72Australian Criminal Intelligence Commission Bill 2026 No. , 2026

72 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Information etc. may be required in relation to subject matter of1 charges etc.2 (5) For the purposes of subsection (1), the matters in relation to which3 the examiner may require the witness to give information, or4 produce a document or thing, include:5 (a) the subject matter of any charge, or imminent charge, against6 the witness; or7 (b) the subject matter of any confiscation proceedings, or8 imminent confiscation proceedings, against the witness.9 (6) Subsection (5) does not limit the matters in relation to which the10 examiner may require the witness to give information, or produce a11 document or thing, under subsection (1).12 66 Examiner may expand purposes of examination13 Examiner may make determination14 (1) If, during an examination:15 (a) an examiner reasonably suspects that the witness has16 evidence, information, documents or things that would assist17 the ACIC to obtain intelligence relevant to serious and18 organised crime identified in an authorisation that is in force;19 and20 (b) that authorisation is not an authorisation to which the21 examination relates;22 the examiner may determine that the purposes of the examination23 are expanded to include obtaining intelligence relevant to serious24 and organised crime identified in the authorisation.25 (2) The determination may be:26 (a) either of the following:27 (i) a pre-charge determination;28 (ii) a post-charge determination; and29 (b) either of the following:30 (i) a pre-confiscation application determination;31 (ii) a post-confiscation application determination.32

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 73 Additional consideration for post-charge or post-confiscation1 application determination2 (3) If the determination is a post-charge determination or3 post-confiscation application determination, the examiner must4 also be satisfied that making the determination is reasonably5 necessary for the purposes of obtaining the intelligence referred to6 in paragraph (1)(a) even though:7 (a) the person has been charged or the confiscation proceeding8 has commenced; or9 (b) that charge or proceeding is imminent.10 Form and notice requirements11 (4) The determination:12 (a) may be made orally or in writing; and13 (b) must include the reasons for making the determination.14 (5) If the examiner makes a determination under subsection (1), the15 examiner must give a copy of the authorisation to the witness16 before the examination is continued.17 Note: Information contained in the copy of an authorisation may be18 redacted, see subsection (7).19 (6) If the examiner makes a determination under subsection (1) orally,20 the examiner must, as soon as practicable after making the21 determination, make a written record of the determination.22 Director-General may redact information23 (7) Before a copy of the authorisation is given to the witness under24 subsection (5), the Director-General may redact information from25 the copy if the Director-General is satisfied that providing the26 information to the witness would be likely to prejudice the ACIC’s27 ability to obtain intelligence relevant to serious and organised28 crime identified in the authorisation.29 Provision for the avoidance of doubt30 (8) To avoid doubt, more than one determination may be made under31 subsection (1) during an examination.32