231Production of information and documents to courts etc.14

231 Production of information and documents to courts etc.14 (1) Subsection (2) applies if a person is or has been any of the15 following:16 (a) the Director-General;17 (b) an examiner;18 (c) an ACIC staff member.19 (2) The person must not be required to produce or disclose to a court,20 tribunal, authority or other person that has the power to require the21 production of documents:22 (a) ACIC information; or23 (b) an ACIC record;24 that has come to the knowledge or into the possession of the person25 by reason of the person being, or having been, the26 Director-General, an examiner, or an ACIC staff member (as the27 case may be).28 Note: For the definitions of ACIC information and ACIC record, see29 section 7.30 (3) However, subsection (2) does not apply:31 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 239 (a) if the ACIC, or any of the following in the person’s official1 capacity, is a party to the relevant proceedings:2 (i) the Director-General;3 (ii) a person acting as the Director-General;4 (iii) an examiner; or5 (b) to the extent that the production or disclosure is necessary for6 the purposes of a provision of any of the following:7 (i) this Act or an instrument made under this Act;8 (ii) a law of a State, the Australian Capital Territory or the9 Northern Territory that confers duties, functions or10 powers on the ACIC, the Director-General or an ACIC11 staff member;12 (iii) the National Anti-Corruption Commission Act 2022 or13 regulations under that Act;14 (iv) the Inspector-General of Intelligence and Security Act15 1986, or any other Act, or instrument made under an16 Act, that confers functions, duties or powers on the17 Inspector-General of Intelligence and Security;18 (v) the Parliamentary Joint Committee on Law19 Enforcement Act 2010;20 (vi) Schedule 1 to the Intelligence Services Act 2001;21 (vii) any other law of the Commonwealth, a State, the22 Australian Capital Territory or the Northern Territory23 prescribed by the rules for the purposes of this24 subparagraph; or25 (c) to the extent that the production or disclosure is necessary for26 the purposes of a prosecution instituted as a result of ACIC27 information communicated, or an ACIC record provided, by28 the ACIC.29 (4) In this section:30 produce includes permit access to.31 240 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 4—Dealing with returnable items1 232 Meaning of returnable item2 (1) A returnable item is:3 (a) a search warrant item; or4 (b) a produced item.5 (2) However, a document that is a search warrant item or a produced6 item is not a returnable item unless it is a physical document and7 either:8 (a) it is an original document; or9 (b) it is a copy of a document and, at the time it is seized or10 produced, there are reasonable grounds to believe that it is11 the only form of the document in existence.12