110Australian Criminal Intelligence Commission Bill 2026 No. , 2026

110 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 purpose of obtaining legal advice or representation in1 relation to the notice or summons; or2 (iii) to a legal aid officer for a purpose mentioned in3 paragraph (c); or4 (c) if the person is a legal aid officer:5 (i) for the purpose of giving legal advice or making6 representations in relation to the notice or summons, or7 any official matter connected with the notice or8 summons; or9 (ii) for the purpose of obtaining assistance under section10 269 in relation to the notice or summons or any official11 matter connected with the notice or summons; or12 (d) to an IGIS official for the purpose of the IGIS official13 exercising a power, or performing a function or duty, as an14 IGIS official; or15 (e) as a NACC disclosure within the meaning of the National16 Anti-Corruption Commission Act 2022.17 Note: A defendant, except for an IGIS official, bears an evidential burden in18 relation to this subsection: see subsection 13.3(3) of the Criminal19 Code. For IGIS officials, see section 34C of the Inspector-General of20 Intelligence and Security Act 1986.21 Extended geographical jurisdiction22 (6) Section 15.4 of the Criminal Code (extended geographical23 jurisdiction—category D) applies to an offence against24 subsection (1) or (2).25 (7) Subsection (6) does not, by implication, affect the interpretation of26 any other provision of this Act.27 Alternative verdict28 (8) In a prosecution for an offence against subsection (2), the trier of29 fact may find the defendant not guilty of that offence but guilty of30 an offence against subsection (1) if:31 (a) the trier of fact:32 (i) is not satisfied that the defendant is guilty of the offence33 against subsection (2); but34

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 111 (ii) is satisfied beyond reasonable doubt that the defendant1 is guilty of the offence against subsection (1); and2 (b) the defendant has been accorded procedural fairness in3 relation to that finding of guilt.4 Interpretation5 (9) A reference in this section to disclosing the existence of a thing6 includes a reference to disclosing information from which a person7 could reasonably be expected to infer the existence of the thing.8 Subdivision B—Use and disclosure of compelled material9 108 Meaning of compelled material10 (1) Compelled material is any of the following:11 (a) information given, or a document or thing produced, by a12 person as required by a notice to produce;13 (b) information or evidence given by a person during an14 examination;15 (c) a document or thing produced by a person during an16 examination;17 (d) information, or a document or thing, given to a person during18 an examination or a question asked of a person at an19 examination;20 (e) the identity, or information that may reveal the identity, of a21 person who has given evidence at an examination;22 (f) the identity, or information that may reveal the identity, of a23 person who has been served with a notice to produce or a24 summons;25 (g) the fact that a person has given or may be about to give26 evidence at an examination;27 (h) the fact that a person has been served with or may be about to28 be served with a notice to produce.29 (2) Compelled material includes copies, contents or descriptions of30 that material.31