128Australian Criminal Intelligence Commission Bill 2026 No. , 2026

128 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (a) a prosecuting authority who is not a prosecutor of the1 witness; or2 (b) an individual employed or engaged by a prosecuting3 authority mentioned in paragraph (a).4 (5) This section has effect subject to any law of the Commonwealth, or5 law of a State or a Territory.6 124 Making material available to proceeds of crime authorities7 (1) A person or body, that may lawfully disclose compelled material or8 derivative material, may lawfully disclose the compelled material9 or derivative material to a proceeds of crime authority if the10 disclosure is:11 (a) a pre-confiscation application disclosure of pre-confiscation12 application compelled material; or13 (b) a post-confiscation application disclosure of pre-confiscation14 application compelled material; or15 (c) a post-confiscation application disclosure of derivative16 material obtained from pre-confiscation application17 compelled material (whether from a pre-confiscation18 application use of the compelled material or otherwise); or19 (d) a pre-confiscation application disclosure of derivative20 material obtained from pre-confiscation application21 compelled material; or22 (e) a post-confiscation application disclosure of23 post-confiscation application compelled material; or24 (f) a post-confiscation application disclosure of derivative25 material obtained from post-confiscation application26 compelled material.27 (2) Subsection (1) has effect subject to:28 (a) section 126 (privilege against self-incrimination); and29 (b) any direction made under subsection 110(1) (directions about30 use or disclosure of compelled material) that is in force.31 (3) If material is lawfully in the possession of a proceeds of crime32 authority, the fact that the material is compelled material or33 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 129 derivative material does not prevent it from being admissible in1 evidence against the witness in a confiscation proceeding.2 Note: The material may be inadmissible for other reasons (for example,3 because of subsection 126(3)).4 (4) Subsections (3) and 126(5) (self-incrimination) do not, by5 implication, restrict a court’s power to make any orders necessary6 to prevent prejudice to the proper administration of justice.7 Division 6 Privileges and protections 130 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 6—Privileges and protections1 125 Legal professional privilege2 Legal practitioner may refuse to provide privileged communication3 (1) A legal practitioner may refuse to answer a question, give4 information, or produce a document, as required under a notice to5 produce or during an examination, if either of the following6 applies:7 (a) answering the question or giving the information would8 disclose a privileged communication made to or by the legal9 practitioner in their capacity as a legal practitioner;10 (b) the document contains a privileged communication made to11 or by the legal practitioner in their capacity as a legal12 practitioner.13 (2) Subsection (1) does not apply if the person (the client) to or by14 whom the privileged communication was made agrees to the legal15 practitioner answering the question, giving the information, or16 producing the document.17 Legal practitioner may be required to give other details18 (3) If a legal practitioner refuses to answer a question, give19 information, or produce a document in accordance with20 subsection (1), the legal practitioner must, if required by an21 examiner, give the examiner the name and address of the client.22 Disclosure does not otherwise affect legal professional privilege23 (4) If the client agrees as referred to in subsection (2):24 (a) the fact that the legal practitioner gives an answer or25 information, or produces a document, that discloses or26 contains the privileged communication does not otherwise27 affect a claim of legal professional privilege that anyone may28 make in relation to that privileged communication; and29 (b) the privileged communication does not cease to be the30 subject of legal professional privilege merely because it is31 Privileges and protections Division 6 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 131 referred to in an answer or information that is given, or1 contained in a document that is produced.2 Offence—failure to give name and address of client3 (5) A person commits an offence if:4 (a) the person is a legal practitioner; and5 (b) the person refuses to answer a question, give information, or6 produce a document, in accordance with subsection (1), on7 the basis that doing so would disclose a privileged8 communication; and9 (c) an examiner requires the person, under subsection (3), to give10 the name and address of the client to or by whom the11 privileged communication was made; and12 (d) the person fails to comply with the requirement.13 Penalty: Imprisonment for 5 years or 300 penalty units.14 126 Limit on privilege against self-incrimination etc.15 Privilege against self-incrimination etc.16 (1) An individual is not excused from giving an answer or information,17 or producing a document or thing, as required by a notice to18 produce or during an examination, on the ground that doing so19 would tend to incriminate the individual.20 Note: A body corporate is not entitled to claim the privilege against21 self-incrimination.22 (2) If, at general law, an individual would otherwise be able to claim23 the privilege against self-exposure to a penalty (other than a24 penalty for an offence) in relation to giving an answer or25 information, or producing a document or thing, as required by a26 notice to produce or during an examination, the individual is not27 excused from giving the answer or information, or producing the28 document or thing, on that ground.29 Note: A body corporate is not entitled to claim the privilege against30 self-exposure to a penalty.31