83Examination of witnesses12

83 Examination of witnesses12 Power to examine13 (1) At an examination, the following persons may, so far as the14 examiner thinks appropriate, examine any witness on any matter15 that the examiner considers relevant to serious and organised crime16 identified in any authorisation to which the examination relates17 (including any authorisation subject to a determination made under18 subsection 66(1)):19 (a) the examiner conducting the examination;20 (b) counsel assisting the examiner;21 (c) any legal practitioner representing the witness at the22 examination in accordance with subsection 71(1).23 (2) The examination may be:24 (a) either of the following:25 (i) a pre-charge examination;26 (ii) a post-charge examination; and27 (b) either of the following:28 (i) a pre-confiscation application examination;29 (ii) a post-confiscation application examination.30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 85 Matters relevant to examination1 (3) For the purposes of subsection (1), the matters that the examiner2 considers relevant may include any of the following:3 (a) the subject matter of any charge, or imminent charge, against4 the witness;5 (b) the subject matter of any confiscation proceedings, or6 imminent confiscation proceedings, against the witness.7 (4) Subsection (3) does not limit the matters that the examiner may8 consider relevant for the purposes of subsection (1).9 84 Offence—Failure to take an oath, make an affirmation or answer10 a question11 A person commits an offence if:12 (a) the person is served with a summons to attend an13 examination; and14 (b) an examiner conducting the examination requires the person15 to:16 (i) take an oath or make an affirmation at the examination17 (see section 82); or18 (ii) answer a question at the examination; and19 (c) the person fails to comply with the requirement.20 Note: For privileges and protections, see Division 6 of this Part.21 Penalty: Imprisonment for 5 years or 300 penalty units.22 Subdivision C—Contempt of the ACIC23