164Australian Criminal Intelligence Commission Bill 2026 No. , 2026

164 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (2) The report must include the following details for each controlled1 intelligence operation for which an authority was in force at any2 time in the previous 6 months (the reporting period):3 (a) the extent to which the controlled intelligence operation has,4 during the reporting period, assisted the ACIC in the5 performance of the function set out in paragraph 24(a);6 (b) whether conduct of a participant in a controlled intelligence7 operation:8 (i) caused the death of, or injury to, any person; or9 (ii) involved the commission of a sexual offence against any10 person; or11 (iii) resulted in loss of, or damage to, property;12 (c) if the granting of the authority to conduct the controlled13 intelligence operation was subject to a condition and the14 condition was breached—the nature of the breach; and15 (d) if a participant in the controlled intelligence operation16 engaged in any unlawful conduct in the course of the17 operation that was not controlled conduct:18 (i) the nature of the unlawful conduct; and19 (ii) any actions taken to prevent the unlawful conduct being20 engaged in again.21 Ad-hoc reports22 (3) The Director-General must give a report under subsection (4) if the23 ACIC identifies that any of the following events has occurred:24 (a) the conduct of a participant in a controlled intelligence25 operation has:26 (i) caused the death of, or injury to, any person; or27 (ii) involved the commission of a sexual offence against any28 person; or29 (iii) resulted in loss of, or damage to, property;30 (b) the granting of an authority to conduct a controlled31 intelligence operation was subject to a condition and the32 condition has been breached;33

Notification and other matters Division 7 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 165 (c) a participant in a controlled intelligence operation has1 engaged in any unlawful conduct in the course of the2 operation that is not controlled conduct.3 (4) The Director-General must, as soon as practicable after the ACIC4 identifies that the event has occurred, give a written report to the5 Attorney-General, the Minister and the Inspector-General of6 Intelligence and Security that contains details of the nature of the7 conduct, breach or unlawful conduct (as the case requires).8 Report not a legislative instrument9 (5) A report under subsection (1) or (4) is not a legislative instrument.10

166 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Part 5—Search warrants1 155 Simplified outline of this Part3 This Part provides for the Attorney-General, at the request of the4 Director-General, to issue search warrants and make assistance5 orders. There are 2 kinds of search warrants:6 (a) premises search warrants; and7 (b) person search warrants.8 A premises search warrant authorises the ACIC to enter and search9 particular premises for relevant documents and things, and to10 search certain persons at or nearby the premises. The ACIC may be11 authorised to execute the warrant covertly.12 A person search warrant authorises the ACIC to search a person,13 things in the person’s possession, or conveyances operated or14 occupied by the person within the last 24 hours, for relevant15 documents or things. Things found during the search can be moved16 to another place for examination and processing.17 Both kinds of warrant may authorise the ACIC to use electronic18 equipment to obtain access to data held in or accessible from a19 computer or device that is found during the search, and to seize20 documents and things that are found. Documents and things seized21 under a warrant are returnable items under Part 8 of this Act.22 The Director-General is required to give reports about the23 execution of search warrants and related matters.24 The Attorney-General may make an assistance order requiring a25 person to provide information and assistance to allow the ACIC to26 access and use data held in, or accessible from, a computer or data27 storage device found during the execution of a search warrant. An28 offence applies for failing to comply with an assistance order.29