66Australian Criminal Intelligence Commission Bill 2026 No. , 2026

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