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Australian Criminal Intelligence Commission Bill 2026
128Australian Criminal Intelligence Commission Bill 2026 No. , 2026
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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