71Legal representation24

71 Legal representation24 Witness may have legal representation25 (1) Subject to subsection (2) and section 102 (which deals with26 non-disclosure notations):27 (a) a witness giving evidence or information, or producing a28 document or thing, at an examination may be represented by29 a legal practitioner; and30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 77 (b) the legal practitioner may be present when the witness is1 giving evidence or information, or producing a document or2 thing, at an examination.3 Examiner may exclude legal practitioner4 (2) An examiner may determine that a particular legal practitioner may5 not be present at an examination if the examiner reasonably6 believes that the legal practitioner’s attendance may prejudice the7 ACIC’s ability to obtain intelligence relevant to serious and8 organised crime.9 (3) The examiner may make a determination under subsection (2) in10 relation to the legal practitioner at any time, including:11 (a) at the time the examiner issues a summons under subsection12 59(1); or13 (b) at any time before or during an examination.14 (4) The determination takes effect at the time it is made.15 Notice of determination to be given16 (5) If the examiner makes a determination under subsection (2) in17 relation to a legal practitioner, the examiner must, as soon as18 practicable, notify the witness about the determination:19 (a) if the determination is made before the examination—by20 written notice; or21 (b) otherwise—by notifying the witness during the examination.22 Other legal representation not prevented23 (6) To avoid doubt, this section does not prevent a legal practitioner24 who is not subject to a determination under subsection (2) from25 representing a witness and being present at the examination in26 accordance with subsection (1).27