96Australian Criminal Intelligence Commission Bill 2026 No. , 2026

96 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (c) if the information given under subsection 94(2) is given in1 writing—a copy of the document recording that information.2 (7) A warrant is not invalid merely because the Director-General does3 not comply with subsection (6).4 96 Person apprehended and detained must be brought before5 examiner or judge6 Person apprehended and detained to be brought before examiner7 or superior court judge8 (1) A person apprehended and detained under a warrant issued under9 subsection 95(1) must be immediately brought before:10 (a) an examiner for the purposes of an examination; or11 (b) a superior court judge for the purposes of making an order12 under subsection (4).13 (2) If the person is brought before an examiner, the warrant ceases to14 be in force at the time the person is brought before the examiner.15 Note: If the person is brought before a superior court judge, the judge must16 order that the person be released with or without conditions.17 (3) Despite subsection (1), if it is not possible to bring the person18 immediately before an examiner or a superior court judge, the19 person may be detained only:20 (a) to the extent it is necessary in order to bring the person21 before an examiner or superior court judge for a purpose set22 out in subsection (1); and23 (b) until the earliest time it is possible to bring the person before24 an examiner or superior court judge for a purpose set out in25 subsection (1).26 Judge must order release with or without conditions27 (4) If the person is brought before a superior court judge, the judge28 must:29 (a) order that the person be released on:30 (i) the condition that the person appear before an examiner;31 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 97 (ii) such other conditions (if any) imposed by the judge1 under subsection (6); or2 (b) order that the person be released without conditions.3 Note: A function or power conferred on a judge under this section is4 conferred on the judge in the judge’s personal capacity: see subsection5 100(4).6 (5) For the purposes of making an order under paragraph (4)(a) that7 the person be released on one or more conditions, the judge must8 consider whether the person would be likely to appear before an9 examiner if the person were to be released without the conditions.10 Release may be subject to additional conditions11 (6) For the purposes of subparagraph (4)(a)(ii), the judge may also12 impose any other condition on release, including the following:13 (a) that the person surrenders the following documents:14 (i) any Australian travel document that has been issued to15 the person;16 (ii) any passport or other travel document that has been17 issued to the person by or on behalf of the government18 of a foreign country;19 (b) that the person give an undertaking as to the person’s living20 arrangements;21 (c) that the person report as required to a law enforcement22 agency.23 (7) If an order is made under paragraph (4)(a), the judge may, at any24 time:25 (a) vary or revoke a condition imposed under subsection (6); or26 (b) impose a new condition under subsection (6).27