228Australian Criminal Intelligence Commission Bill 2026 No. , 2026

228 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (a) an intelligence or security agency;1 (b) a law enforcement agency;2 (c) another Commonwealth body;3 (d) a Department of State, or a Department of the Public Service,4 of a State or Territory;5 (e) a body (whether incorporated or not) established, or6 continued in existence, for a public purpose by or under a law7 of a State or Territory;8 (f) a body corporate in which a State or Territory, or a body9 referred to in paragraph (e) has a controlling interest;10 (g) an authority of another country;11 (h) an international body prescribed by the rules for the purposes12 of this paragraph.13 Note: For the definition of Commonwealth body, see section 7.14 Authorisation—examiners15 (4) An examiner may communicate or make a record of ACIC16 information, or deal with an ACIC record, for the purpose of17 performing a function or duty or exercising a power as an18 examiner.19 Note 1: However, see subsections (5) and (8) for when this subsection does20 not apply.21 Note 2: For the definitions of ACIC information, ACIC record and deal with,22 see section 7.23 Limitation—communications, recordings and dealings must24 comply with other laws etc.25 (5) Subsections (1), (2) and (4) do not apply if the communication,26 recording or dealing would be contrary to:27 (a) another provision of this Act; or28 (b) any other law of the Commonwealth, or of a State or29 Territory; or30 (c) a direction made by an examiner or the Director-General31 under subsection 110(1) (which is about the use or disclosure32 of compelled material).33

Authorised communication of ACIC information etc. Division 2 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 229 Limitation—communications, recordings and dealings must1 comply with directions and arrangements2 (6) Subsections (1) and (2) do not apply unless the communication,3 recording or dealing complies with:4 (a) in the case of a communication, recording or dealing by an5 ACIC staff member—any directions given by the6 Director-General under section 222; and7 (b) in the case of a communication, recording or dealing by the8 Director-General—any directions given by the Minister9 under section 37 or any other provision of this Act; and10 (c) in any case—any arrangements made or directions given in11 accordance with paragraph 29(2)(a).12 Limitation—communications to agencies and bodies must be13 appropriate14 (7) Subsection (2) does not apply in relation to a communication to an15 agency, body or person unless the Director-General or ACIC staff16 member is satisfied that it is appropriate to make the17 communication, having regard to all of the following:18 (a) whether the information is confidential or commercially19 sensitive;20 (b) whether the information is personal information about an21 individual and the communication is without the individual’s22 consent;23 (c) whether the communication of the information could24 endanger an individual’s life or physical safety;25 (d) whether the communication of the information would26 prejudice the fair trial of any person or the impartial27 adjudication of a matter;28 (e) whether the information is national security information29 (within the meaning of the National Security Information30 (Criminal and Civil Proceedings) Act 2004);31 (f) any other matter the Director-General or ACIC staff member32 considers relevant.33