58Australian Criminal Intelligence Commission Bill 2026 No. , 2026

58 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (c) any secrecy provisions to which the provision of information,1 documents or things under an agency direction is subject;2 (d) any other conditions that apply in relation to the provision of3 information, documents or things under an agency direction.4 Variation of arrangements5 (5) The arrangement may be varied by written agreement.6 (6) A variation takes effect at the time specified in the agreement.7 Revocation of arrangements8 (7) The Minister or the Minister for the participating jurisdiction may,9 by written notice to the other Minister, revoke an arrangement.10 (8) A revocation takes effect at the time specified in the notice.11 Arrangements not legislative instruments12 (9) Any of the following is not a legislative instrument:13 (a) an arrangement made under subsection (1);14 (b) any agreement varying the arrangement;15 (c) any notice revoking the arrangement.16 50 Notices to produce17 Examiner may issue notice to produce18 (1) An examiner may give a person a notice requiring the person to19 give information, or produce a document or a thing, if the20 examiner:21 (a) reasonably suspects that the information, document or thing22 would assist the ACIC to obtain intelligence relevant to23 serious and organised crime that is identified in an24 authorisation that is in force under Division 2 of this Part;25 and26 (b) is satisfied that issuing the notice is reasonable in all the27 circumstances.28 (2) The notice is a notice to produce.29

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 59 (3) The notice may be:1 (a) either of the following:2 (i) a pre-charge notice to produce;3 (ii) a post-charge notice to produce; and4 (b) either of the following:5 (i) a pre-confiscation application notice to produce;6 (ii) a post-confiscation application notice to produce.7 Additional consideration for post-charge or post-confiscation8 application notice to produce9 (4) If the notice is a post-charge or post-confiscation application10 notice, the examiner must also be satisfied that issuing the notice is11 reasonably necessary for the purpose of obtaining the intelligence12 referred to in paragraph (1)(a) even though:13 (a) the person has been charged or the confiscation proceeding14 has commenced; or15 (b) that charge or proceeding is imminent.16 Provisions for the avoidance of doubt17 (5) To avoid doubt, the notice:18 (a) may be given to a person whether or not an examination is19 being held for the purpose of obtaining intelligence relevant20 to the serious and organised crime mentioned in21 paragraph (1)(a); and22 (b) may relate to more than one authorisation in force under23 Division 2 of this Part.24 Content and service of notice25 (6) The notice must:26 (a) be in writing; and27 (b) be signed by the examiner; and28 (c) be served on the person required to give the information, or29 produce the document or thing; and30 (d) specify the manner in which the person is to give the31 information, or produce the document or thing; and32