242Australian Criminal Intelligence Commission Bill 2026 No. , 2026

242 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (d) conducting an inquiry (including a preliminary inquiry) or1 inspection under the Inspector-General of Intelligence and2 Security Act 1986.3 (6) A constable or Commonwealth officer (who is not an ACIC staff4 member) may use a returnable item for any of the purposes5 referred to in subsection (5) if it is necessary to do so for that6 purpose.7 Use for State or Territory purposes8 (7) The Director-General may make a returnable item available to a9 constable or Commonwealth officer (including an ACIC staff10 member) to use for any purpose for which the making available of11 the item is required or authorised by a law of a State or Territory.12 (8) A constable or Commonwealth officer may use a returnable item13 for any use that is required or authorised by or under a law of a14 State or a Territory.15 Use by State, Territory or foreign agencies16 (9) The Director-General may make a returnable item available to any17 of the following agencies to be used by that agency for any of the18 purposes mentioned in subsection (10) (but not for any other19 purposes):20 (a) a State or Territory law enforcement agency;21 (b) an agency that has responsibility for law enforcement in22 another country;23 (c) an agency that has responsibility for intelligence gathering24 for another country;25 (d) an agency that has responsibility for the security of another26 country.27 (10) The purposes are as follows:28 (a) a purpose mentioned in any of subsections (5), (7) or (8);29 (b) preventing, investigating or prosecuting an offence against a30 law of a State or Territory;31

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 243 (c) proceedings under a corresponding law (within the meaning1 of the Proceeds of Crime Act 1987 or the Proceeds of Crime2 Act 2002);3 (d) proceedings for the forfeiture of the item under a law of a4 State or Territory;5 (e) deciding whether to institute proceedings or to take any other6 action mentioned in any of:7 (i) paragraphs 3ZQU(1)(a) to (l) of the Crimes Act 1914; or8 (ii) subsection (7) or (8) of this section; or9 (iii) paragraph (b), (c) or (d) of this subsection.10 (11) An agency mentioned in subsection (9) may use a returnable item11 for any of the purposes referred to in subsection (10) if it is12 necessary to do so for that purpose.13 234 Use of and sharing returnable items—search warrant items—14 general15 Scope16 (1) This section applies to a returnable item that is a search warrant17 item.18 Note: For search warrant items seized due to presenting a danger to a19 person, see also section 235.20 Use etc. by ACIC staff members21 (2) An ACIC staff member may do any of the following:22 (a) use, or make available to another ACIC staff member for use,23 a returnable item for the purpose of the performance or24 exercise of any of the ACIC’s functions or powers;25 (b) make a returnable item available to the Director-General for26 use for the purpose of the performance or exercise of any of27 the ACIC’s functions or powers, or of the Director-General’s28 functions or powers under this Division;29 (c) make a returnable item available to an examiner for use for30 the purpose of the performance or exercise of any of the31 examiner’s functions or powers.32