250Australian Criminal Intelligence Commission Bill 2026 No. , 2026

250 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Order for destruction or disposal—reasonable steps to return item1 (4) An issuing officer may make an order that the Director-General2 cause a returnable item to be destroyed or otherwise disposed of if3 the issuing officer is satisfied that:4 (a) reasonable steps have been taken to return the item to a5 person in accordance with this Division (including a previous6 order under this section); and7 (b) one or more of the following apply:8 (i) the person has refused to take possession of the item;9 (ii) the person is an individual who is not present in10 Australia and there are reasonable grounds to believe11 the person will not return to Australia;12 (iii) the ACIC has been unable to identify or locate the13 person;14 (iv) the person to whom the item would otherwise be15 returned is now deceased and the ACIC has been unable16 to identify or locate a beneficiary entitled to the item17 despite having taken reasonable steps to do so.18 (5) If the issuing officer is not satisfied as mentioned in subsection (4),19 the issuing officer must order that further steps be taken to return20 the item and, in doing so, may order that particular action is to be21 taken for that purpose.22 Orders made on application by Director-General23 (6) An order under this section may only be made on application by24 the Director-General.25 (7) The Director-General may make an application in relation to a26 returnable item that the Director-General suspects is illicit goods27 only if the Director-General is satisfied that the item is not required28 (or is no longer required) for a purpose in accordance with29 section 233, 234 or 235, or for other judicial or administrative30 review proceedings.31

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 251 Director-General to notify persons with an interest in returnable1 item2 (8) Before making an application under this section in relation to a3 returnable item, the Director-General must:4 (a) cause reasonable steps to be taken to discover who has an5 interest in the returnable item; and6 (b) if it is practicable to do so, notify each person who the7 Director-General believes to have such an interest of the8 proposed application.9 Person with interest may appear and be heard10 (9) An issuing officer, in determining an application for an order under11 this section in relation to a returnable item, must allow a person12 who has an interest in the returnable item to appear and be heard.13