102Australian Criminal Intelligence Commission Bill 2026 No. , 2026

102 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 102 Use of non-disclosure notations1 When a non-disclosure notation must be included2 (1) An examiner must, in the circumstances set out in subsection (2),3 include a non-disclosure notation in a notice to produce or a4 summons.5 (2) The circumstances are that the examiner is satisfied that not6 including the non-disclosure notation could reasonably be expected7 to prejudice:8 (a) a person’s safety; or9 (b) a person’s fair trial, if the person has been charged with an10 offence or such a charge is imminent; or11 (c) the ACIC’s ability to obtain intelligence relevant to serious12 and organised crime.13 When a non-disclosure notation may be included14 (3) An examiner may, in the circumstances set out in subsection (4),15 include a non-disclosure notation in a notice to produce or a16 summons.17 (4) The circumstances are that the examiner is satisfied that not18 including the non-disclosure notation:19 (a) might prejudice:20 (i) a person’s safety; or21 (ii) a person’s fair trial, if the person has been charged with22 an offence or such a charge is imminent; or23 (iii) the ACIC’s ability to obtain intelligence relevant to24 serious and organised crime; or25 (b) might be contrary to the public interest.26 Non-disclosure notation must not otherwise be included27 (5) An examiner must not include a non-disclosure notation in any28 other case.29 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 103 Disclosure of information to legal practitioner may be prohibited1 (6) Without limiting subsections (1) and (3), a non-disclosure notation2 specified in a summons may prohibit the disclosure of information3 to a particular legal practitioner.4 Statement of rights and obligations5 (7) A non-disclosure notation included in a notice to produce or6 summons must be accompanied by a written statement setting out7 the rights and obligations conferred or imposed by section 1068 (failure to comply with non-disclosure notations).9 Failure to include non-disclosure notation does not affect validity10 (8) A failure to comply with subsection (1) or (7) does not affect the11 validity of the notice to produce or summons.12