142Australian Criminal Intelligence Commission Bill 2026 No. , 2026

142 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (f) any role assigned to a civilian participant in the controlled1 intelligence operation is not one that could be adequately2 performed by an ACIC staff member.3 (3) For the purposes of paragraph (2)(e):4 (a) the Director-General is only required to be satisfied as to the5 direct and reasonably foreseeable consequences of the6 unlawful conduct of participants in the controlled intelligence7 operation; and8 (b) nothing in subparagraph (iii) of that paragraph is intended to9 prevent the Director-General from granting a CIO authority10 that will involve a participant:11 (i) dealing with material depicting, material describing or12 material otherwise involving a sexual offence against13 any person; or14 (ii) facilitating a person to deal with such material.15 (4) For the purposes of paragraph (3)(a), a consequence is a direct16 consequence of unlawful conduct if the unlawful conduct causes or17 produces (and is not merely a minor influence on) the consequence18 without there being any intervening conduct or events.19 Notification requirements20 (5) The Director-General must:21 (a) cause the Attorney-General to be informed of the granting of22 the CIO authority, or the refusal to grant the CIO authority,23 as soon as practicable after the Director-General grants, or24 refuses to grant, the authority; and25 (b) if the Director-General grants the CIO authority—cause the26 Attorney-General to be given a copy of:27 (i) for a CIO authority granted in writing—the authority; or28 (ii) for a CIO authority granted orally—the written record29 made in accordance with subsection 137(3);30 as soon as practicable after the authority, or record, is made;31 (c) if the Director-General refuses to grant the CIO authority:33 (i) make a written record of the refusal as soon as34 practicable after refusing to grant the CIO authority; and35

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 143 (ii) cause the Attorney-General to be given a copy of the1 written record as soon as practicable after the record is2 made.3 Note: The Attorney-General must decide to affirm, vary or cancel the CIO4 authority: see subsection 135(1).5