Australian Criminal Intelligence Commission Bill 2026
21When a charge or confiscation proceeding is resolved1
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21 When a charge or confiscation proceeding is resolved1 Charge for an offence2 (1) A charge for an offence is resolved in relation to a person at the3 latest of the following times:4 (a) when:5 (i) the charge is withdrawn; or6 (ii) the charge is dismissed; or7 (iii) the person is not committed on the charge following a8 committal hearing; or9 (iv) the person is acquitted of the offence; or10 (v) the person is sentenced for the offence; or11 (vi) the person is dealt with by being the subject of an order12 made as a consequence of a finding of guilt; or13 (vii) the charge is otherwise finally dealt with;14 (b) if an appeal relating to a conviction for the offence the15 subject of the charge is not lodged within the period for16 lodging such an appeal—when that period ends;17 (c) if an appeal relating to a conviction for the offence the18 subject of the charge is lodged—when the appeal lapses or is19 finally determined.20 (2) Despite paragraph (1)(b), if an appeal relating to a conviction for21 an offence the subject of the charge is lodged after that period22 ends, the charge ceases to be resolved until that appeal lapses or is23 finally determined.24 Confiscation proceedings25 (3) A confiscation proceeding is resolved in relation to a person at the26 latest of the following times:27 (a) when the proceeding is discontinued;28 (b) if an appeal relating to the proceeding is not lodged within29 the period for lodging such an appeal—when that period30 ends;31 (c) if an appeal relating to the proceeding is lodged—when the32 appeal lapses or is finally determined.33
No. , 2026 Australian Criminal Intelligence Commission Bill 2026 31 (4) Despite paragraph (3)(b), if an appeal relating to the proceeding is1 lodged after that period ends, the proceeding ceases to be resolved2 until that appeal lapses or is finally determined.3
32 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Part 2—The Australian Criminal Intelligence1 Commission2 Division 1—Preliminary3 22 Simplified outline of this Part4 The Australian Criminal Intelligence Commission is continued in5 existence by this Act. The ACIC consists of the Director-General,6 the examiners and ACIC staff members.7 The ACIC has the function of obtaining intelligence relevant to8 serious and organised crime and communicating that intelligence to9 combat such crime. It also has several other functions, such as10 providing nationally coordinated criminal history check services11 and making criminal intelligence assessments.12 The ACIC may cooperate with other agencies for purposes relating13 to the ACIC’s functions or the other agency’s functions.14 The ACIC is under the control of the Director-General. The15 Director-General is responsible for managing the affairs of the16 ACIC and ensuring the ACIC performs its functions. The Minister17 may give limited directions to the Director-General.18 The Minister may make guidelines relating to personal information19 and other matters.20