Australian Criminal Intelligence Commission Bill 2026

Central concepts in the bill revolve around serious and organised crime, defined in section 10 as federal offences involving two or more offenders, substantial planning or organisation, and sophisticated methods, punishable by at least two years imprisonment or prescribed by rules, with State offences having a federal aspect under section 11. Coercive powers form a core pillar, encompassing notices to produce under section 50 requiring information, documents or things, and examinations under Division 4 of Part 3 where examiners may summon witnesses under section 59, require oaths or affirmations under section 82, and expand examination purposes under section 66, all contingent on ministerial authorisations under section 41 that remain in force for up to 12 months extendable to 36 months. Controlled intelligence operations under Part 4 represent operations involving ACIC staff members for intelligence gathering on serious and organised crime, authorised by CIO authorities granted by the Attorney-General under section 130 or urgently by the Director-General under section 133, granting immunity for controlled conduct under section 143 provided it does not seriously endanger persons, involve sexual offences or cause significant property damage. Search warrants distinguish between premises search warrants under section 157 authorising entry, search, seizure and data access, and person search warrants under section 161 for searching individuals, possessions or conveyances, with general restrictions on force and data alteration under section 165. National policing information under Part 6 includes information accessible through the system declared under section 181, with contributors retaining possession and control under section 185 while the ACIC administers access and fees. Criminal intelligence assessments under section 208 are written statements on whether prescribed administrative action, such as firearms licence decisions under section 210, aligns with preventing serious and organised crime, with adverse assessments under section 209 subject to review by the Administrative Review Tribunal under section 217. Returnable items under section 232 encompass search warrant items and produced items, governed by use and sharing rules in sections 233 to 235 with mandatory return obligations under section 236 unless retention orders apply. Oversight mechanisms include IGIS notifications for approvals under section 27, contempt proceedings under sections 85 to 89, and record-keeping requirements under section 271 covering authorisations, summonses, warrants and arrangements.

The bill directly affects the Australian Criminal Intelligence Commission and its personnel, including the Director-General appointed under section 243, examiners appointed under section 251 who must be legal practitioners or former judges, ACIC employees engaged under the Public Service Act 1999 under section 259, consultants under section 260, and seconded or assisting persons under sections 261 to 263. Law enforcement agencies such as the Australian Federal Police and State or Territory police forces are affected through cooperation requirements under sections 27 to 29, policing support agreements under section 28, and access to the national policing information system as users or contributors under sections 183 and 184. Intelligence and security agencies including ASIO, ASIS, ASD, AGO, DIO and ONI may receive communications of ACIC information under section 221 and cooperate on functions. Commonwealth agencies receive criminal intelligence assessments under section 212 for background checks related to aviation, maritime or firearms matters, while State and Territory agencies are impacted by conferral of duties under section 187 and arrangements for sharing returnable items under section 240. Individuals subject to coercive powers, including those served with notices to produce under section 50 or summonses under section 59, witnesses at examinations under section 64, and persons searched under warrants issued under sections 157 or 161, face obligations to comply with penalties for non-compliance under sections 56, 75 and 76, though protected by legal professional privilege under section 125, use immunity under section 126, and rights to legal representation under section 71. Accredited bodies approved under section 190 for nationally coordinated criminal history check services must comply with communication conditions under section 191. Persons with interests in returnable items may appear in proceedings under section 238 for retention or forfeiture orders. The National Policing Information Committee under section 193, comprising representatives from the ACIC, AFP, State and Territory police, and the Department, advises on priorities and charges. Oversight bodies including the Inspector-General of Intelligence and Security receive notifications under sections 27, 37, 152 and 270, while the Administrative Review Tribunal reviews adverse criminal intelligence assessments under section 217. The public and media are indirectly affected through transparency provisions such as annual reports under section 272 and tabling of ministerial directions under section 37.

Members of the public and practitioners will want to know whether they can be compelled to attend examinations or produce documents, with the bill providing that examiners may issue summonses under section 59 or notices to produce under section 50 if they reasonably suspect the person holds information relevant to serious and organised crime identified in a current ministerial authorisation, with compliance required within at least 24 hours unless urgency applies under section 53, and offences carrying up to five years imprisonment for failure under sections 56 and 75. Individuals will seek clarity on protections during coercive processes, noting that legal professional privilege may be claimed under section 125 with a requirement to provide client details if refusing, while the privilege against self-incrimination is limited under section 126 with use immunity preventing direct use in criminal proceedings except for contempt or false evidence offences. People subject to search warrants will want details on what premises or person search warrants authorise, including entry to adjoining premises, ordinary or frisk searches, seizure of documents or things, and data access from computers under sections 158 and 162, with force permitted under section 165 but no strip searches or body cavity searches. Those involved in criminal history checks will ask about accredited bodies under section 190 and how information from services is communicated under section 191 without breaching contributor restrictions. Witnesses at examinations will need to understand non-disclosure notations under section 101 that may prohibit discussing the summons or examination, cancellable by the Director-General under section 104, with offences for breach under section 106 carrying up to 10 years if aggravating factors like endangering safety apply. Persons facing adverse criminal intelligence assessments will want to know review rights under section 217 to the Administrative Review Tribunal, subject to exceptions for firearms matters under section 218, and that the ACIC may withhold notice if the Minister certifies prejudice to law enforcement interests under section 213. Agencies and bodies cooperating with the ACIC will seek information on CIO authorities under Part 4 granting immunity for unlawful conduct during operations, with urgent grants possible by the Director-General under section 133 but requiring Attorney-General affirmation under section 135 within the authority's short initial duration. Individuals concerned about privacy will ask about data handling in national policing information systems under section 185 where contributors retain control, and limits on continued ACIC access to data from seized devices under sections 52, 69 and 177. Legal practitioners will want to know their role in examinations under section 71, potential exclusion if attendance prejudices operations, and obligations when representing clients subject to non-disclosure notations.

The bill was introduced and read a first time in the House of Representatives on the date indicated in the presented document, with the short title Australian Criminal Intelligence Commission Bill 2026 and portfolio responsibility assigned to Home Affairs. As an introduced bill originating in the House of Representatives, it must complete second reading debate, committee consideration if referred, and third reading before transmission to the Senate for similar stages. No parliamentary progress beyond introduction is recorded in the official materials, and the bill contains no specified commencement details beyond the standard provision in section 2 that sections 1 and 2 commence on royal assent while sections 3 to 275 commence on a day fixed by proclamation or automatically after 18 months if no proclamation is made. Following passage through both houses and royal assent, the Minister may issue proclamations to bring provisions into force, potentially in stages to allow for administrative preparations such as appointments of examiners under section 251, establishment of the National Policing Information Committee under section 193, and development of rules under section 275. The Director-General must then issue instructions for searches under section 211(7) and make arrangements with the Inspector-General of Intelligence and Security under section 270 for record-keeping and notifications. Existing ACIC operations under the 2002 Act would transition under the continuation provision in section 23, with new authorisations and warrants required for ongoing coercive activities. Stakeholders including law enforcement agencies and oversight bodies would receive briefings on new procedures for CIO authorities, search warrants and criminal intelligence assessments. Periodic review of the Act and rules is mandated under section 274 within five years of commencement, to be conducted by qualified persons with a report tabled in Parliament after ministerial deletions for sensitive matters.

The bill creates extensive powers for the Minister to issue authorisations under section 41 identifying serious and organised crime for coercive action, with discretion to consider economic or social harm, prevalence of offences, and involvement of entities or groups, and to vary or revoke them under sections 44 and 45. Examiners gain powers to give agency directions under section 47 requiring heads of Commonwealth, State or Territory agencies to produce information or documents, subject to exempt secrecy provisions listed in section 48, and to issue notices to produce under section 50 and summonses under section 59 with requirements for assistance accessing data under sections 51 and 67. During examinations, examiners may require information, documents or things under section 65, expand purposes under section 66, administer oaths under section 82, and make non-disclosure notations under section 101 or directions on compelled material under section 110, with variation powers under sections 54, 63, 111 and 112. The Director-General holds powers to request CIO authorities under section 129 or urgently grant them under section 133, request premises and person search warrants under sections 156 and 160, request assistance orders under section 174, approve accredited bodies under section 190, declare systems as part of the national policing information system under section 181, authorise access under section 184, and make directions on information use under section 222. The Attorney-General gains powers to grant CIO authorities under section 130, issue search warrants under sections 157 and 161, make assistance orders under section 175, and certify information for non-disclosure under sections 212 and 213. Rights created include the right to legal representation at examinations under section 71 with limited exclusion, allowances for expenses under sections 55 and 98, protection from liability for giving information to the ACIC under section 228, and review of adverse criminal intelligence assessments by the Tribunal under section 217. Duties include compliance with notices and summonses under sections 56, 75 and 76, reporting by the Director-General on authorisations under section 46 and warrants under sections 170 to 172, record-keeping under section 271, and cooperation agreements under section 28. The bill imposes duties on contributors of national policing information under section 183 to ensure lawful provision and communicate restrictions, and on the ACIC as administrator under section 182 to restrict access as instructed.

Financial provisions include the power for the ACIC to charge fees under section 31 for goods or services in national policing information functions, with rules prescribing amounts, exemptions, refunds and penalties for late payment, though fees must not amount to taxation and charges under the Australian Criminal Intelligence Commission (National Policing Information Charges) Act 2026 apply separately for criminal history checks. Amounts received are credited to the National Policing Information Systems and Services Special Account under section 204, with purposes including system development, operational costs, remuneration and refunds under section 206. Penalties are substantial, with imprisonment for five years or 300 penalty units for failing to comply with notices to produce under section 56, failing to attend examinations under section 75, giving false information under sections 57 and 79, obstructing examinations under section 80, and unauthorised communication of ACIC information under section 223 or compelled material under section 115. Aggravated offences carrying 10 years or 600 penalty units apply for disclosures intending to endanger safety or prejudice operations under sections 106, 107 and 116. Contempt of the ACIC under section 85 may lead to court proceedings under sections 86 to 89 with double jeopardy protections. Enforcement mechanisms include court orders for delivery of travel documents under section 91 and warrants to apprehend witnesses under section 95, with offences for leaving Australia in contravention under section 93 and failing to comply with release conditions under section 97. The Director-General may waive or reduce charges under section 32 in prescribed circumstances, and the Commonwealth is notionally liable for charges. Compensation for acquisition of property is available under section 230 if operation of immunity provisions results in unjust acquisition. Corporate plans and annual reports under sections 273 and 272 must address financial performance related to these functions.

Although the official materials does not detail specific controversies or stakeholder reactions, the bill's structure highlights policy trade-offs between enhanced intelligence capabilities and individual rights protections. A key pressure point lies in the coercive powers regime under Part 3, where use immunity under section 126 limits self-incrimination protections to direct use in proceedings while allowing derivative material to be obtained and disclosed to prosecutors under sections 118 to 124, potentially pressuring witnesses in post-charge scenarios despite additional considerations required under sections 50(4) and 59(5). Non-disclosure notations under section 101, mandatory in some cases to protect safety or fair trials, create tensions with open justice principles and credit reporting obligations under section 105, with offences extending to secondary disclosures under section 107. The CIO regime under Part 4 grants broad immunity for unlawful conduct under section 143 but requires Attorney-General satisfaction on proportionality and limits on serious harm, raising questions about accountability for civilian participants and the balance with existing warrant regimes under section 144. Search warrant provisions permitting data alteration and continued access under sections 158 and 162, combined with assistance orders under section 175 enforceable by five-year penalties, involve trade-offs between operational effectiveness and privacy safeguards, with post-execution concealment activities reportable under section 171 but extending up to 28 days after warrant expiry. Automation of criminal intelligence assessments under section 215, while requiring Director-General oversight and IGIS consultation under section 216, introduces risks of algorithmic bias in decisions affecting firearms licences or security clearances, with substituted action provisions under section 215(6) allowing manual override but potentially undermining consistency. Oversight by the IGIS through notifications and record access under sections 27, 37, 152 and 270 provides checks, yet the breadth of exempt secrecy provisions in section 48 and limitations on Tribunal review for certain firearms matters under section 218 may limit transparency. The national policing information framework under Part 6, with contributors retaining control under section 185 but ACIC administering access, balances information sharing against risks of unauthorised use, enforced through offences and evidentiary certificates under section 229.

If the bill passes, the ACIC would operate under a modernised, self-contained Act replacing the 2002 legislation, with clearer statutory authority for its intelligence, policing information and assessment functions under section 24. Coercive activities would require explicit ministerial authorisations identifying serious and organised crime, providing greater parliamentary visibility through reporting under section 46 and tabling of directions under section 37. The new CIO regime would enable authorised operations with participant immunity, facilitating deeper infiltration of criminal networks while imposing strict conditions and post-operation reporting under section 154. Search and data access powers would be explicitly legislated with time-limited warrants up to 90 days for premises and 28 days for persons, extendable once, and mandatory assistance orders for device access, streamlining evidence gathering but requiring detailed execution reports under sections 170 to 173. National policing information services would gain dedicated governance through the Committee under section 193 and special account funding under section 204, potentially improving coordination of criminal history checks and system enhancements with fee recovery mechanisms. Criminal intelligence assessments would become a formal tool for prescribed administrative actions like firearms licensing, with automated processing options under section 215 subject to safeguards, and affected persons gaining Tribunal review rights under section 217 except in specified cases. Information handling would be subject to comprehensive offences and exceptions under Part 8, with returnable item rules ensuring eventual return or forfeiture under court orders, reducing ad hoc practices. Administrative arrangements would include enhanced misconduct termination powers under section 264 and limited delegations, while periodic five-year reviews under section 274 would ensure ongoing scrutiny. Overall, passage would strengthen the ACIC's operational toolkit against organised crime with built-in oversight, though implementation would require new rules, appointments and inter-agency agreements within the 18-month default commencement period.

• Australian Criminal Intelligence Commission Bill 2026: what changes if it passes. A plain-English angle on the powers, duties and institutions the bill would create or change.
• The practical question in this introduced bill. Focus on who would need to act differently if Parliament passes it.
• What the bill actually says, not the political noise. Pull out the main operational changes and point readers back to the clauses.
• The compliance angle. Explain which agencies, regulated entities or decision-makers would carry new obligations.
• The next-step angle. Use the bill's current status to explain what still has to happen before the changes become law.
• Why this bill is worth watching. Tie the hook to: The bill has been introduced in the House of Representatives.