248Australian Criminal Intelligence Commission Bill 2026 No. , 2026

248 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (b) will no longer be so required once certain conditions (the1 return conditions) have been met.2 (2) The examiner may, at or before the time the person is excused or3 released from further attendance at the examination, direct (either4 orally or in writing) that the item be returned to:5 (a) the person; or6 (b) the owner, if the person is not entitled to possess it.7 (3) The direction may specify that the return of the item is subject to8 the return conditions being met.9 (4) ACIC staff members, or any person who has been present at the10 examination and is in possession of the item, must comply with the11 direction.12 (5) The examiner or the Director-General may vary or revoke the13 direction at any time before the item is returned to the person or14 owner mentioned in subsection (2).15 (6) A variation or revocation under subsection (5):16 (a) if made by the examiner while the person who produced the17 item is in attendance at the examination—may be made18 orally or in writing; or19 (b) in any other case—must be made in writing.20 (7) None of the following (if in writing) is a legislative instrument:21 (a) a direction under subsection (2);22 (b) a variation or revocation under subsection (5).23 238 Issuing officer may permit a returnable item to be retained,24 forfeited etc.25 Preventing use in committing terrorist act, terrorism offence or26 serious offence27 (1) An issuing officer may make an order mentioned in subsection (2)28 in relation to a returnable item if the issuing officer is satisfied that29 there are reasonable grounds to suspect that:30 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 249 (a) if the item is returned to a person under this Division, the1 item is likely to be used by that person or another person in2 the commission of:3 (i) a terrorist act; or4 (ii) a terrorism offence; or5 (iii) a serious offence; or6 (b) the item is illicit goods.7 (2) The order may be any of the following:8 (a) an order that the item may be retained for the period specified9 in the order;10 (b) an order that the item be forfeited to the Commonwealth;11 (c) if the item is not a document—an order that:12 (i) the item be sold and the proceeds be given to the owner13 of the item; or14 (ii) the item be sold in some other way;15 (d) an order that the item be destroyed or otherwise disposed of.16 Order for return of item17 (3) The issuing officer must order that the returnable item be returned18 to the following person if the issuing officer is not satisfied as19 mentioned in subsection (1):20 (a) if the returnable item is a produced item:21 (i) the person who produced the item; or22 (ii) if the person mentioned in subparagraph (i) is not23 entitled to possess the item—the owner of the item;24 (b) if the returnable item was seized during the execution of a25 person search warrant, or an ordinary search or a frisk search26 of a person that is authorised by a premises search warrant:27 (i) the person from whom the item was seized; or28 (ii) if the person mentioned in subparagraph (i) is not29 entitled to possess the item—the owner of the item;30 (c) if the returnable item was seized during the execution of a31 premises search warrant, and paragraph (b) does not apply to32 the item—the owner of the item.33