136Australian Criminal Intelligence Commission Bill 2026 No. , 2026

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