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Australian Criminal Intelligence Commission Bill 2026
136Australian Criminal Intelligence Commission Bill 2026 No. , 2026
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136 Australian Criminal Intelligence Commission Bill 2026 No. , 2026
(a) the controlled intelligence operation will assist the ACIC in1
the performance of the function set out in paragraph 24(a);2
(b) the circumstances justify the conduct of a controlled3
intelligence operation;4
(c) any unlawful conduct involved in conducting the controlled5
intelligence operation will be limited to the maximum extent6
consistent with conducting an effective controlled7
intelligence operation;8
(d) the controlled intelligence operation will not be conducted in9
such a way that a person is likely to be induced to commit an10
offence against a law of the Commonwealth, a State or a11
Territory that the person would not otherwise have intended12
to commit;13
(e) any unlawful conduct of participants in the controlled14
intelligence operation will not:15
(i) seriously endanger the health or safety of any person; or16
(ii) cause the death of, or serious injury to, any person; or17
(iii) involve the commission of a sexual offence against any18
person; or19
(iv) result in significant loss of, or serious damage to,20
property;21
(f) any role assigned to a civilian participant in the controlled22
intelligence operation is not one that could be adequately23
performed by an ACIC staff member.24
(3) For the purposes of paragraph (2)(e):25
(a) the Attorney-General is only required to be satisfied as to the26
direct and reasonably foreseeable consequences of the27
unlawful conduct of participants in the controlled intelligence28
operation; and29
(b) nothing in subparagraph (iii) of that paragraph is intended to30
prevent the Attorney-General from granting a CIO authority31
that will involve a participant:32
(i) dealing with material depicting, material describing or33
material otherwise involving a sexual offence against34
any person; or35
(ii) facilitating a person to deal with such material.36
No. , 2026 Australian Criminal Intelligence Commission Bill 2026 137
(4) For the purposes of paragraph (3)(a), a consequence is a direct1
consequence of unlawful conduct if the unlawful conduct causes or2
produces (and is not merely a minor influence on) the consequence3
without there being any intervening conduct or events.4
Notification requirements5
(5) The Attorney-General must:6
(a) cause the Director-General to be informed of the granting of7
the CIO authority, or the refusal to grant the CIO authority,8
as soon as practicable after the Attorney-General grants, or9
refuses to grant, the authority; and10
(b) if the Attorney-General grants the CIO authority—cause the11
Director-General to be given a copy of:12
(i) for a CIO authority granted in writing—the authority; or13
(ii) for a CIO authority granted orally—the written record14
made in accordance with subsection 137(3);15
as soon as practicable after the authority, or record, is made;16
and17
(c) if the Attorney-General refuses to grant the CIO authority:18
(i) make a written record of the refusal as soon as19
practicable after refusing to grant the CIO authority; and20
(ii) cause the Director-General to be given a copy of the21
written record as soon as practicable after the record is22
made.23