168Australian Criminal Intelligence Commission Bill 2026 No. , 2026

168 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (2) The warrant is a premises search warrant.1 (3) In considering whether to issue the warrant, the Attorney-General2 must have regard to the following:3 (a) the nature and gravity of the serious and organised crime4 matter;5 (b) the extent to which the warrant is likely to assist the ACIC in6 carrying out its function of obtaining intelligence relevant to7 serious and organised crime;8 (c) how much the privacy of any person would be likely to be9 interfered with as a result of executing the warrant;10 (d) whether alternative methods of obtaining intelligence are11 available that:12 (i) do not involve the use of the ACIC’s warranted powers;13 and14 (ii) would be effective and reasonably practicable to use in15 the circumstances;16 (e) if the warrant will authorise the doing of any thing (the17 concealment thing) reasonably necessary to conceal the fact18 that any thing has been done under the warrant—whether the19 doing of the concealment thing is necessary in the20 circumstances.21 (4) Subsection (3) does not limit the matters that the Attorney-General22 may take into account in considering whether to issue the warrant.23 Notice and record of decision24 (5) As soon as practicable after making a decision in relation to the25 request, the Attorney-General must:26 (a) if the Attorney-General decides to issue a warrant:27 (i) cause the Director-General to be informed of the28 issuance of the warrant; and29 (ii) cause the warrant to be given to the Director-General;30 and31 (b) record the decision in writing; and32 (c) cause the record to be given to the Director-General.33

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 169 158 Things that may be specified in premises search warrant1 General2 (1) The things that may be specified in a premises search warrant are3 any of the following that the Attorney-General considers4 appropriate in the circumstances:5 (a) entering the premises (the subject premises) to which the6 warrant relates;7 (b) entering adjoining premises for the purpose of gaining entry8 to or exiting the subject premises;9 (c) searching the subject premises for the purpose of finding10 documents or things relevant to the serious and organised11 crime matter referred to in paragraph 157(1)(b) to which the12 warrant relates;13 (d) for the purposes of the search, opening or otherwise14 accessing any safe, box, drawer, parcel, envelope, container15 or concealed location in relation to which there is reasonable16 cause to believe that any such documents or things may be17 found;18 (e) if both of the following apply in relation to a person—19 conducting an ordinary search or a frisk search of the person:20 (i) the person is at or near the subject premises when the21 warrant is executed;22 (ii) there is reasonable cause to believe that documents or23 things relevant to the serious and organised crime matter24 are in the possession of the person;25 (f) in relation to a document or thing found on the premises or as26 a result of an ordinary search or frisk search of a person—27 inspecting or otherwise examining the document or thing;28 (g) in relation to a document or thing referred to in paragraph (f)29 that appears to be relevant to the ACIC obtaining intelligence30 relevant to serious and organised crime, doing one or more of31 the following:32 (i) copying, transcribing, photographing or otherwise33 making a record of the document or thing;34 (ii) seizing the document or thing;35