233Use of and sharing returnable items—produced items13

233 Use of and sharing returnable items—produced items13 Scope14 (1) This section applies to a returnable item that is a produced item.15 Use etc. by ACIC staff members16 (2) An ACIC staff member may do any of the following:17 (a) use, or make available to another ACIC staff member for use,18 a returnable item for the purpose of the performance or19 exercise of any of the ACIC’s functions or powers;20 (b) make a returnable item available to the Director-General for21 use for the purpose of the performance or exercise of any of22 the ACIC’s functions or powers, or the Director-General’s23 functions or powers under this Division;24 (c) make a returnable item available to an examiner for use for25 the purpose of the performance or exercise of any of the26 examiner’s functions or powers.27

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 241 Use etc. by examiners1 (3) An examiner may do any of the following:2 (a) use, or make available to another examiner for use, a3 returnable item for the purpose of the performance or4 exercise of any of the functions or powers of an examiner;5 (b) make a returnable item available to the Director-General for6 use for the purpose of the performance or exercise of any of7 the ACIC’s functions or powers, or any of the8 Director-General’s functions or powers under this Division;9 (c) make a returnable item available to an ACIC staff member10 for use for the purpose of the performance or exercise of any11 of the ACIC’s functions or powers.12 Use etc. by Director-General13 (4) The Director-General may do any of the following:14 (a) use a returnable item for the purpose of the performance or15 exercise of any of the Director-General’s functions or powers16 under this Division;17 (b) make a returnable item available to an ACIC staff member18 for use for the purpose of the performance or exercise of any19 of the ACIC’s functions or powers;20 (c) make a returnable item available to an examiner for use for21 the purpose of the performance or exercise of any of the22 examiner’s functions or powers.23 Use by persons who are not ACIC staff members24 (5) The Director-General may make a returnable item available to a25 constable or Commonwealth officer (who is not an ACIC staff26 member) to use for any of the following purposes if it is necessary27 to do so for that purpose:28 (a) the performance or exercise of any of the ACIC’s functions29 or powers;30 (b) the performance of any of the functions of an intelligence or31 security agency;32 (c) a purpose referred to in subsection 3ZQU(1) of the Crimes33 Act 1914;34