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Australian Criminal Intelligence Commission Bill 2026
73Presence of IGIS officials at examinations4
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73 Presence of IGIS officials at examinations4
IGIS official may be present5
(1) Subject to subsection (2), an IGIS official may be present at an6
examination for the purpose of conducting an inspection or inquiry7
under the Inspector-General of Intelligence and Security Act 1986.8
Examiner may exclude IGIS official in certain circumstances9
(2) Without limiting subsection 64(1) or 72(2), an examiner may10
determine that an IGIS official is prevented from being present11
during an examination if the examiner is satisfied that the official’s12
attendance would be reasonably likely to prejudice:13
(a) the life or safety of a person; or14
(b) the ACIC’s ability to obtain intelligence relevant to serious15
and organised crime identified in any authorisation to which16
the examination relates (including any authorisation subject17
to a determination made under subsection 66(1)).18
(3) A determination under subsection (2) must be communicated to the19
IGIS official:20
(a) by written notice given to the official before the examination;21
or22
(b) by notifying the official during the examination.23
(4) If the IGIS official is notified orally, the official must be given a24
written copy of the determination as soon as practicable after the25
examination.26
Consequences of exclusion of IGIS official27
(5) If a determination is made under subsection (2) in relation to an28
IGIS official:29
(a) the examiner must permit another IGIS official to be present30
at the examination; or31