15Meaning of imminent and protected suspect30

15 Meaning of imminent and protected suspect30 When a charge for an offence is imminent31 (1) A charge for an offence is imminent for a person if:32 (a) the person is a protected suspect; or33

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 27 (b) the person is under arrest for the offence, but has not been1 charged with the offence; or2 (c) a person with authority to commence a process for3 prosecuting the person for the offence has decided to4 commence, but has not yet commenced, the process.5 Note: Paragraph (1)(c) would apply, for example, if a person with authority6 to lay a charge has decided to lay, but not yet laid, the charge.7 When a confiscation proceeding is imminent8 (2) A confiscation proceeding against a person is imminent if a person9 with authority to commence the proceeding has decided to10 commence, but has not yet commenced, the proceeding.11 Meaning of protected suspect12 (3) Each of the following is a protected suspect:13 (a) a protected suspect (within the meaning of Part IC of the14 Crimes Act 1914);15 (b) a person who would be covered by paragraph (a) if the16 definition of Commonwealth offence in section 23B of that17 Act included any offence against a law of a State or18 Territory.19 16 When an event is pre-confiscation application20 (1) An event covered by subsection (2) is a pre-confiscation21 application event in relation to a person if it happens at a time22 when:23 (a) a relevant confiscation proceeding has not commenced24 against the person and such a proceeding is not imminent; or25 (b) all such proceedings have been resolved.26 (2) The events are as follows:27 (a) a notice to produce is issued to the person;28 (b) a summons is issued for the person to attend an examination29 as a witness;30 (c) an examination commences at which the person is to appear31 as a witness;32