246Australian Criminal Intelligence Commission Bill 2026 No. , 2026

246 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (7) A State or Territory law enforcement agency may use a returnable1 item for a purpose referred to in subsection (6) if it is necessary to2 do so for that purpose.3 236 When returnable items must be returned—general4 (1) If the Director-General is satisfied that a returnable item is not5 required (or is no longer required) for a purpose in accordance with6 section 233, 234 or 235, or for other judicial or administrative7 review proceedings, the Director-General must cause reasonable8 steps to be taken to:9 (a) if the returnable item is a produced item:10 (i) return the item to the person who produced the item; or11 (ii) if the person mentioned in subparagraph (i) is not12 entitled to possess the item—return the item to the13 owner of the item; or14 (b) if the returnable item was seized during the execution of a15 person search warrant, or an ordinary search or a frisk search16 of a person that is authorised by a premises search warrant:17 (i) return the item to the person from whom the item was18 seized; or19 (ii) if the person mentioned in subparagraph (i) is not20 entitled to possess the item—return the item to the21 owner of the item; or22 (c) if the returnable item was seized during the execution of a23 premises search warrant, and paragraph (b) does not apply to24 the item—return the item to the owner of the item.25 (2) Despite subsection (1), the Director-General does not have to cause26 those steps to be taken if:27 (a) either:28 (i) the returnable item may be retained because of an order29 under subsection 238(2), or any other order under that30 subsection or subsection 238(4) has been made in31 relation to the item; or32 (ii) the Director-General has applied for an order under33 either of those subsections and the application has not34 been determined; or35

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 247 (b) the returnable item may otherwise be retained, destroyed or1 disposed of under a law, or an order of a court or tribunal, of2 the Commonwealth or of a State or a Territory; or3 (c) the returnable item is forfeited or forfeitable to the4 Commonwealth or is the subject of a dispute as to ownership;5 or6 (d) the returnable item:7 (i) is a search warrant item seized under a premises search8 warrant; and9 (ii) is returned to premises under that warrant.10 (3) Despite subsection (1), the Director-General does not have to cause11 those steps to be taken in relation to a search warrant item seized12 under a premises search warrant if:13 (a) the search warrant authorises concealment of the fact that any14 thing has been done under the warrant (as mentioned in15 paragraph 158(1)(j)); and16 (b) the Director-General is satisfied that it is necessary to retain17 the item to conceal the fact that any thing authorised by the18 search warrant has been done; and19 (c) the Director-General reasonably believes that such20 concealment will assist the ACIC in the performance of its21 functions.22 (4) If subsection (3) applies to a search warrant item, the23 Director-General must, at least once in each period of 3 months24 commencing on the day the search warrant item is seized, consider25 whether subsection (3) continues to apply to the item.26