78Australian Criminal Intelligence Commission Bill 2026 No. , 2026

78 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 72 Presence of others at examination1 Presence of others at examination2 (1) The following persons may be present at an examination when a3 witness gives evidence or information, or produces a document or4 thing, at the examination:5 (a) the examiner conducting the examination;6 (b) the witness;7 (c) a legal practitioner referred to in subsection 71(1) who is not8 covered by a determination under subsection 71(2);9 (d) a person covered by a determination under subsection (2);10 (e) counsel assisting the examiner;11 (f) an ACIC staff member who is approved by the examiner to12 be present at the examination;13 (g) an IGIS official referred to in subsection 73(1) who is not14 covered by a determination under subsection 73(2).15 (2) For the purposes of paragraph (1)(d), an examiner may determine16 that a person may be present at the examination when the witness17 gives evidence or information, or produces a document or thing, at18 the examination.19 (3) For the purposes of paragraph (1)(f), an examiner may approve an20 ACIC staff member to be present at the examination.21 Witness to be informed if others are present22 (4) If the examiner determines, under subsection (2), that a person may23 be present when the witness gives evidence or information, or24 produces a document or thing, at the examination, the examiner25 must:26 (a) inform the witness that the person may be present; and27 (b) give the witness an opportunity to comment on the person’s28 presence.29 Other person not prevented from being present30 (5) A person covered by a determination under subsection (2) may be31 present at the examination even if:32

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 79 (a) the examiner fails to inform the witness that the person may1 be present; or2 (b) the witness comments adversely on the person’s presence.3