111Variation and revocation of directions by examiner8

111 Variation and revocation of directions by examiner8 Variation or revocation by examiner9 (1) An examiner may vary or revoke a direction made under10 subsection 110(1) if:11 (a) for a direction that applies to compelled material covered by12 one or more of paragraphs 108(1)(b), (c), (d), (e) and (g) in13 relation to an examination—the examination has not yet14 concluded; or15 (b) for a direction that applies to compelled material covered by16 one or more of paragraphs 108(1)(f) and (h) in relation to a17 notice to produce—the notice to produce has not yet been18 complied with.19 (2) However, an examiner must not vary or revoke the direction if the20 variation or revocation:21 (a) might prejudice a person’s safety; or22 (b) would reasonably be expected to prejudice the witness’ fair23 trial, if the witness has been charged with a relevant offence24 or such a charge is imminent.25 Requirement to consider variation or revocation26 (3) If the condition in paragraph (1)(a) or (b) is satisfied in relation to a27 direction and a request is made by the witness for the compelled28 material to be disclosed, an examiner must consider varying or29 revoking the direction in accordance with the request.30 (4) Subsection (5) applies if:31 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 115 (a) subsection (1) applies to a direction; and1 (b) at the time the direction is made, the examiner who made the2 direction is not aware that the direction applies to a person3 who has a disability or vulnerability that could affect the4 person’s ability to comply with the direction; and5 (c) after the time the direction is made, an examiner becomes so6 aware.7 (5) The examiner who becomes so aware as mentioned in8 paragraph (4)(c) must consider varying or revoking the direction so9 that the compelled material may be disclosed to enable the person10 to obtain assistance in:11 (a) complying with the direction; or12 (b) otherwise engaging with the ACIC for the purposes of this13 Part.14 Form of variation or revocation15 (6) A variation or revocation under this section:16 (a) if the direction is varied or revoked during an examination—17 may be made orally or in writing; or18 (b) if paragraph (a) does not apply—must be made in writing.19 (7) If a variation or revocation under this section is made in writing,20 the variation or revocation is not a legislative instrument.21 Limitation22 (8) To avoid doubt, section 113 applies to the direction as varied in the23 same way as it applies to the direction as made.24 Note: Compelled material can be disclosed to a court in certain25 circumstances: see section 113.26 112 Variation and revocation of directions by Director-General27 Variation or revocation by Director-General28 (1) The Director-General may vary or revoke a direction made under29 subsection 110(1) if:30