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Australian Criminal Intelligence Commission Bill 2026
66Australian Criminal Intelligence Commission Bill 2026 No. , 2026
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66 Australian Criminal Intelligence Commission Bill 2026 No. , 2026
evidence that would assist the ACIC to obtain intelligence1
relevant to serious and organised crime identified in that2
authorisation; and3
(b) the examiner is satisfied that issuing the summons is4
reasonable in all the circumstances.5
(3) The summons may be:6
(a) either of the following:7
(i) a pre-charge summons;8
(ii) a post-charge summons; and9
(b) either of the following:10
(i) a pre-confiscation application summons;11
(ii) a post-confiscation application summons.12
Summons may require information, or production of documents or13
things14
(4) If the examiner reasonably suspects that the person has15
information, or a document or thing, that would assist the ACIC to16
obtain intelligence relevant to serious and organised crime17
identified in any authorisation to which the examination relates, the18
summons may also require the person to:19
(a) give an examiner the information at the examination; or20
(b) produce the document or thing at the examination.21
Additional consideration for post-charge summons or22
post-confiscation application summons23
(5) If the summons is a post-charge or a post-confiscation application24
summons, the examiner must also be satisfied that issuing the25
summons is reasonably necessary for the purposes of obtaining the26
intelligence referred to in paragraph (2)(a) or subsection (4) even27
though:28
(a) the person has been charged or the confiscation proceeding29
has commenced; or30
(b) that charge or proceeding is imminent.31
No. , 2026 Australian Criminal Intelligence Commission Bill 2026 67
Post-charge summons may deal with subject matter of charges etc.1
(6) The matters in relation to which the examiner may issue the2
summons include:3
(a) the subject matter of any charge, or imminent charge, against4
the person; and5
(b) the subject matter of any confiscation proceedings, or6
imminent confiscation proceedings, against the person.7
Reasons for summons to be recorded8
(7) The examiner must, at or before the time a summons is issued,9
record in writing the reasons for the summons.10
60 Content and service of summons etc.11
General contents of summons12
(1) A summons issued by an examiner under subsection 59(1) must:13
(a) be in writing; and14
(b) be signed by the examiner; and15
(c) be served on the person required to attend the examination;16
and17
(d) be accompanied by:18
(i) a statement that sets out the effect of sections 75, 76, 77,19
78, 79, 80 and 84 (offences relating to examinations20
etc.) and 85 (contempt of the ACIC); and21
(ii) a statement that the person may obtain legal advice and22
representation in relation to the summons; and23
(iii) a copy of each authorisation to which the examination24
relates.25
Note: Information contained in the copy of an authorisation may be26
redacted: see subsection (4).27
Summons must set out matters for questioning28
(2) A summons must set out, so far as is reasonably practicable, the29
general nature of the matters in relation to which the person is to be30
questioned, except to the extent that the examiner is satisfied that31