24Australian Criminal Intelligence Commission Bill 2026 No. , 2026

24 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 offence—that performance of those functions is, or1 would be, incidental to the performance of the ACIC’s2 functions mentioned in subparagraph (i).3 Specificity of acts or omissions4 (3) For the purposes of paragraph (2)(c), the specificity of the acts or5 omissions involved in committing a State offence is to be6 determined by having regard to the circumstances in which the7 offence was committed (whether or not those circumstances are8 expressed to be elements of the offence).9 State offences covered by paragraph (2)(c)10 (4) A State offence is taken to be covered by paragraph (2)(c) if:11 (a) the State offence affects the interests of:12 (i) the Commonwealth; or13 (ii) a Commonwealth body; or14 (iii) a constitutional corporation; or15 (b) the State offence was committed by a constitutional16 corporation; or17 (c) the State offence was committed in a Commonwealth place;18 or19 (d) the State offence involved the use of a postal service or other20 like service; or21 (e) the State offence involved an electronic communication; or22 (f) the State offence involved trade or commerce:23 (i) between Australia and places outside Australia; or24 (ii) among the States; or25 (iii) within a Territory, between a State and a Territory or26 between 2 Territories; or27 (g) the State offence involved:28 (i) banking (other than State banking not extending beyond29 the limits of the State concerned); or30 (ii) insurance (other than State insurance not extending31 beyond the limits of the State concerned); or32 (h) the State offence relates to a matter outside Australia.33

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 25 (5) Subsection (4) does not limit paragraph (2)(c).1 Interpretation2 (6) For the purposes of this section, State includes the Australian3 Capital Territory and the Northern Territory.4 12 When an event is pre-charge5 (1) An event covered by subsection (2) is a pre-charge event in6 relation to a person if it happens at a time when:7 (a) the person has not been charged with a relevant offence and8 such a charge is not imminent; or9 (b) all such charges have been resolved.10 (2) The events are as follows:11 (a) a notice to produce is issued to the person;12 (b) a summons is issued for the person to attend an examination13 as a witness;14 (c) an examination commences at which the person is to appear15 as a witness;16 (d) a requirement is imposed under section 65 for the person to17 give information, or produce a document or thing;18 (e) a determination is made under section 66 to expand the19 purposes of an examination at which the person is a witness;20 (f) questioning of the person begins during an examination;21 (g) material that relates to the person becomes compelled22 material;23 (h) compelled material, or derivative material, that relates to the24 person is used or disclosed.25