86Australian Criminal Intelligence Commission Bill 2026 No. , 2026

86 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (iii) refuses or fails to give information, or produce a1 document or thing, during an examination as required2 under subsection 59(4) or 65(1); or3 (iv) refuses or fails to provide assistance in accordance with4 a direction under subsection 67(2) or 68(2); or5 (v) gives evidence or information, or produces a document,6 during the examination that the person knows is false or7 misleading in a material particular; or8 (vi) obstructs or hinders the examiner or an ACIC staff9 member in the performance or exercise of the examiner10 or staff member’s functions, powers or duties in11 connection with an examination; or12 (vii) disrupts the examination; or13 (viii) threatens a person present at the examination; or14 (b) is a legal practitioner who is required to answer a question,15 give information, or produce a document or thing during an16 examination, and both of the following apply:17 (i) the answer or information would disclose, or the18 document or thing contains, a privileged communication19 made by or to the legal practitioner in their capacity as a20 legal practitioner;21 (ii) the legal practitioner refuses to comply with the22 requirement and does not, when required by the23 examiner under subsection 125(3), give the examiner24 the name and address of the person to or by whom the25 privileged communication was made.26 Examiner may give warning to person who may be in contempt27 (2) If the examiner conducting an examination considers that a person28 may be in contempt of the ACIC and the examiner intends to refer29 the matter to the Director-General under subsection (3), the30 examiner must inform the person that:31 (a) the Director-General may make an application under32 subsection 86(1) for the person to be dealt with for contempt33 of the ACIC; and34 (b) if the Director-General does so, a court may deal with the35 person under section 87.36

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 87 Examiner may refer person in contempt to Director-General1 (3) If the examiner informs the person as referred to in subsection (2),2 the examiner may refer the matter to the Director-General for the3 purpose of considering whether to, under subsection 86(1), apply4 to a court for the person to be dealt with for contempt of the ACIC.5 86 Application for court to deal with contempt6 (1) If subsection (2) applies to a person, the Director-General may7 apply to either of the following for the person to be dealt with for8 contempt of the ACIC:9 (a) the Federal Court;10 (b) the Supreme Court of the State or Territory in which the11 contempt occurs.12 (2) This subsection applies to a person if:13 (a) an examiner conducting an examination has informed the14 person, in accordance with subsection 85(2), that:15 (i) the Director-General may make an application under16 this section for the person to be dealt with for contempt17 of the ACIC; and18 (ii) if the Director-General does so, a court may deal with19 the person under section 87; and20 (b) the examiner has referred the matter to the Director-General21 in accordance with subsection 85(3).22 (3) The application must be accompanied by a certificate that states:23 (a) the grounds for making the application; and24 (b) evidence in support of the application.25 (4) A copy of the certificate must be given to the person before, or at26 the same time as, the application is made.27