67Examiner may require assistance—things produced during4

67 Examiner may require assistance—things produced during4 examination5 (1) Subsection (2) applies if:6 (a) a witness attending an examination is required, during the7 examination, to produce a thing in compliance with:8 (i) the summons to which the examination relates; or9 (ii) subsection 65(1); and10 (b) the examiner conducting the examination reasonably suspects11 that assistance from the person will be required to enable an12 ACIC staff member to:13 (i) access or continue to access information or data held in14 or accessible from the thing while the thing is in the15 custody or possession of the ACIC; or16 (ii) examine the thing.17 (2) The examiner may direct the witness, when producing the thing, to18 provide an ACIC staff member any assistance that is reasonable19 and necessary to enable the ACIC staff member to:20 (a) access or continue to access information or data held in or21 accessible from the thing while the thing is in the custody or22 possession of the ACIC; or23 (b) examine the thing.24 (3) Without limiting subsection (2), the examiner may direct the25 witness to provide any reasonable and necessary assistance26 required to enable the examiner or an ACIC staff member to access27 or continue to access information or data held in, or accessible28 from, an electronic device while the device is in the custody or29 possession of the ACIC.30 Examples: Assistance involving the application of a fingerprint or retina scan, as31 necessary to unlock a mobile phone, log into a computer, or access32 data on a data storage device.33 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 75 (4) The person must comply with the direction.1 68 Examiner may require assistance—things produced before2 examination3 (1) Subsection (2) applies at a particular time during an examination if:4 (a) a witness attending the examination is required, before the5 examination commences, to produce a thing in compliance6 with a notice to produce that is given to the witness and7 covered by subsection (5); and8 (b) at the particular time, the thing is still in the custody or9 possession of the ACIC; and10 (c) the examiner conducting the examination reasonably suspects11 that assistance from the person will be required to enable an12 ACIC staff member to:13 (i) access or continue to access information or data held in14 or accessible from the thing while the thing is in the15 custody or possession of the ACIC; or16 (ii) examine the thing.17 (2) The examiner may direct the witness, at the particular time, to18 provide an ACIC staff member any assistance that is reasonable19 and necessary to enable the ACIC staff member to:20 (a) access or continue to access information or data held in or21 accessible from the thing while the thing is in the custody or22 possession of the ACIC; or23 (b) examine the thing.24 (3) Without limiting subsection (1), the examiner may direct the25 witness to provide any reasonable and necessary assistance26 required to enable the examiner or an ACIC staff member to access27 or continue to access information or data held in, or accessible28 from, an electronic device while the device is in the custody or29 possession of the ACIC.30 Examples: Assistance involving the application of a fingerprint or retina scan, as31 necessary to unlock a mobile phone, log into a computer, or access32 data on a data storage device.33 (4) The person must comply with the direction.34