevalence, of those offences or categories of offences.3 (4) The authorisation may identify the serious and organised crime to4 which an authorisation relates at whatever level of generality the5 Minister considers appropriate.6 (5) Without limiting subsection (4), an authorisation may identify the7 serious and organised crime by reference to:8 (a) one or more categories of serious and organised crime; or9 (b) one or more categories of entities, groups or suspected10 offenders; or11 (c) one or more specific allegations of serious and organised12 crime; or13 (d) one or more specific entities, groups or suspected offenders;14 or15 (e) one or more federal offences or categories of federal16 offences; or17 (f) any combination of the above.18 (6) To avoid doubt:19 (a) in deciding whether issuing an authorisation is in the public20 interest, the Minister is not required to consider any of the21 matters in paragraphs (3)(a) to (e); and22 (b) an authorisation is not required to specify:23 (i) any particular conduct or transaction to which, or any24 particular person to whom, the authorisation relates; or25 (ii) any timeframe within which any serious and organised26 crime may have been, may be being, or may in future27 be, committed.28 Notice and record of decision29 (7) As soon as practicable after issuing an authorisation, the Minister30 must:31 (a) cause the Director-General to be informed of the issuance of32 the authorisation; and33 (b) cause the authorisation to be given to the Director-General.34

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 51 Issuance of further authorisation not prevented1 (8) Nothing in this Act prevents the Minister from issuing an2 authorisation in relation to any or all of the same serious and3 organised crime identified in an earlier authorisation.4 Authorisation not legislative instrument5 (9) An authorisation issued under subsection (1) is not a legislative6 instrument.7

42 Form and content of authorisations8 An authorisation must:9 (a) be in writing; and10 (b) be signed by the Minister; and11 (c) state the day and time it is issued; and12 (d) state that it authorises the exercise of the ACIC’s coercive13 powers in this Part in accordance with its terms; and14 (e) specify when the authorisation ceases to be in force, which15 must be before the end of the period of 12 months beginning16 on the day after the day the authorisation comes into force.17 Note: Where the period for which the authorisation is in force is extended,18 or further extended, in accordance with section 44, the authorisation,19 as extended, must cease to be in force before the end of 36 months20 beginning on the day after the day the authorisation comes into force.21

43 When authorisation is in force22 (1) An authorisation comes into force immediately after the23 authorisation is issued.24 (2) The authorisation ceases to be in force:25 (a) unless paragraph (b) applies—at the time specified in the26 authorisation in accordance with paragraph 42(e) (subject to27 any variation in accordance with section 44); or28 (b) if the authorisation is revoked under subsection 45(1),—at29 the time the Director-General is informed of the revocation.30

Division 2 Authorisations for coercive powers 52 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 44 Minister may vary authorisation1 Minister may vary authorisation2 (1) The Minister may vary an authorisation.3 (2) To avoid doubt, subsections 41(2) and (3) and paragraph 41(6)(a)4 apply in the same way to the varying of an authorisation as they do5 to the issuing of an authorisation.6 (3) If the Minister varies an authorisation, then as soon as practicable7 after varying the authorisation, the Minister must:8 (a) cause the Director-General to be informed of the variation;9 and10 (b) cause the variation to be given to the Director-General.11 (4) The variation takes effect:12 (a) on the day specified in the variation, which must not be13 earlier than the day the variation is made; and14 (b) at the time specified in the variation, which must not be15 earlier than the time the variation is made.16 Authorisation may be varied more than once17 (5) An authorisation may be varied more than once under this section.18 Variation may extend period during which authorisation is in force19 (6) Despite paragraph 42(e), a variation may extend the period for20 which the authorisation is in force by up to 12 months.21 (7) Despite subsection (6), if a variation extends, or further extends,22 the period for which an authorisation is in force, the authorisation23 must cease to be in force before the end of the period of 36 months24 beginning on the day after the day the authorisation comes into25 force.26 Acts Interpretation Act 1901 not limited27 (8) This section does not limit subsection 33(3) of the Acts28 Interpretation Act 1901.29

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 53

45 Minister may revoke authorisation1 (1) The Minister may, by writing, revoke an authorisation at any time.2 (2) If the Minister revokes an authorisation, the Minister must, as soon3 as practicable:4 (a) inform the Director-General of the revocation; and5 (b) cause the revocation to be given to the Director-General.6 46 Director-General to give reports about authorisations7 The Director-General must, within 3 months after the day an8 authorisation has ceased to have effect, give the Minister a written9 report containing details about the extent to which the actions taken10 by the ACIC under the authorisation have assisted the ACIC in11 carrying out its functions.12

54 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 3—Powers to require information, documents and1 things2 47 Directions to agency heads3 Examiner may issue agency direction4 (1) This section applies if:5 (a) an examiner reasonably suspects that an agency has6 information, or a document or thing, that would assist the7 ACIC to obtain intelligence relevant to serious and organised8 crime that is identified in an authorisation in force under9 Division 2 of this Part; and10 (b) the agency is:11 (i) a Commonwealth agency; or12 (ii) a State agency or Territory agency in relation to which13 an arrangement is in effect under subsection 49(1).14 (2) The examiner may, by notice in writing, direct the head (however15 described) of the agency to give the information, or produce the16 document or thing.17 (3) The direction is an agency direction.18 (4) To avoid doubt, the direction may relate to more than one19 authorisation in force under Division 2 of this Part.20 General content of agency direction21 (5) The direction must:22 (a) specify how the head is to give the information, or produce23 the document or thing; and24 (b) specify the period within which the head is to give the25 information or produce the document; and26 (c) if given to a State agency or Territory agency—be consistent27 with the arrangement mentioned in subparagraph (1)(b)(ii).28

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 55 Compliance with agency direction1 (6) The head must comply with the direction, except to the extent that2 doing so would contravene an exempt secrecy provision.3 Note: For exempt secrecy provision, see subsection 48(1).4 Examiner may vary agency direction5 (7) An examiner may, at any time before the direction is complied6 with, vary the direction.7 (8) Subsection (7) does not limit subsection 33(3) of the Acts8 Interpretation Act 1901.9 Agency head may apply for extension10 (9) The head may, in writing and before the end of the period referred11 to in paragraph (5)(b), apply to an examiner to vary the direction to12 extend the period.13 (10) Without limiting subsection (7), an examiner may vary the14 direction to extend, or further extend, the period referred to in15 paragraph (5)(b) (whether or not an application is made under16 subsection (9)).17 48 Meaning of exempt secrecy provision and secrecy provision18 (1) An exempt secrecy provision is any of the following secrecy19 provisions:20 (a) a secrecy provision that is a provision of a taxation law21 within the meaning of the Taxation Administration Act 1953;22 (b) a secrecy provision specified in an arrangement with a State23 or Territory under subsection 49(1);24 (c) section 91 of the Administrative Review Tribunal Act 2024;25 (d) Part 5, Division 2 of the Auditor-General Act 1997;26 (e) section 49 of the Australian Human Rights Commission Act27 1986;28 (f) sections 18, 18A, 18B, 35P, 81, 92 and 92A of the Australian29 Security Intelligence Organisation Act 1979;30

56 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (g) sections 19, 19A and 19B of the Census and Statistics Act1 1905;2 (h) sections 4, 6, 8 and 9 of the Epidemiological studies3 (Confidentiality) Act 1981;4 (i) Part XIA of the Family Law Act 1975;5 (j) Chapter 4, Part 7 of the Federal Circuit and Family Court of6 Australia Act 2021;7 (k) Part VAA of the Federal Court of Australia Act 1976;8 (l) section 130 of the Health Insurance Act 1973;9 (m) section 34 of the Inspector-General of Intelligence and10 Security Act 1986;11 (n) section 37 of the Inspector-General of Taxation Act 2003;12 (o) sections 39, 40C, 40D and 41 of the Intelligence Services Act13 2001;14 (p) Part XAA of the Judiciary Act 1903;15 (q) sections 59, 59A and 60 of the My Health Records Act 2012;16 (r) section 135A of the National Health Act 1953;17 (s) sections 42 and 44 of the Office of National Intelligence Act18 2018;19 (t) section 35 of the Ombudsman Act 1976;20 (u) section 64V of the Parliamentary Service Act 1999;21 (v) sections 63 and 133 of, and clause 152 of Schedule 1 to, the22 Telecommunications (Interception and Access) Act 1979;23 (w) any other secrecy provision prescribed by the rules;24 (x) anything done under a provision referred to in paragraphs (a)25 to (w).26 (2) A secrecy provision is either of the following:27 (a) a provision of a law of the Commonwealth that purports to28 prohibit any of the following:29 (i) the use of information, or a document or thing;30 (ii) dealing with information, or a document or thing;31 (iii) making a record of information, or a copy of a32 document or thing;33 (iv) the disclosure or publication of information;34

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 57 (v) the production of, or the publication of the contents of, a1 document;2 (vi) the production of a thing;3 (vii) access to information, a document or a thing;4 (b) anything done, under a provision of a law of the5 Commonwealth, to prohibit an action referred to in any of6 subparagraphs (a)(i) to (vii).7 (3) Subsection (2) applies regardless of whether the provision of the8 law of the Commonwealth:9 (a) commenced before the commencement of this definition; or10 (b) is expressed to apply despite any other law.11

49 Arrangements with State and Territory Ministers12 Arrangements with State or Territory Ministers about agency13 directions14 (1) The Minister may make an arrangement, in writing, with a Minister15 of a participating jurisdiction, in relation to the provision of16 information, documents or things by one or more State agencies or17 Territory agencies to the ACIC in accordance with an agency18 direction under section 47.19 (2) Each of the following is a participating jurisdiction:20 (a) a State;21 (b) the Australian Capital Territory;22 (c) the Northern Territory.23 (3) An arrangement under subsection (1) takes effect at the time24 specified in the arrangement.25 (4) Without limiting subsection (1), the arrangement may specify any26 of the following:27 (a) the agencies of the participating jurisdiction that may, or may28 not, be given an agency direction;29 (b) the information, documents or things which an examiner30 may, or may not, require to be given or produced under an31 agency direction;32

58 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (c) any secrecy provisions to which the provision of information,1 documents or things under an agency direction is subject;2 (d) any other conditions that apply in relation to the provision of3 information, documents or things under an agency direction.4 Variation of arrangements5 (5) The arrangement may be varied by written agreement.6 (6) A variation takes effect at the time specified in the agreement.7 Revocation of arrangements8 (7) The Minister or the Minister for the participating jurisdiction may,9 by written notice to the other Minister, revoke an arrangement.10 (8) A revocation takes effect at the time specified in the notice.11 Arrangements not legislative instruments12 (9) Any of the following is not a legislative instrument:13 (a) an arrangement made under subsection (1);14 (b) any agreement varying the arrangement;15 (c) any notice revoking the arrangement.16 50 Notices to produce17 Examiner may issue notice to produce18 (1) An examiner may give a person a notice requiring the person to19 give information, or produce a document or a thing, if the20 examiner:21 (a) reasonably suspects that the information, document or thing22 would assist the ACIC to obtain intelligence relevant to23 serious and organised crime that is identified in an24 authorisation that is in force under Division 2 of this Part;25 and26 (b) is satisfied that issuing the notice is reasonable in all the27 circumstances.28 (2) The notice is a notice to produce.29

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 59 (3) The notice may be:1 (a) either of the following:2 (i) a pre-charge notice to produce;3 (ii) a post-charge notice to produce; and4 (b) either of the following:5 (i) a pre-confiscation application notice to produce;6 (ii) a post-confiscation application notice to produce.7 Additional consideration for post-charge or post-confiscation8 application notice to produce9 (4) If the notice is a post-charge or post-confiscation application10 notice, the examiner must also be satisfied that issuing the notice is11 reasonably necessary for the purpose of obtaining the intelligence12 referred to in paragraph (1)(a) even though:13 (a) the person has been charged or the confiscation proceeding14 has commenced; or15 (b) that charge or proceeding is imminent.16 Provisions for the avoidance of doubt17 (5) To avoid doubt, the notice:18 (a) may be given to a person whether or not an examination is19 being held for the purpose of obtaining intelligence relevant20 to the serious and organised crime mentioned in21 paragraph (1)(a); and22 (b) may relate to more than one authorisation in force under23 Division 2 of this Part.24 Content and service of notice25 (6) The notice must:26 (a) be in writing; and27 (b) be signed by the examiner; and28 (c) be served on the person required to give the information, or29 produce the document or thing; and30 (d) specify the manner in which the person is to give the31 information, or produce the document or thing; and32

60 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (e) specify the time at which, or the period within which, the1 person is to give the information or produce the document or2 thing; and3 (f) set out the effect of subsections 53(4) to (6) (applications for4 extensions), sections 56 and 57 (offences for failing to5 comply with a notice, and giving false or misleading6 information etc.) and section 78 (offence for destroying7 documents or things); and8 (g) be accompanied by a statement that the person may obtain9 legal advice and representation in relation to the notice.10 Reasons for notice to be recorded11 (7) The examiner must, at or before the time the notice is issued,12 record in writing the reasons for the notice.13

51 Notice may direct person to provide assistance to access14 information etc.15 (1) Subsection (2) applies if:16 (a) a notice to produce requires a person to produce a thing in17 person (whether immediately upon service of the notice or18 otherwise); and19 (b) the examiner issuing the notice reasonably suspects20 assistance from the person will be required to enable an21 ACIC staff member to:22 (i) access or continue to access information or data held in23 or accessible from the thing while the thing is in the24 custody or possession of the ACIC; or25 (ii) examine the thing.26 (2) The notice may direct the person, when producing the thing, to27 provide an ACIC staff member any assistance that is reasonable28 and necessary to enable the ACIC staff member to:29 (a) access or continue to access information or data held in or30 accessible from the thing while the thing is in the custody or31 possession of the ACIC; or32 (b) examine the thing.33

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 61 (3) Without limiting subsection (2), the notice may direct the person to1 provide any reasonable and necessary assistance required to enable2 the ACIC staff member to access or continue to access information3 or data held in or accessible from an electronic device while the4 device is in the custody or possession of the ACIC.5 Examples: Assistance involving the application of a fingerprint or retina scan, as6 necessary to unlock a mobile phone, log into a computer, or access7 data on a data storage device.8 (4) The person must comply with the direction.9

52 Limit on the ACIC’s continued access to data etc.10 To avoid doubt, nothing in this Division authorises the ACIC to11 continue to access information or data held in, or accessible from, a12 thing as referred to in paragraph 51(2)(a) other than while the thing13 is in the custody or possession of the ACIC.14

53 Time or period for compliance etc.15 Notice may specify time or period for compliance16 (1) For the purposes of paragraph 50(6)(e), the notice may specify that17 the person must give the information, or produce the document or18 thing:19 (a) at a specified time that is at least 24 hours from the time the20 notice is served on the person; or21 (b) within a specified period of time, which must not end prior to22 24 hours after the time the notice is served on the person.23 Notice may require immediate production24 (2) Despite subsection (1), if the examiner is satisfied that any of the25 circumstances set out in subsection (3) apply, the notice may26 specify that the person is required to give the information, or27 produce the document or thing:28 (a) immediately upon service of the notice; or29 (b) within a specified period of time that ends prior to 24 hours30 after the time the notice is served on the person.31

62 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (3) The circumstances are that delay in the giving of the information,1 or the production of the document or thing (as the case may be)2 could reasonably be expected to:3 (a) seriously prejudice the ACIC’s ability to obtain intelligence4 relevant to serious and organised crime referred to in5 paragraph 50(1)(a); or6 (b) result in the concealment, loss, mutilation or destruction of:7 (i) information or a document or thing specified in the8 notice; or9 (ii) information or a document held in, or accessible from, a10 thing specified in the notice.11 Person may apply for extension12 (4) Subsection (5) applies if:13 (a) a notice is served on a person; and14 (b) the notice does not require information to be given, or a15 document or thing to be produced, immediately upon service16 of the notice; and17 (c) either:18 (i) if, for the purposes of paragraph 50(6)(e), the notice19 specifies a time—the time has not elapsed; or20 (ii) if, for the purposes of paragraph 50(6)(e), the notice21 specifies a period—the period has not ended.22 (5) The person may apply to an examiner, in writing, to vary the notice23 to extend the time or period for complying with the notice.24 (6) An examiner may, in accordance with subsection 54(1), vary the25 notice to extend, or further extend, the time or period specified in26 the notice (whether or not an application is made under27 subsection (5)).28 Record of compliance to be kept29 (7) If the person gives the information, document or thing, as required30 by the notice, the Director-General must:31 (a) cause a written record of that fact to be kept; and32

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 63 (b) if requested, cause a copy of the record to be given to the1 person.2

54 Examiner may vary notice to produce3 (1) If an examiner issues a notice to produce requiring a person to give4 information, or produce a document or thing, an examiner may, at5 any time before the notice is complied with, vary the notice.6 (2) Without limiting subsection (1), the variation may do either or both7 of the following:8 (a) vary the notice to include, amend, or revoke, a non-disclosure9 notation under section 101;10 (b) vary the notice to include a direction under section 51.11 (3) The examiner must, as soon as possible after varying the notice,12 notify:13 (a) the person; and14 (b) if the ACIC is aware that a particular legal practitioner is15 representing the person in relation to the notice—that legal16 practitioner.17 (4) Subsections (1) and (2) do not limit subsection 33(3) of the Acts18 Interpretation Act 1901.19

55 Allowances for expenses20 (1) A person complying with a notice to produce issued under21 subsection 50(1) is entitled to be paid by the Commonwealth any22 allowances for expenses incurred as a result of that compliance that23 are prescribed by the rules.24 (2) For the purposes of subsection (1), the rules may prescribe:25 (a) the kinds of expenses for which allowances are payable; and26 (b) the amount of each such allowance.27 (3) If no amount is prescribed for the purposes of subsection (1) in28 relation to a particular kind of expense incurred by a person29 complying with a notice issued under subsection 50(1), the person30

64 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 is entitled to be paid by the Commonwealth the allowance for the1 expense, if any, that is determined by the Director-General.2 56 Offence—failing to comply with notice to produce3 (a) the person is served with a notice to produce; and5 (b) the person fails to comply with:6 (i) a requirement of the notice; or7 (ii) a direction included in the notice in accordance with8 section 51.9 Penalty: Imprisonment for 5 years or 300 penalty units, or both.10 No continuing offence or contraventions11 (2) Section 4K (continuing offences) of the Crimes Act 1914 does not12 apply in relation to an offence against subsection (1).13

57 Offence—giving false or misleading information etc. in response14 to notice to produce15 (1) A person commits an offence if:16 (a) the person is served with a notice to produce; and17 (b) the person gives information or produces a document as18 required by the notice; and19 (c) the person does so knowing that the information or20 document:21 (i) is false or misleading; or22 (ii) omits any matter or thing without which the information23 or document is false or misleading.24 Penalty: Imprisonment for 5 years or 300 penalty units, or both.25 (2) Subsection (1) does not apply if the information or document is not26 false or misleading in a material particular.27 Note: A defendant bears an evidential burden in relation to the matter in this28 subsection: see subsection 13.3(3) of the Criminal Code.29

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 65

Division 4—Examinations1 Subdivision A—Examiner may conduct examination2 58 Examinations3 (1) An examiner may conduct an examination in relation to one or4 more authorisations in force under Division 2 of this Part for the5 purposes of obtaining intelligence relevant to serious and organised6 crime identified in that authorisation or those authorisations.7 (2) The examination may be:8 (a) either of the following:9 (i) a pre-charge examination;10 (ii) a post-charge examination; and11 (b) either of the following:12 (i) a pre-confiscation application examination;13 (ii) a post-confiscation application examination.14

59 Examiner may summon persons15 Examiner may summon person to attend examination16 (1) In the circumstances set out in subsection (2), an examiner may17 summon a person:18 (a) to attend an examination in order to appear before an19 examiner and give evidence:20 (i) at a time, or before the end of a period of time, specified21 in the summons; and22 (ii) at a place specified in the summons; and23 (b) to attend and appear from day to day unless excused, or24 released from further attendance and appearance, by an25 examiner.26 (2) The circumstances are:27 (a) the examiner reasonably suspects that, in relation to each28 authorisation to which the examination relates, the person has29

66 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 evidence that would assist the ACIC to obtain intelligence1 relevant to serious and organised crime identified in that2 authorisation; and3 (b) the examiner is satisfied that issuing the summons is4 reasonable in all the circumstances.5 (3) The summons may be:6 (a) either of the following:7 (i) a pre-charge summons;8 (ii) a post-charge summons; and9 (b) either of the following:10 (i) a pre-confiscation application summons;11 (ii) a post-confiscation application summons.12 Summons may require information, or production of documents or13 things14 (4) If the examiner reasonably suspects that the person has15 information, or a document or thing, that would assist the ACIC to16 obtain intelligence relevant to serious and organised crime17 identified in any authorisation to which the examination relates, the18 summons may also require the person to:19 (a) give an examiner the information at the examination; or20 (b) produce the document or thing at the examination.21 Additional consideration for post-charge summons or22 post-confiscation application summons23 (5) If the summons is a post-charge or a post-confiscation application24 summons, the examiner must also be satisfied that issuing the25 summons is reasonably necessary for the purposes of obtaining the26 intelligence referred to in paragraph (2)(a) or subsection (4) even27 though:28 (a) the person has been charged or the confiscation proceeding29 has commenced; or30 (b) that charge or proceeding is imminent.31

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 67 Post-charge summons may deal with subject matter of charges etc.1 (6) The matters in relation to which the examiner may issue the2 summons include:3 (a) the subject matter of any charge, or imminent charge, against4 the person; and5 (b) the subject matter of any confiscation proceedings, or6 imminent confiscation proceedings, against the person.7 Reasons for summons to be recorded8 (7) The examiner must, at or before the time a summons is issued,9 record in writing the reasons for the summons.10 60 Content and service of summons etc.11 General contents of summons12 (1) A summons issued by an examiner under subsection 59(1) must:13 (a) be in writing; and14 (b) be signed by the examiner; and15 (c) be served on the person required to attend the examination;16 and17 (d) be accompanied by:18 (i) a statement that sets out the effect of sections 75, 76, 77,19 78, 79, 80 and 84 (offences relating to examinations20 etc.) and 85 (contempt of the ACIC); and21 (ii) a statement that the person may obtain legal advice and22 representation in relation to the summons; and23 (iii) a copy of each authorisation to which the examination24 relates.25 Note: Information contained in the copy of an authorisation may be26 redacted: see subsection (4).27 Summons must set out matters for questioning28 (2) A summons must set out, so far as is reasonably practicable, the29 general nature of the matters in relation to which the person is to be30 questioned, except to the extent that the examiner is satisfied that31

68 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 doing so would be likely to prejudice the ACIC’s ability to obtain1 intelligence relevant to serious and organised crime identified in2 any authorisation to which the summons relates.3 (3) To avoid doubt, subsection (2) does not prevent a person from4 being questioned in relation to any matter that relates to serious5 and organised crime identified in any authorisation to which the6 examination relates (including any authorisation subject to a7 determination under subsection 66(1)).8 Director-General may redact information9 (4) Before a copy of an authorisation to which a summons relates is10 given to a person under subparagraph (1)(d)(iii), the11 Director-General may redact information from the copy if the12 Director-General is satisfied that providing the information to the13 person would be likely to prejudice the ACIC’s ability to obtain14 intelligence relevant to serious and organised crime identified in15 the authorisation.16

61 Appearance and attendance at examination17 (1) A summons may direct that the person summoned to appear before18 an examiner at the examination so appear by way of video link,19 audio link or other means the examiner considers appropriate.20 (2) To avoid doubt, subsection (1) does not:21 (a) require the examiner, before issuing the summons, to22 consider whether the examination is to be conducted in23 person or remotely via video link, audio link, or other means;24 or25 (b) prevent an examiner from directing the person under26 subsection 64(1) to appear by way of video link, audio link or27 other means the examiner considers appropriate.28 62 Time or period for compliance etc.29 (1) For the purposes of paragraph 59(1)(a), a summons may specify30 that the person required to attend the examination must so attend:31

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 69 (a) at a specified time that is at least 24 hours after the time the1 summons is served on the person; or2 (b) within a specified period of time, which must not end prior to3 24 hours after the time the summons is served on the person.4 (2) Despite subsection (1), if the examiner mentioned in subsection5 60(1) is satisfied that any of the circumstances set out in6 subsection (3) of this section apply in relation to the person, the7 summons may specify that the person is required to attend the8 examination:9 (a) immediately upon service of the summons; or10 (b) within a specified period of time that ends prior to 24 hours11 after the time the summons is served on the person.12 (3) The circumstances are that delay in the person’s attendance at the13 examination could reasonably be expected to:14 (a) seriously prejudice the ACIC’s ability to obtain intelligence15 relevant to serious and organised crime identified in any16 authorisation to which the examination relates; or17 (b) result in the concealment, loss, mutilation or destruction of:18 (i) information or a document or thing specified in the19 summons; or20 (ii) information or a document held in, or accessible from, a21 thing specified in the summons.22

63 Examiner may vary summons23 (1) If an examiner issues a summons to a person requiring the person24 to attend an examination, an examiner may, at any time before the25 examination commences, vary the summons.26 (2) Without limiting subsection (1), the variation may do any of the27 following:28 (a) vary the summons to include, amend, or revoke, a direction29 under subsection 61(1) that the person is to appear before an30 examiner by way of video link, audio link or other means the31 examiner considers appropriate;32 (b) vary the summons to include, amend, or revoke, a33 non-disclosure notation under section 101.34

70 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (3) The examiner must, as soon as possible after varying the summons,1 notify:2 (a) the person required to attend the examination; and3 (b) if the ACIC is aware that a particular legal practitioner is4 representing the person in relation to the examination and the5 legal practitioner is not the subject of a determination under6 subsection 71(2)—that legal practitioner.7 (4) To avoid doubt, if an examiner varies a summons so that the8 examination relates to another authorisation in force under9 Division 2 of this Part, the requirements in paragraph 59(2)(a) and10 subparagraph 60(1)(d)(iii) must be met in relation to that11 authorisation.12 (5) Subsections (1), (2) and (4) do not limit subsection 33(3) of the13 Acts Interpretation Act 1901.14 64 Conduct of proceedings15 (1) Subject to this Part, an examination may be conducted in such16 manner as an examiner conducting the examination thinks fit17 (including through the use of video link, audio link or other18 means).19 Note: Some examples of decisions that an examiner may make about the20 conduct of proceedings at an examination are decisions about whether21 a person is to appear or be present, give evidence, give information,22 produce a document or thing or take an oath or affirmation, by being23 physically present, or present by way of video link, audio link or other24 means, before the examiner at the examination.25 (2) The examination must be held in private.26 (3) An examiner conducting the examination may commence, adjourn,27 resume, or conclude the examination at the examiner’s discretion.28 (4) To avoid doubt, a reference in this Act to an event occurring during29 an examination includes where the event occurs while the30 examination is adjourned.31

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 71

65 Examiner may require information, documents and things1 Examiner may require witness to give information or produce2 documents or things3 (1) An examiner conducting an examination may require a witness at4 the examination to give information, or produce a document or5 thing, if the examiner reasonably suspects that the information,6 document or thing would assist the ACIC to obtain intelligence7 relevant to serious and organised crime identified in any8 authorisation to which the examination relates (including any9 authorisation subject to a determination made under subsection10 66(1)).11 (2) The requirement under subsection (1) may be:12 (a) either of the following:13 (i) a pre-charge requirement;14 (ii) a post-charge requirement; and15 (b) either of the following:16 (i) a pre-confiscation application requirement;17 (ii) a post-confiscation application requirement.18 (3) Subsection (1) applies whether or not the information, document or19 thing was specified in the summons for the witness to attend the20 examination.21 (4) For the purposes of subsection (1), the examiner may direct that the22 information is to be given, or the document or thing is to be23 produced:24 (a) before a particular time, which must be before the time the25 examination is concluded; and26 (b) to a particular person or a person in a particular class of27 persons; and28 (c) in a particular manner; and29 (d) at a particular place.30

72 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Information etc. may be required in relation to subject matter of1 charges etc.2 (5) For the purposes of subsection (1), the matters in relation to which3 the examiner may require the witness to give information, or4 produce a document or thing, include:5 (a) the subject matter of any charge, or imminent charge, against6 the witness; or7 (b) the subject matter of any confiscation proceedings, or8 imminent confiscation proceedings, against the witness.9 (6) Subsection (5) does not limit the matters in relation to which the10 examiner may require the witness to give information, or produce a11 document or thing, under subsection (1).12 66 Examiner may expand purposes of examination13 Examiner may make determination14 (1) If, during an examination:15 (a) an examiner reasonably suspects that the witness has16 evidence, information, documents or things that would assist17 the ACIC to obtain intelligence relevant to serious and18 organised crime identified in an authorisation that is in force;19 and20 (b) that authorisation is not an authorisation to which the21 examination relates;22 the examiner may determine that the purposes of the examination23 are expanded to include obtaining intelligence relevant to serious24 and organised crime identified in the authorisation.25 (2) The determination may be:26 (a) either of the following:27 (i) a pre-charge determination;28 (ii) a post-charge determination; and29 (b) either of the following:30 (i) a pre-confiscation application determination;31 (ii) a post-confiscation application determination.32

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 73 Additional consideration for post-charge or post-confiscation1 application determination2 (3) If the determination is a post-charge determination or3 post-confiscation application determination, the examiner must4 also be satisfied that making the determination is reasonably5 necessary for the purposes of obtaining the intelligence referred to6 in paragraph (1)(a) even though:7 (a) the person has been charged or the confiscation proceeding8 has commenced; or9 (b) that charge or proceeding is imminent.10 Form and notice requirements11 (4) The determination:12 (a) may be made orally or in writing; and13 (b) must include the reasons for making the determination.14 (5) If the examiner makes a determination under subsection (1), the15 examiner must give a copy of the authorisation to the witness16 before the examination is continued.17 Note: Information contained in the copy of an authorisation may be18 redacted, see subsection (7).19 (6) If the examiner makes a determination under subsection (1) orally,20 the examiner must, as soon as practicable after making the21 determination, make a written record of the determination.22 Director-General may redact information23 (7) Before a copy of the authorisation is given to the witness under24 subsection (5), the Director-General may redact information from25 the copy if the Director-General is satisfied that providing the26 information to the witness would be likely to prejudice the ACIC’s27 ability to obtain intelligence relevant to serious and organised28 crime identified in the authorisation.29 Provision for the avoidance of doubt30 (8) To avoid doubt, more than one determination may be made under31 subsection (1) during an examination.32

74 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Legislative instrument status1 (9) If the examiner makes a determination under subsection (1) in2 writing, the determination is not a legislative instrument.3

67 Examiner may require assistance—things produced during4 examination5 (1) Subsection (2) applies if:6 (a) a witness attending an examination is required, during the7 examination, to produce a thing in compliance with:8 (i) the summons to which the examination relates; or9 (ii) subsection 65(1); and10 (b) the examiner conducting the examination reasonably suspects11 that assistance from the person will be required to enable an12 ACIC staff member to:13 (i) access or continue to access information or data held in14 or accessible from the thing while the thing is in the15 custody or possession of the ACIC; or16 (ii) examine the thing.17 (2) The examiner may direct the witness, when producing the thing, to18 provide an ACIC staff member any assistance that is reasonable19 and necessary to enable the ACIC staff member to:20 (a) access or continue to access information or data held in or21 accessible from the thing while the thing is in the custody or22 possession of the ACIC; or23 (b) examine the thing.24 (3) Without limiting subsection (2), the examiner may direct the25 witness to provide any reasonable and necessary assistance26 required to enable the examiner or an ACIC staff member to access27 or continue to access information or data held in, or accessible28 from, an electronic device while the device is in the custody or29 possession of the ACIC.30 Examples: Assistance involving the application of a fingerprint or retina scan, as31 necessary to unlock a mobile phone, log into a computer, or access32 data on a data storage device.33

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 75 (4) The person must comply with the direction.1 68 Examiner may require assistance—things produced before2 examination3 (1) Subsection (2) applies at a particular time during an examination if:4 (a) a witness attending the examination is required, before the5 examination commences, to produce a thing in compliance6 with a notice to produce that is given to the witness and7 covered by subsection (5); and8 (b) at the particular time, the thing is still in the custody or9 possession of the ACIC; and10 (c) the examiner conducting the examination reasonably suspects11 that assistance from the person will be required to enable an12 ACIC staff member to:13 (i) access or continue to access information or data held in14 or accessible from the thing while the thing is in the15 custody or possession of the ACIC; or16 (ii) examine the thing.17 (2) The examiner may direct the witness, at the particular time, to18 provide an ACIC staff member any assistance that is reasonable19 and necessary to enable the ACIC staff member to:20 (a) access or continue to access information or data held in or21 accessible from the thing while the thing is in the custody or22 possession of the ACIC; or23 (b) examine the thing.24 (3) Without limiting subsection (1), the examiner may direct the25 witness to provide any reasonable and necessary assistance26 required to enable the examiner or an ACIC staff member to access27 or continue to access information or data held in, or accessible28 from, an electronic device while the device is in the custody or29 possession of the ACIC.30 Examples: Assistance involving the application of a fingerprint or retina scan, as31 necessary to unlock a mobile phone, log into a computer, or access32 data on a data storage device.33 (4) The person must comply with the direction.34

76 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (5) This subsection covers a notice to produce that is given to the1 witness if:2 (a) the notice is given in relation to an authorisation in force3 under Division 2 of this Part; and4 (b) the authorisation is also an authorisation to which the5 examination relates (including any authorisation subject to a6 determination made under subsection 66(1)).7

69 Limit on the ACIC’s continued access to data etc.8 To avoid doubt, nothing in this Division authorises the ACIC to9 continue to access information or data held in, or accessible from, a10 thing as referred to in paragraph 67(2)(a) or 68(2)(a) other than11 while the thing is in the custody or possession of the ACIC.12 70 Attendance via video link, audio link or other means13 (1) Subsection (2) applies if a witness appearing at an examination by14 way of video link, audio link or other means is required to produce15 a document or other thing under subsection 59(4) or 65(1).16 Note: Under subsection 59(4), an examiner may include in a summons a17 requirement for a person to produce documents or things at an18 examination.19 (2) Without limiting the ways in which the witness may satisfy the20 requirement, the witness may satisfy the requirement by producing21 the document or thing to an ACIC staff member who is physically22 present with the witness.23

71 Legal representation24 Witness may have legal representation25 (1) Subject to subsection (2) and section 102 (which deals with26 non-disclosure notations):27 (a) a witness giving evidence or information, or producing a28 document or thing, at an examination may be represented by29 a legal practitioner; and30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 77 (b) the legal practitioner may be present when the witness is1 giving evidence or information, or producing a document or2 thing, at an examination.3 Examiner may exclude legal practitioner4 (2) An examiner may determine that a particular legal practitioner may5 not be present at an examination if the examiner reasonably6 believes that the legal practitioner’s attendance may prejudice the7 ACIC’s ability to obtain intelligence relevant to serious and8 organised crime.9 (3) The examiner may make a determination under subsection (2) in10 relation to the legal practitioner at any time, including:11 (a) at the time the examiner issues a summons under subsection12 59(1); or13 (b) at any time before or during an examination.14 (4) The determination takes effect at the time it is made.15 Notice of determination to be given16 (5) If the examiner makes a determination under subsection (2) in17 relation to a legal practitioner, the examiner must, as soon as18 practicable, notify the witness about the determination:19 (a) if the determination is made before the examination—by20 written notice; or21 (b) otherwise—by notifying the witness during the examination.22 Other legal representation not prevented23 (6) To avoid doubt, this section does not prevent a legal practitioner24 who is not subject to a determination under subsection (2) from25 representing a witness and being present at the examination in26 accordance with subsection (1).27

78 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 72 Presence of others at examination1 Presence of others at examination2 (1) The following persons may be present at an examination when a3 witness gives evidence or information, or produces a document or4 thing, at the examination:5 (a) the examiner conducting the examination;6 (b) the witness;7 (c) a legal practitioner referred to in subsection 71(1) who is not8 covered by a determination under subsection 71(2);9 (d) a person covered by a determination under subsection (2);10 (e) counsel assisting the examiner;11 (f) an ACIC staff member who is approved by the examiner to12 be present at the examination;13 (g) an IGIS official referred to in subsection 73(1) who is not14 covered by a determination under subsection 73(2).15 (2) For the purposes of paragraph (1)(d), an examiner may determine16 that a person may be present at the examination when the witness17 gives evidence or information, or produces a document or thing, at18 the examination.19 (3) For the purposes of paragraph (1)(f), an examiner may approve an20 ACIC staff member to be present at the examination.21 Witness to be informed if others are present22 (4) If the examiner determines, under subsection (2), that a person may23 be present when the witness gives evidence or information, or24 produces a document or thing, at the examination, the examiner25 must:26 (a) inform the witness that the person may be present; and27 (b) give the witness an opportunity to comment on the person’s28 presence.29 Other person not prevented from being present30 (5) A person covered by a determination under subsection (2) may be31 present at the examination even if:32

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 79 (a) the examiner fails to inform the witness that the person may1 be present; or2 (b) the witness comments adversely on the person’s presence.3

73 Presence of IGIS officials at examinations4 IGIS official may be present5 (1) Subject to subsection (2), an IGIS official may be present at an6 examination for the purpose of conducting an inspection or inquiry7 under the Inspector-General of Intelligence and Security Act 1986.8 Examiner may exclude IGIS official in certain circumstances9 (2) Without limiting subsection 64(1) or 72(2), an examiner may10 determine that an IGIS official is prevented from being present11 during an examination if the examiner is satisfied that the official’s12 attendance would be reasonably likely to prejudice:13 (a) the life or safety of a person; or14 (b) the ACIC’s ability to obtain intelligence relevant to serious15 and organised crime identified in any authorisation to which16 the examination relates (including any authorisation subject17 to a determination made under subsection 66(1)).18 (3) A determination under subsection (2) must be communicated to the19 IGIS official:20 (a) by written notice given to the official before the examination;21 or22 (b) by notifying the official during the examination.23 (4) If the IGIS official is notified orally, the official must be given a24 written copy of the determination as soon as practicable after the25 examination.26 Consequences of exclusion of IGIS official27 (5) If a determination is made under subsection (2) in relation to an28 IGIS official:29 (a) the examiner must permit another IGIS official to be present30 at the examination; or31

80 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (b) the IGIS official, or another IGIS official, must be provided1 with a record of the examination as soon as practicable after2 the end of the examination.3 74 Record of examinations4 An examiner who conducts an examination must cause a record of5 the examination to be made.6

75 Offence—failure to attend examination7 (1) A person commits an offence if:8 (a) the person is served with a summons to attend an9 examination; and10 (b) the person:11 (i) fails to attend and appear as required by the summons;12 or13 (ii) fails to attend and appear from day to day as required by14 the summons; or15 (iii) fails to appear by way of video link, audio link or other16 means if so directed by the examiner conducting the17 examination under subsection 61(1) or 64(1); and18 (c) the person has not been excused or released from further19 attendance by an examiner.20 Penalty: Imprisonment for 5 years or 300 penalty units, or both.21 No continuing offence or contraventions22 (2) Section 4K (continuing offences) of the Crimes Act 1914 does not23 apply in relation to an offence against subsection (1).24 76 Offence—failure to give information, or produce documents or25 things26 A person commits an offence if:27 (a) the person is required, under subsection 59(4) or 65(1), to28 give information, or produce a document or thing, during an29 examination; and30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 81 (b) the person fails to give the information, or produce the1 document or thing, in accordance with that requirement.2 Penalty: Imprisonment for 5 years or 300 penalty units, or both.3

77 Offence—failure to provide assistance at an examination4 A person commits an offence if:5 (a) the person is directed, under subsection 67(2) or 68(2), to6 provide assistance; and7 (b) the person fails to provide assistance in accordance with that8 direction.9 Penalty: Imprisonment for 5 years or 300 penalty units, or both.10 78 Offence—destroying documents or things11 (1) A person commits an offence if:12 (a) the person engages in conduct; and13 (b) the conduct results in:14 (i) a document or thing (a relevant item) being concealed,15 lost, mutilated or destroyed; or16 (ii) a document or thing (also a relevant item) being17 rendered incapable of identification; or18 (iii) a document (also a relevant item) being rendered19 illegible or indecipherable; or20 (iv) information, or a document, held in or accessible from a21 thing (also a relevant item) being concealed, lost,22 mutilated or destroyed; or23 (v) information, or a document, held in or accessible from a24 thing (also a relevant item) being rendered incapable of25 identification; or26 (vi) information, or a document, held in or accessible from a27 thing (also a relevant item) being rendered illegible or28 indecipherable; and29 (c) the relevant item is, or is likely to be, required to be produced30 under a notice to produce or during an examination.31 Penalty: Imprisonment for 5 years or 300 penalty units, or both.32

82 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Extended geographical jurisdiction1 (2) Section 15.4 of the Criminal Code (extended geographical2 jurisdiction—category D) applies to an offence against3 subsection (1).4 (3) Subsection (2) does not, by implication, affect the interpretation of5 any other provision of this Act.6

79 Offence—giving false or misleading evidence, information or7 documents8 (1) A person commits an offence if:9 (a) the person gives evidence or information, or produces a10 document, during an examination; and11 (b) the person does so knowing that the evidence, information or12 document:13 (i) is false or misleading; or14 (ii) omits any matter or thing without which the evidence,15 information or document is misleading.16 Penalty: Imprisonment for 5 years or 300 penalty units.17 (2) Subsection (1) does not apply if the evidence, information or18 document is not false or misleading in a material particular.19 Note: A defendant bears an evidential burden in relation to the matter in this20 subsection: see subsection 13.3(3) of the Criminal Code.21 80 Offences—obstructing or hindering examinations, threatening22 persons present23 (1) A person commits an offence if:24 (a) the person engages in conduct; and25 (b) the conduct obstructs or hinders an examiner or ACIC staff26 member in the performance or exercise of the examiner or27 staff member’s functions, powers or duties in connection28 with an examination.29 Penalty: Imprisonment for 5 years or 300 penalty units, or both.30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 83 (2) A person commits an offence if the person disrupts an1 examination.2 Penalty: Imprisonment for 5 years or 300 penalty units, or both.3 (3) A person commits an offence if the person threatens any person4 present at an examination.5 Penalty: Imprisonment for 5 years or 300 penalty units, or both.6

81 Offence—Person present at examination without authority7 A person commits an offence if:8 (a) the person attends an examination while a witness is giving9 evidence or information, or producing a document or thing,10 at the examination; and11 (b) the person is not a person who may, under subsection 72(1),12 be present at the examination when the witness gives the13 evidence or information, or produces the document or thing.14 Penalty: Imprisonment for 2 years or 120 penalty units, or both.15 Subdivision B—Evidence and procedure16 82 Evidence on oath or by affirmation17 Examiner may require witness to take oath or affirmation18 (1) At an examination:19 (a) an examiner conducting the examination may require a20 witness to either take an oath or make an affirmation; and21 (b) the examiner, or a person authorised under subsection (3),22 may administer an oath or affirmation to the witness.23 (2) The oath or affirmation is an oath or affirmation that the evidence24 the person will give will be true.25 (3) For the purposes of paragraph (1)(b), the Director-General may, in26 writing, authorise a person, or a class of persons, to administer an27 oath or affirmation.28

84 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Oath or affirmation administered via video link, audio link or other1 means2 (4) Subsection (5) applies to an oath to be sworn, or an affirmation to3 be made, by a person who is appearing at an examination by video4 link, audio link or other means to give evidence.5 (5) For the purposes of subsection (1), the oath or affirmation (as the6 case may be) may be administered by means of video link, audio7 link or other means in a way that, as nearly as practicable,8 corresponds to the way in which the oath or affirmation would be9 administered if the person were appearing to give evidence at the10 same place as the examiner.11

83 Examination of witnesses12 Power to examine13 (1) At an examination, the following persons may, so far as the14 examiner thinks appropriate, examine any witness on any matter15 that the examiner considers relevant to serious and organised crime16 identified in any authorisation to which the examination relates17 (including any authorisation subject to a determination made under18 subsection 66(1)):19 (a) the examiner conducting the examination;20 (b) counsel assisting the examiner;21 (c) any legal practitioner representing the witness at the22 examination in accordance with subsection 71(1).23 (2) The examination may be:24 (a) either of the following:25 (i) a pre-charge examination;26 (ii) a post-charge examination; and27 (b) either of the following:28 (i) a pre-confiscation application examination;29 (ii) a post-confiscation application examination.30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 85 Matters relevant to examination1 (3) For the purposes of subsection (1), the matters that the examiner2 considers relevant may include any of the following:3 (a) the subject matter of any charge, or imminent charge, against4 the witness;5 (b) the subject matter of any confiscation proceedings, or6 imminent confiscation proceedings, against the witness.7 (4) Subsection (3) does not limit the matters that the examiner may8 consider relevant for the purposes of subsection (1).9 84 Offence—Failure to take an oath, make an affirmation or answer10 a question11 A person commits an offence if:12 (a) the person is served with a summons to attend an13 examination; and14 (b) an examiner conducting the examination requires the person15 to:16 (i) take an oath or make an affirmation at the examination17 (see section 82); or18 (ii) answer a question at the examination; and19 (c) the person fails to comply with the requirement.20 Note: For privileges and protections, see Division 6 of this Part.21 Penalty: Imprisonment for 5 years or 300 penalty units.22 Subdivision C—Contempt of the ACIC23

85 Contempt of the ACIC24 (1) A person is in contempt of the ACIC if the person:25 (a) when appearing as a witness at an examination before an26 examiner:27 (i) refuses or fails to take an oath or make an affirmation at28 the examination; or29 (ii) refuses or fails to answer a question at the examination30 that the examiner requires the person to answer; or31

86 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (iii) refuses or fails to give information, or produce a1 document or thing, during an examination as required2 under subsection 59(4) or 65(1); or3 (iv) refuses or fails to provide assistance in accordance with4 a direction under subsection 67(2) or 68(2); or5 (v) gives evidence or information, or produces a document,6 during the examination that the person knows is false or7 misleading in a material particular; or8 (vi) obstructs or hinders the examiner or an ACIC staff9 member in the performance or exercise of the examiner10 or staff member’s functions, powers or duties in11 connection with an examination; or12 (vii) disrupts the examination; or13 (viii) threatens a person present at the examination; or14 (b) is a legal practitioner who is required to answer a question,15 give information, or produce a document or thing during an16 examination, and both of the following apply:17 (i) the answer or information would disclose, or the18 document or thing contains, a privileged communication19 made by or to the legal practitioner in their capacity as a20 legal practitioner;21 (ii) the legal practitioner refuses to comply with the22 requirement and does not, when required by the23 examiner under subsection 125(3), give the examiner24 the name and address of the person to or by whom the25 privileged communication was made.26 Examiner may give warning to person who may be in contempt27 (2) If the examiner conducting an examination considers that a person28 may be in contempt of the ACIC and the examiner intends to refer29 the matter to the Director-General under subsection (3), the30 examiner must inform the person that:31 (a) the Director-General may make an application under32 subsection 86(1) for the person to be dealt with for contempt33 of the ACIC; and34 (b) if the Director-General does so, a court may deal with the35 person under section 87.36

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 87 Examiner may refer person in contempt to Director-General1 (3) If the examiner informs the person as referred to in subsection (2),2 the examiner may refer the matter to the Director-General for the3 purpose of considering whether to, under subsection 86(1), apply4 to a court for the person to be dealt with for contempt of the ACIC.5 86 Application for court to deal with contempt6 (1) If subsection (2) applies to a person, the Director-General may7 apply to either of the following for the person to be dealt with for8 contempt of the ACIC:9 (a) the Federal Court;10 (b) the Supreme Court of the State or Territory in which the11 contempt occurs.12 (2) This subsection applies to a person if:13 (a) an examiner conducting an examination has informed the14 person, in accordance with subsection 85(2), that:15 (i) the Director-General may make an application under16 this section for the person to be dealt with for contempt17 of the ACIC; and18 (ii) if the Director-General does so, a court may deal with19 the person under section 87; and20 (b) the examiner has referred the matter to the Director-General21 in accordance with subsection 85(3).22 (3) The application must be accompanied by a certificate that states:23 (a) the grounds for making the application; and24 (b) evidence in support of the application.25 (4) A copy of the certificate must be given to the person before, or at26 the same time as, the application is made.27

87 Conduct of contempt proceedings28 (1) If the Director-General applies to a court to deal with a person for29 contempt of the ACIC, proceedings are to be instituted, carried on,30 heard and determined in accordance with the laws (including any31

88 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 rules of court) that apply in relation to the punishment of a1 contempt of the court.2 (2) In those proceedings, the certificate that sets out the grounds for3 making the application and evidence in support of the application4 is prima facie evidence of the matters specified in the certificate.5 (3) The court must:6 (a) consider the matters specified in the certificate; and7 (b) hear or receive any evidence or statements by or in support of8 the application; and9 (c) hear or receive any evidence or statements by or in support of10 the person.11 (4) If the court finds that the person was in contempt of the ACIC, the12 court may deal with the person as if the acts or omissions involved13 constituted a contempt of the court.14 (5) For the purposes of determining whether a person is in contempt of15 the ACIC, Chapter 2 of the Criminal Code applies as if:16 (a) being in contempt of the ACIC were an offence; and17 (b) references to the person being criminally responsible for an18 offence were references to a person being responsible for19 being in contempt of the ACIC.20 88 Director-General may withdraw contempt application21 The Director-General may, at any time, withdraw an application22 made under subsection 86(1) for a court to deal with a person for23 contempt of the ACIC.24

89 Double jeopardy25 (1) A person is not liable to be prosecuted for an offence in respect of26 conduct engaged in by that person if:27 (a) an application is made to the Federal Court or a Supreme28 Court under subsection 86(1) in respect of the conduct; and29 (b) the person is dealt with by the court under section 87 in30 respect of the conduct.31

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 89 (2) If a person is prosecuted for an offence in respect of the conduct1 referred to in section 85 without an application being made to the2 Federal Court or a Supreme Court under subsection 86(1) in3 respect of that conduct, an application must not be made under4 subsection 86(1) in respect of the conduct.5 Note: For double jeopardy generally, see section 4C of the Crimes Act 1914.6 Subdivision D—Travel documents and apprehension of7 witnesses8

90 Applying for orders to deliver travel documents9 (1) The Director-General may apply to a Judge of the Federal Court10 for an order that a person deliver a travel document to the11 Director-General if:12 (a) either or both of the following apply:13 (i) a summons has been issued requiring the person to14 attend an examination (whether or not the summons has15 been served);16 (ii) the person has appeared at an examination to give17 evidence or information, or to produce documents or18 things; and19 (b) the Director-General has reasonable grounds to believe that20 the person may be able:21 (i) to give evidence or information, or further evidence or22 information, that is relevant to serious and organised23 crime that is identified in any authorisation to which the24 examination relates (including any authorisation subject25 to a determination made under subsection 66(1)); or26 (ii) to produce documents or things, or further documents or27 things, that are relevant to serious and organised crime28 that is identified in any authorisation to which the29 examination relates (including any authorisation subject30 to a determination made under subsection 66(1)); and31 (c) there are reasonable grounds to suspect that the person has a32 travel document and intends to leave Australia.33

90 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (2) To avoid doubt, subsection (1) applies regardless of whether, under1 subsection 86(1), the Director-General has applied, or proposes to2 apply, to a court for the person to be dealt with for contempt of the3 ACIC.4 (3) Each of the following is a travel document:5 (a) an Australian travel document that has been issued to the6 person;7 (b) a passport or other travel document that has been issued to8 the person by or on behalf of the government of a foreign9 country.10 (4) The Director-General must give the Judge information on oath, or11 by affirmation, in support of the grounds for the application.12 (5) In this section, Australia includes the external Territories.13

91 Orders to deliver travel documents14 Judge may order witness to appear before Federal Court15 (1) If a Judge of the Federal Court is satisfied, on the evidence, that the16 requirements of paragraphs 90(1)(a), (b) and (c) are met, the Judge17 may make an order:18 (a) requiring the person to appear before the Federal Court on a19 day, and at a time and place, specified in the order; and20 (b) requesting the person to show cause why the person should21 not be ordered to deliver the travel document referred to in22 paragraph 90(1)(c) to the Director-General.23 Note: The power conferred on a Judge under this subsection is conferred on24 the Judge in the Judge’s personal capacity: see subsection 100(1).25 Federal Court may order witness to deliver travel document to26 Director-General27 (2) If a person appears before the Federal Court as required by an28 order made under subsection (1), the Court may, if it thinks fit,29 make an order:30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 91 (a) requiring the person to deliver to the Director-General a1 travel document that is in the person’s possession, custody or2 control; and3 (b) authorising the Director-General to retain the travel4 document until the end of the period (not more than 1 month)5 that is specified in the order.6 Extension of period that Director-General may retain travel7 document8 (3) The Federal Court may, upon application by the Director-General,9 extend the period for which the Director-General is authorised to10 retain a travel document by up to 1 month.11 (4) The period for which the Director-General is authorised to retain a12 travel document may be extended under subsection (3) more than13 once.14 (5) Despite subsection (4), if the Federal Court extends, or further15 extends, the period for which the Director-General is authorised to16 retain a travel document, the total period must not be more than 317 months.18 Revocation of court order19 (6) If the Federal Court makes an order authorising the20 Director-General to retain a travel document issued to a person, the21 Court may revoke the order:22 (a) on application by the person; or23 (b) on the Court’s own initiative.24 (7) If the Federal Court revokes the order, the Director-General must25 return the travel document to the person immediately.26 Jurisdiction of the Federal Court27 (8) The Federal Court has jurisdiction with respect to matters arising28 under this section.29

92 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 92 Application by telephone or other electronic means1 General requirements for application2 (1) The Director-General may, by telephone or other electronic means,3 apply under subsection 90(1) to a Judge of the Federal Court for an4 order that a person deliver a travel document to the5 Director-General if:6 (a) there are urgent circumstances; or7 (b) the delay that would occur if an application were made in8 person would frustrate the effective execution of the order.9 (2) The Judge:10 (a) may require communication by voice to the extent that it is11 practicable in the circumstances; and12 (b) may make a recording of the whole or any part of any such13 communication by voice.14 (3) An application made in accordance with subsection (1) must15 include all information required to be provided in a written16 application under subsection 90(1), but the application may, if17 necessary, be made before the information is sworn or affirmed.18 Judge may make order on electronic application19 (4) Subsection (5) applies if an application is made to a Judge under20 this section and the Judge, after considering the information and21 having received and considered such further information (if any) as22 the Judge requires, is satisfied that:23 (a) an order in the terms of the application should be issued24 urgently; or25 (b) the delay that would occur if an application were made in26 person would frustrate the effective execution of the order.27 (5) The Judge may make an order of the same kind that can be made28 under subsection 91(2).29 Note: A function or power conferred on a Judge under this section is30 conferred on the Judge in the Judge’s personal capacity: see31 subsection 100(1).32

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 93 (6) If the Judge makes an order under subsection (5), the order must be1 made in the same manner and form as an order of the same kind2 that can be made under subsection 91(2).3 Director-General must confirm application in writing4 (7) The Director-General must, before the end of the day after the day5 the order is signed, cause the Judge to be given:6 (a) an application in writing completed by the applicant; and7 (b) if the information referred to in subsection (3) was not sworn8 or affirmed—that information duly sworn or affirmed.9 (8) An order is not invalid merely because the applicant does not10 comply with subsection (7).11

93 Offence—leaving Australia in contravention of order12 (1) A person commits an offence if:13 (a) an order under subsection 91(1) has been made in respect of a14 person; and15 (b) a copy of that order has been served on the person; and16 (c) the person leaves Australia.17 Penalty: Imprisonment for 5 years or 300 penalty units.18 Strict liability19 (2) Strict liability applies to paragraph (1)(a).20 Note: For strict liability, see section 6.1 of the Criminal Code.21 Exception—compliance with order to appear where person not22 required to deliver travel documents23 (3) Subsection (1) does not apply to a person if:24 (a) the person has appeared before the Federal Court as required25 by the order referred to in paragraph (1)(a); and26 (b) the Court has not made an order in respect of the person27 under subsection 91(2) requiring the person to deliver travel28 documents to the Director-General.29

94 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Exception—compliance with orders to appear and deliver travel1 documents2 (4) Subsection (1) does not apply to a person if:3 (a) the person has appeared before the Federal Court as required4 by the order referred to in paragraph (1)(a); and5 (b) the Court has made an order in respect of the person under6 subsection 91(2) requiring the person to deliver travel7 documents to the Director-General; and8 (c) both of the following apply:9 (i) the person has complied with the terms of that order;10 (ii) any travel document delivered by the person to the11 Director-General in accordance with that order has been12 returned to the person.13 (5) In this section, Australia includes the external Territories.14 94 Application for warrant to apprehend and detain witness15 (1) If the Director-General has reasonable grounds to believe that a16 person has committed an offence under section 75 (failure to attend17 examination), the Director-General may apply to a superior court18 judge for a warrant to apprehend and detain the person for the19 purposes of bringing the person before:20 (a) an examiner for the purposes of an examination; or21 (b) a superior court judge for the purposes of making an order22 under subsection 96(4).23 (2) The Director-General must give the judge information on oath, or24 by affirmation, in support of the grounds for the application.25 (3) A superior court judge is:26 (a) a Judge of the Federal Court; or27 (b) a Judge of the Supreme Court of a State or Territory.28

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 95

95 Warrant to apprehend and detain person1 Superior court judge may issue warrant to apprehend and detain2 person3 (1) A superior court judge may issue to the Director-General a warrant4 authorising a person to be apprehended and detained in the5 circumstances set out in subsection (2) for the purposes of bringing6 the person before:7 (a) an examiner for the purposes of an examination; or8 (b) a superior court judge for the purposes of making an order9 under subsection 96(4).10 Note: The power conferred on a judge under this subsection is conferred on11 the judge in the judge’s personal capacity: see subsection 100(4).12 (2) The circumstances are:13 (a) the Director-General has applied to the judge under14 subsection 94(1) for the warrant in relation to the person; and15 (b) the judge is satisfied, on the evidence, that there are16 reasonable grounds for believing that the person has17 committed an offence under section 75 (failure to attend18 examination); and19 (c) the judge is satisfied it is appropriate to issue the warrant in20 all the circumstances.21 (3) The warrant may be executed by a constable.22 (4) A person executing the warrant is authorised to break into and23 enter any premises for the purposes of executing the warrant.24 (5) A person executing the warrant may only use such reasonable force25 as is necessary for the execution.26 Inspector-General of Intelligence and Security to be notified27 (6) The Director-General must give to the Inspector-General of28 Intelligence and Security, before the end of the period of 3 business29 days beginning on the day after the day the warrant is issued:30 (a) a copy of the warrant; and31 (b) a copy of the application for the warrant; and32

96 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (c) if the information given under subsection 94(2) is given in1 writing—a copy of the document recording that information.2 (7) A warrant is not invalid merely because the Director-General does3 not comply with subsection (6).4 96 Person apprehended and detained must be brought before5 examiner or judge6 Person apprehended and detained to be brought before examiner7 or superior court judge8 (1) A person apprehended and detained under a warrant issued under9 subsection 95(1) must be immediately brought before:10 (a) an examiner for the purposes of an examination; or11 (b) a superior court judge for the purposes of making an order12 under subsection (4).13 (2) If the person is brought before an examiner, the warrant ceases to14 be in force at the time the person is brought before the examiner.15 Note: If the person is brought before a superior court judge, the judge must16 order that the person be released with or without conditions.17 (3) Despite subsection (1), if it is not possible to bring the person18 immediately before an examiner or a superior court judge, the19 person may be detained only:20 (a) to the extent it is necessary in order to bring the person21 before an examiner or superior court judge for a purpose set22 out in subsection (1); and23 (b) until the earliest time it is possible to bring the person before24 an examiner or superior court judge for a purpose set out in25 subsection (1).26 Judge must order release with or without conditions27 (4) If the person is brought before a superior court judge, the judge28 must:29 (a) order that the person be released on:30 (i) the condition that the person appear before an examiner;31

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 97 (ii) such other conditions (if any) imposed by the judge1 under subsection (6); or2 (b) order that the person be released without conditions.3 Note: A function or power conferred on a judge under this section is4 conferred on the judge in the judge’s personal capacity: see subsection5 100(4).6 (5) For the purposes of making an order under paragraph (4)(a) that7 the person be released on one or more conditions, the judge must8 consider whether the person would be likely to appear before an9 examiner if the person were to be released without the conditions.10 Release may be subject to additional conditions11 (6) For the purposes of subparagraph (4)(a)(ii), the judge may also12 impose any other condition on release, including the following:13 (a) that the person surrenders the following documents:14 (i) any Australian travel document that has been issued to15 the person;16 (ii) any passport or other travel document that has been17 issued to the person by or on behalf of the government18 of a foreign country;19 (b) that the person give an undertaking as to the person’s living20 arrangements;21 (c) that the person report as required to a law enforcement22 agency.23 (7) If an order is made under paragraph (4)(a), the judge may, at any24 time:25 (a) vary or revoke a condition imposed under subsection (6); or26 (b) impose a new condition under subsection (6).27

97 Offence—failure to comply with conditions of release28 A person commits an offence if:29 (a) the person is subject to one or more conditions imposed30 under paragraph 96(4)(a); and31 (b) the person fails to comply with the conditions.32

98 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Penalty: Imprisonment for 2 years or 120 penalty units, or both.1 Subdivision E—Miscellaneous2 98 Allowances for travelling and other expenses3 (1) A witness who is summoned to attend an examination is entitled to4 be paid by the Commonwealth any allowances for expenses5 incurred as a result of complying with the summons that are6 prescribed by the rules.7 (2) For the purposes of subsection (1), the rules may prescribe:8 (a) the kinds of expenses for which allowances are payable; and9 (b) the amount of each such allowance.10 (3) If no amount is prescribed for the purposes of subsection (1) in11 relation to a particular kind of expense incurred by a person12 complying with a summons, the person is entitled to be paid by the13 Commonwealth the allowance for the expense, if any, that is14 determined by the Director-General.15