the CEO; and

the examiners; and

the members of the staff of the ACC.

the ACC is a listed entity; and

the CEO is the accountable authority of the ACC; and

the following persons are officials of the ACC:

the CEO;

the examiners;

the staff of the ACC referred to in subsection 47(1);

consultants engaged under subsection 48(1);

persons whose services are made available to the ACC under section 49; and

the purposes of the ACC include:

the functions of the ACC referred to in section 7A; and

the functions of the CEO referred to in section 46A.

the Commissioner of the Australian Federal Police;

the Secretary of the Department;

the Comptroller-General of Customs;

the Chairperson of the Australian Securities and Investments Commission;

(e) the Director-General of Security holding office under the Australian Security Intelligence Organisation Act 1979;

the Commissioner or head (however described) of the police force of each State and of the Northern Territory;

the Chief Police Officer of the Australian Capital Territory;

the CEO;

the Commissioner of Taxation.

Chair

to determine national criminal intelligence priorities;

to determine priorities in relation to national policing information systems and services;

to provide strategic direction to the ACC and to determine the priorities of the ACC;

to authorise, by determination made under subsection (2), an intelligence operation to occur;

to authorise, by determination made under subsection (3), an investigation relating to a federally relevant crime to occur;

to determine, in writing, the class or classes of persons to participate in such an operation or investigation;

to establish task forces;

to disseminate to law enforcement agencies or foreign law enforcement agencies, or to any other agency or body of the Commonwealth, a State or a Territory prescribed by the regulations, strategic criminal intelligence assessments provided to the Board by the ACC;

to make recommendations to the Minister about expenditure from the National Policing Information Systems and Services Special Account;

to make recommendations to the Minister about charges for national policing information services (including criminal history checks);

to determine, in writing, policies and give directions to the CEO in relation to the following:

disclosing national policing information;

approving a body as an accredited body;

to determine, in writing, any conditions or restrictions in relation to providing nationally coordinated criminal history checks;

to report to the Inter-Governmental Committee on the ACC’s performance;

such other functions as are conferred on the Board by other provisions of this Act.

Special ACC operations/investigations

categories of federally relevant crimes; or

categories of suspected offender; or

specific allegations of federally relevant crimes; or

specific offenders; or

any combination of the above.

is, at the time the determination is made, already investigating any or all of the federally relevant crimes to which the determination relates; or

subsequently investigates any or all of the federally relevant crimes to which the determination relates by any means other than through the exercise by an examiner of the powers under Division 2; or

decides to investigate any or all of the federally relevant crimes to which the determination relates because of a request for assistance by another law enforcement agency.

any particular offence or offences; or

any particular conduct, transaction or person to which the investigation or operation relates; or

any timeframe within which:

any federally relevant crime may have been, may be being, or may in future be, committed; or

the investigation or operation must commence or be completed.

beginning immediately after the determination is made; and

ending at the earliest of the following:

the end of the period of 3 years beginning immediately after the determination is made;

the end of the day on which the determination is revoked under subsection (4D);

if the determination is revoked under subsection 9(7)—when the CEO is notified of the revocation.

vary the legislative instrument under section 7 of the Charges Act in accordance with the recommendation; or

not vary the legislative instrument made under section 7 of the Charges Act.

must have regard to the principle that the charges and other fees imposed for national policing information services should cover the costs to the ACC of providing national policing information systems and services; and

may have regard to any other matter the Board considers relevant.

the first meeting of the Board must be within 2 months after the commencement of this section;

there must be a minimum of 2 meetings each calendar year;

the Board must meet in accordance with the schedule of Board meetings determined by the Board under this section.

a deliberative vote; and

if necessary, also a casting vote.

CEO is not a voting member

which, without being considered at a meeting of the Board, is referred to all members of the Board; and

of which:

if subparagraph (ii) does not apply—a majority of those members (not including the CEO); or

if the resolution is that the Board make a determination under subsection 7C(2) or (3)—at least 9 Board members (not including the CEO but including at least 2 eligible Commonwealth Board members);

indicate by telephone or other mode of communication to the Chair of the Board that they are in favour.

a member to represent the Commonwealth, being the Commonwealth Minister; and

in the case of each participating State—a member to represent that State, being a Minister of the Crown of that State nominated by the Premier of that State.

a quorum is constituted by:

if every State is a participating State—5 members of the Committee; or

in any other case—not less than one-half of the members of the Committee;

the member representing the Commonwealth shall preside;

each member of the Committee (including the member presiding) has a deliberative vote but the member of the Committee presiding does not have a casting vote; and

subject to this Act, questions arising shall be decided by a majority of the votes of the members of the Committee present.

which, without being considered at a meeting of the Committee, is referred to all members of the Committee; and

of which:

if subparagraph (ii) does not apply—a majority of those members, or if a majority including a particular member or particular members is required for the resolution to have effect, a majority including that member or those members, indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour; or

if the resolution is that the Committee make a request under subsection 9(2) or that the Committee revoke a determination made under subsection 7C(2) or (3)—the member of the Committee representing the Commonwealth is in favour and at least 5 other members indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour;

is as valid and effectual as if it had been passed at a meeting of the Committee duly convened and held.

to monitor generally the work of the ACC and the Board;

to oversee the strategic direction of the ACC and the Board;

to receive reports from the Board for transmission to the Governments represented on the Committee and to transmit those reports accordingly;

such other functions as are conferred on the Committee by other provisions of this Act.

Request for more information about special determination

must determine in writing whether disclosure of the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies; and

must provide copies of that determination to the Chair of the Board and the Committee; and

must not disclose his or her reasons for determining the question of whether the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies in the way stated in the determination.

Revoking the special determination

the Attorney-General of the Commonwealth or the State, as the case requires; or

the relevant law enforcement agency; or

any person or authority (other than a law enforcement agency) who is authorised by or under a law of the Commonwealth or of the State or Territory to prosecute the offence.

(1AA) Subsection (1) has effect subject to:

any relevant direction given under subsection 25A(9) (about confidentiality for examinations); and

the CEO complying with sections 25B to 25G to the extent that the evidence is examination material or derivative material.

the Attorney-General of the Commonwealth or the State, as the case requires; or

a relevant law enforcement agency; or

any person or authority (other than a law enforcement authority) who is authorised to commence the confiscation proceedings.

any relevant direction given under subsection 25A(9) (about confidentiality for examinations); and

the CEO complying with sections 25B and 25H to the extent that the evidence is examination material or derivative material.

for purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or

for purposes involving, or for purposes related to, the collection and transmission of information by a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or

in, or for purposes related to, a Territory; or

(d) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or

for purposes related to trade or commerce:

between Australia and places outside Australia; or

among the States; or

within a Territory, between a State and a Territory, or between 2 Territories; or

for purposes related to external affairs, including:

giving effect to an international agreement to which Australia is a party; or

addressing matters of international concern; or

by way of the performance of its functions in a place outside Australia; or

for purposes related to preventing the influx of criminals into Australia; or

for purposes related to the service and execution throughout the Commonwealth of the civil and criminal process and the judgments of the courts of the States; or

by way of the provision of a service, for a purpose of the Commonwealth, to:

the Commonwealth; or

an authority of the Commonwealth; or

for purposes related to the executive power of the Commonwealth; or

for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

for reform of the law relating to relevant offences, including:

evidence and procedure applicable to the trials of relevant offences;

relevant offences in relation to, or involving, corporations;

taxation, banking and financial frauds;

reception by Australian courts of evidence obtained in foreign countries as to relevant offences; and

maintenance and preservation of taxation, banking and financial records;

for reform of administrative practices; or

for reform of administration of the courts in relation to trials of relevant offences;

the Board may make the recommendation to the Commonwealth Minister, or to that Minister of the Crown of that State, as the case may be.

is a debt due to the Commonwealth; and

is recoverable by the ACC, on behalf of the Commonwealth, in a court of competent jurisdiction.

is a debt due to the Commonwealth; and

is recoverable by the ACC, on behalf of the Commonwealth, in a court of competent jurisdiction.

Waiver etc. of charge

waive or reduce, in a particular case or in particular cases, charge imposed by the Charges Act on an application for, or the provision of, a kind of national policing information service; or

refund, in whole or in part, in a particular case or in particular cases, charge imposed by the Charges Act on an application for, or the provision of, a kind of national policing information service.

Commonwealth liability for charge

particular special ACC operations/investigations; or

a matter related to national policing information systems and services (including expenditure from the National Policing Information Systems and Services Special Account).

(a) as soon as practicable after giving the direction or furnishing the guideline, cause a copy of the direction or guideline to be published in the Gazette; and

(b) cause a copy of the direction or guideline to be laid before each House of the Parliament within 15 sitting days of that House after the copy is published in the Gazette.

was acquired by the first-mentioned agency in the ordinary course of performing its functions, or was acquired by that person in that person’s capacity as a member, officer or employee of the second-mentioned agency, as the case may be; and

is relevant to a special ACC operation/investigation.

a relevant request in relation to an agency has been served on a prescribed officer of the agency; and

the prescribed officer considers it appropriate, having regard to the relevant matters in relation to the request, to comply with the request;

the prescribed officer may comply with the request.

a relevant request in relation to an agency has been served on a person who is, or has been, a member, officer or employee of the agency but who is not a prescribed officer of the agency; and

a prescribed officer of the agency considers it appropriate, having regard to the relevant matters in relation to the request, for the person to comply with the request;

the prescribed officer may direct the person in writing to comply with the request and, if the prescribed officer does so, the person shall not refuse or fail to comply with the request.

subsection (6); and

a taxation secrecy provision; and

a secrecy provision specified in an arrangement under section 20A; and

(d) sections 63 and 133 of the Telecommunications (Interception and Access) Act 1979 and clause 152 of Schedule 1 to that Act; and

(e) Inspector-General of Intelligence and Security Act 1986;section 34 (secrecy) of the

but have effect despite any other secrecy provision.

a relevant request in relation to the Administrative Review Tribunal has been served on a person who is, or has been, a member or officer of the Tribunal; and

(b) if subsections (3) and (4) of this section had not been enacted, Australian Security Intelligence Organisation Act 1979 would prohibit the person from furnishing or sending to the examiner, in compliance with the request, particular information, or a particular document or thing, that originated with, or was directly or indirectly received by that tribunal or by such a member, officer or employee from, the Australian Security Intelligence Organisation;section 81 of the

subsection (3) or (4), as the case requires, of this section does not entitle or require the person so to furnish the information or send the document or thing.

a prescribed officer of an agency; or

a person who is, or has been, a member, officer or employee of an agency;

in relation to any action taken by such an officer or person in compliance, in accordance with this section, with a request under this section.

(a) the Principal Registrar within the meaning of the Administrative Review Tribunal Act 2024; or

a staff member within the meaning of that Act.

prescribed agency means an agency prescribed for the purposes of this definition and includes the Fair Work Commission, the Australian Human Rights Commission and the Inter-State Commission.

prescribed officer, in relation to an agency, means:

except in a case where paragraph (b), (c), (d) or (e) applies—the principal officer of the agency;

in the case of a court—the holder of a judicial office pertaining to the court, being an office established by the legislation establishing the court;

in the case of a tribunal (other than the Administrative Review Tribunal) or prescribed agency that consists of one person—that person;

in the case of a tribunal (other than the Administrative Review Tribunal) or prescribed agency that consists of 2 or more persons—any of those persons; or

in the case of the Administrative Review Tribunal—the President of the Administrative Review Tribunal.

principal officer means:

(a) in relation to a Commonwealth agency other than an exempt agency—the person who is the principal officer of the agency for the purposes of the Freedom of Information Act 1982; or

in relation to an exempt agency:

in a case where the regulations declare an office to be the principal office in respect of the agency—the person holding that office; or

in any other case—the person who constitutes the agency or, if the agency is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the agency at which the last-mentioned person is present; or

in relation to a State agency—the person holding office or acting as head (however described) of the agency.

relevant matters, in relation to a relevant request in relation to an agency, means the following matters:

the nature of the information, document or thing to which the request relates;

the functions of the agency;

the nature of the special ACC operation/investigation to which the information, document or thing, as the case may be, is relevant;

the public interest.

relevant request, in relation to an agency, means a request under this section, being:

a request to the principal officer of the agency to furnish particular information that was acquired by the agency in the ordinary course of performing its functions;

a request to a person who is, or has been, a member, officer or employee of the agency to furnish particular information that was acquired by the person in the person’s capacity as such a member, officer or employee; or

a request to the principal officer of the agency to send to the examiner a document or thing that relates to the performance by the agency of its functions.

State agency means the following agencies:

a Department of a State;

an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;

a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:

the Crown in right of a State;

a person or body covered by paragraph (b);

a person or body covered by either of the above subparagraphs.

was acquired by the first-mentioned agency in the ordinary course of performing its functions, or was acquired by that person in that person’s capacity as a member, officer or employee of the second-mentioned agency, as the case may be; and

is relevant to a special ACC operation/investigation.

to attend, at a time and place specified in the notice, before a person specified in the notice, being the examiner or a member of the staff of the ACC; and

to produce at that time and place to the person so specified a document or thing specified in the notice, being a document or thing that relates to the performance by the agency of its functions and is relevant to a special ACC operation/investigation.

a taxation secrecy provision; or

a secrecy provision specified in an arrangement under section 20A; or

a provision of a law of the Commonwealth that is specified in Schedule 1; or

anything done under a provision of the kind referred to in paragraph (b).

principal officer means:

(a) in relation to a Commonwealth agency—the person who is the principal officer of the agency for the purposes of the Freedom of Information Act 1982; or

in relation to a State agency—the person holding office or acting as head (however described) of the agency.

State agency means the following agencies:

a Department of a State;

an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;

a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:

the Crown in right of a State;

a person or body covered by paragraph (b);

a person or body covered by either of the above subparagraphs.

the State agency or State agencies from which an examiner may or may not request or require information, documents or things; and

any information, documents or things which an examiner may or may not request or require; and

any secrecy provisions to which the provision of information, documents or things is subject.

(a) has been published in the Gazette; and

is in force.

to attend, at a specified time and place, before an examiner or member of the staff of the ACC; and

to produce to that person at that time and place a specified document or thing relevant to a special ACC operation/investigation;

if the examiner is satisfied that issuing the notice is reasonable in all the circumstances.

the person is served with a notice under subsection (1); and

the person fails to comply with a notice.

the notice; or

any official matter connected with it;

is prohibited except in any circumstances specified in the notation.

a person’s safety or reputation; or

a person’s fair trial, if the person has been charged with an offence or such a charge is imminent; or

the effectiveness of an operation or investigation.

might prejudice:

a person’s safety or reputation; or

a person’s fair trial, if the person has been charged with an offence or such a charge is imminent; or

the effectiveness of an operation or investigation; or

might otherwise be contrary to the public interest.

the ACC concludes the special ACC operation/investigation to which the notice relates; and

all criminal proceedings (if any) resulting from the operation or investigation have commenced.

a notation has been included under, but not cancelled by, this section; and

apart from this subsection, a credit reporting body (within the meaning of that Act) would be required, under subsection 20E(5) of that Act, to make a note about the disclosure of information to which the notation relates;

such a note must not be made until the notation is cancelled.

the person is served with a notice under section 21A that includes a notation under section 21B; and

the person discloses the existence of, or any information about:

the notice; or

any official matter connected with the notice; and

when the disclosure is made:

the notation has not been cancelled by subsection 21B(6); and

the period of 5 years after the notice is served under section 21A has not ended.

in any circumstances permitted by the notation; or

to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the notice; or

to a legal aid officer for the purpose of seeking assistance under section 27 in relation to the notice; or

if the person is a body corporate—to an officer or agent of the body corporate for the purpose of ensuring compliance with the notice; or

if the person is a legal practitioner—for the purpose of obtaining the agreement of another person under subsection 21D(2) to the legal practitioner producing a document or thing; or

(g) as a NACC disclosure (within the meaning of the National Anti-Corruption Commission Act 2022); or

to an IGIS official for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official.

a disclosure is made to a person about:

a notice under section 21A that includes a notation under section 21B; or

any official matter connected with such a notice; and

the disclosure is permitted under subsection (2) or (4) because the person is a person of a particular kind; and

while the person is a person of that kind, the person discloses the existence of, or any information about:

the notice; or

any official matter connected with the notice; and

when the disclosure by the person is made:

the notation has not been cancelled by subsection 21B(6); and

the period of 5 years after the notice is served under section 21A has not ended.

if the person is an officer or agent of a body corporate referred to in paragraph (2)(d):

to another officer or agent of the body corporate for the purpose of ensuring compliance with the notice; or

to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the notice; or

to a legal aid officer for the purpose of seeking assistance under section 27 in relation to the notice; or

if the person is a legal practitioner—for the purpose of giving legal advice, making representations, or seeking assistance under section 27, in relation to the notice; or

if the person is a legal aid officer—for the purpose of obtaining legal advice or representation in relation to the notice; or

(e) by making a NACC disclosure (within the meaning of the National Anti-Corruption Commission Act 2022); or

to an IGIS official for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official.

a disclosure is made to a person about:

a notice under section 21A that includes a notation under section 21B; or

any official matter connected with such a notice; and

the disclosure is permitted under subsection (2) or (4) because the person is a person of a particular kind; and

when the person is no longer a person of that kind, the person:

makes a record of the notice; or

discloses the existence of the notice; or

discloses any information about the notice or the existence of it; and

when the record, or disclosure, is made by the person:

the notation has not been cancelled by subsection 21B(6); and

the period of 5 years after the notice is served under section 21A has not ended.

the fact that he or she produces a document or thing does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that document or thing; and

the document does not cease to be the subject of legal professional privilege merely because it is produced or referred to.

a criminal proceeding; or

a proceeding for the imposition or recovery of a penalty; or

a confiscation proceeding.

a confiscation proceeding, if the document or thing was produced at a time when the proceeding had not commenced and is not imminent; or

a proceeding about:

in the case of an answer—the falsity of the answer; or

in the case of the production of a document—the falsity of any statement contained in the document.

(a) the eligible person has reasonable grounds for suspecting that, on a particular day (in this section referred to as the relevant day), being the day on which, or a particular day within one month after the day on which, the application is made, there may be, upon any land or upon or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a special ACC operation/investigation (in this section referred to as things of the relevant kind); and

the eligible person believes on reasonable grounds that, if a summons were issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed.

to enter upon the land or upon or into the premises, vessel, aircraft or vehicle;

to search the land, premises, vessel, aircraft or vehicle for things of the relevant kind; and

to seize any things of the relevant kind found upon the land or upon or in the premises, vessel, aircraft or vehicle and deliver things so seized to any person participating in the special ACC operation/investigation.

an affidavit has been furnished to him or her setting out the grounds on which the issue of the warrant is being sought;

the applicant (or some other person) has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought; and

the issuing officer is satisfied that there are reasonable grounds for issuing the warrant.

include a statement of the purpose for which the warrant is issued, which shall include a reference to the special ACC operation/investigation and with which the things of the relevant kind are connected;

state whether entry is authorized to be made at any time of the day or night or during specified hours of the day or night;

include a description of the kind of things authorized to be seized; and

specify a date, not being later than one month after the date of issue of the warrant, upon which the warrant ceases to have effect.

complete and sign the warrant;

inform the eligible person who made the application of the terms of the warrant and the date on which and the time at which it was signed;

record on the warrant his or her reasons for issuing the warrant; and

send a copy of the warrant to the CEO.

in connection with a special ACC operation/investigation, a summons has been issued under this Act requiring a person to appear before an examiner at an examination (whether or not the summons has been served), or a person has appeared before an examiner at an examination, to give evidence or to produce documents or other things;

there are reasonable grounds for believing that the person may be able to give to the examiner evidence or further evidence that is, or to produce to the examiner documents or other things or further documents or other things that are, relevant to the special ACC operation/investigation and could be of particular significance to the special ACC operation/investigation; and

there are reasonable grounds for suspecting that the person intends to leave Australia and has in his or her possession, custody or control:

an Australian travel document that has been issued to him or her; or

a passport or other travel document that has been issued to him or her by or on behalf of the government of a foreign country;

the Judge may make an order requiring the person to appear before the Federal Court on a date, and at a time and place, specified in the order to show cause why he or she should not be ordered to deliver the travel document to the examiner.

an order under subsection (1) or a corresponding provision of a law of a State has been made in respect of a person; and

a copy of that order has been served upon the person;

the person shall not leave Australia unless:

he or she has appeared before the Federal Court as required by the order referred to in paragraph (a); and

if the Court makes an order in respect of him or her under paragraph (3)(a)—he or she has complied with the terms of that order and any travel document delivered by him or her to the examiner in accordance with that order has been returned to him or her.

requiring the person to deliver to the examiner any travel document issued to him or her that is in his or her possession, custody or control; and

authorizing the examiner to retain the travel document until the expiration of such period (not exceeding one month) as is specified in the order.

(a) a purpose referred to in subsection 3ZQU(1) of the Crimes Act 1914;

the performance of the functions of the ACC referred to in section 7A of this Act;

the performance of the functions of the Board referred to in section 7C of this Act.

requires or authorises the use of a document or other thing; or

requires or authorises the making available (however described) of a document or other thing.

Sharing returnable item for use by State, Territory or foreign agency

a State or Territory law enforcement agency; or

an agency that has responsibility for:

law enforcement in a foreign country; or

intelligence gathering for a foreign country; or

the security of a foreign country;

to be used by that agency for a purpose mentioned in subsection (1), (5) or (6) and the purpose of any or all of the following (but not for any other purpose):

preventing, investigating or prosecuting an offence against a law of a State or Territory;

(d) proceedings under a corresponding law (within the meaning of the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002);

proceedings for the forfeiture of the item under a law of a State or Territory;

(f) deciding whether to institute proceedings or to take any other action mentioned in any of paragraphs 3ZQU(1)(a) to (l) (inclusive) of the Crimes Act 1914, subsection (5) or (6) of this section, or paragraph (c), (d) or (e) of this subsection.

Ministerial arrangements for sharing

the making available to a State or Territory law enforcement agency of that State or Territory, for purposes mentioned in subsections (1), (6) and (8), of returnable items; and

the disposal by the agency of such items when they are no longer of use to that agency for those purposes.

Returnable items that are examination material or derivative material

any relevant direction given under subsection 25A(9) (about confidentiality for examinations); and

the person making available, or using, the returnable item complying with sections 25B to 25H to the extent that the returnable item is examination material or derivative material.

the person from whom the item was seized, or the person who produced the item; or

the owner, if the person mentioned in paragraph (a) is not entitled to possess it.

either:

the returnable item may be retained because of an order under subsection 24AC(2), or any other order under that subsection has been made in relation to the item; or

the CEO has applied for such an order and the application has not been determined; or

the returnable item may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or

the returnable item is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

is not required (or is no longer required) for the purposes of the special ACC operation/investigation to which the examination relates; or

(b) will no longer be so required once certain conditions (the return conditions) have been met;

the examiner may, at or before the time the person is excused or released from further attendance at the examination, direct that the item be returned to:

the person; or

the owner, if the person is not entitled to possess it.

the owner of the item;

the person from whom the item was seized, or the person who produced the item.

an order that the item may be retained for the period specified in the order;

an order that the item is forfeited to the Commonwealth;

if the item is not a document—an order that:

the item be sold and the proceeds given to the owner of the item; or

the item be sold in some other way;

an order that the item is to be destroyed or otherwise disposed of.

Item must be returned if issuing officer not satisfied

the person from whom the item was seized, or the person who produced the item;

if the person referred to in paragraph (a) is not entitled to possess the item—the owner of the item.

CEO to notify persons with an interest in returnable item

take reasonable steps to discover who has an interest in the returnable item; and

if it is practicable to do so, notify each person who the CEO believes to have such an interest of the proposed application.

Person with interest may appear and be heard

a pre-charge examination or a post-charge examination; or

a pre-confiscation application examination or a post-confiscation application examination.

paragraph (2)(a) were, by express provision, confined to pre-charge examinations; or

paragraph (2)(b) were, by express provision, confined to pre-confiscation application examinations.

a person giving evidence may be represented by a legal practitioner; and

if, by reason of the existence of special circumstances, the examiner consents to a person who is not giving evidence being represented by a legal practitioner—the person may be so represented.

Persons present at examination

a person representing the person giving evidence; or

a person representing, in accordance with subsection (2), a person who, by reason of a direction given by the examiner under subsection (3), is entitled to be present; or

(c) an IGIS official who is present at the examination for the purpose of conducting an inspection or inquiry under the Inspector-General of Intelligence and Security Act 1986 (subject to subsection (4A)).

the life or safety of a person; or

the effectiveness of the examination.

The official must be provided with an audio-visual recording of the examination as soon as practicable after the end of the examination.

by written notice given to the official before the examination; or

by notifying the official orally during the examination.

counsel assisting the examiner generally or in relation to the matter to which the special ACC operation/investigation relates; or

any person authorised by the examiner to appear before the examiner at the examination; or

any legal practitioner representing a person at the examination in accordance with subsection (2);

may, so far as the examiner thinks appropriate, examine or cross-examine any witness on any matter that the examiner considers relevant to the special ACC operation/investigation.

the subject matter of any charge, or imminent charge, against the witness; and

the subject matter of any confiscation proceeding, or imminent confiscation proceeding, against the witness.

subsection (6A) had not been enacted; or

subsection (6A) were, by express provision, confined to dealing with a charge against the witness or such a charge that is imminent; or

subsection (6A) were, by express provision, confined to dealing with a confiscation proceeding against the witness that has commenced or is imminent.

inform the witness that the person is present; and

give the witness an opportunity to comment on the presence of the person.

the examiner fails to comply with subsection (7); or

a witness comments adversely on the presence of the person under paragraph (7)(b).

Confidentiality

must not be used or disclosed; or

may only be used by, or disclosed to, specified persons in specified ways or on specified conditions.

might prejudice a person’s safety; or

would reasonably be expected to prejudice the examinee’s fair trial, if the examinee has been charged with a related offence or such a charge is imminent.

the CEO; or

the examiner conducting the examination, if the examinee for the examination material has neither been excused nor released from further attendance at the examination.

might prejudice a person’s safety; or

would reasonably be expected to prejudice the examinee’s fair trial, if the examinee has been charged with a related offence or such a charge is imminent.

Courts

a person has been charged with an offence before a federal court or before a court of a State or Territory; and

the court considers that it may be desirable in the interests of justice that particular evidence given before an examiner, being evidence in relation to which the examiner has given a direction under subsection (9), be made available to the person or to a legal practitioner representing the person;

the court may give to the examiner or to the CEO a certificate to that effect and, if the court does so, the examiner or the CEO, as the case may be, must make the evidence available to the court.

the examiner or the CEO makes evidence available to a court in accordance with subsection (12); and

the court, after examining the evidence, is satisfied that the interests of justice so require;

the court may make the evidence available to the person charged with the offence concerned or to a legal practitioner representing the person.

Offences

the person uses or discloses examination material (whether or not the person is the first to do so); and

the use or disclosure contravenes a direction given under subsection (9) about the examination material; and

the use or disclosure is not under subsection (12) or (13) or paragraph 25C(1)(b).

a record of the proceedings of the examination; and

any documents or other things given to the examiner at, or in connection with, the examination.

a pre-charge use or disclosure of the material; or

a post-charge use or disclosure of pre-charge examination material; or

a post-charge use or disclosure of post-charge examination material; or

a pre-confiscation application use or disclosure of the examination material; or

a post-confiscation application use or disclosure of pre-confiscation application examination material; or

a post-confiscation application use or disclosure of post-confiscation application examination material.

any relevant direction given under subsection 25A(9); and

paragraph 25C(1)(b), in the case of a disclosure to a prosecutor of the examinee.

Subsection (1) does not, by implication, limit the use or disclosure of the examination material for any other purpose.

an examiner;

the CEO or a member of the staff of the ACC;

a person or body investigating whether the examinee committed an offence against a law of the Commonwealth, or of a State or Territory;

a prosecutor of the examinee;

a prosecuting authority;

a proceeds of crime authority;

any other person or body lawfully in possession of the examination material.

one or more of paragraphs (1)(b), (c), (e) and (f) had not been enacted; or

subsection (3) were, by express provision, confined to persons or bodies other than either or both of the following:

prosecutors of the examinee;

proceeds of crime authorities.

a pre-charge disclosure of the material; or

a post-charge disclosure of:

pre-charge examination material; or

post-charge examination material;

under an order made under subsection 25E(1).

a pre-charge disclosure of the material; or

a post-charge disclosure of derivative material obtained from pre-charge examination material (whether from a pre-charge use of that examination material or otherwise); or

a post-charge disclosure of derivative material obtained from post-charge examination material, and the disclosure is under an order made under subsection 25E(1).

in the interests of justice; and

despite any relevant direction given under subsection 25A(9).

The order may specify the prosecutors (by any means), and the uses to which they may put the material.

if the examinee has been charged with a related offence before a federal court or a court of a State or Territory—that court; or

otherwise—a federal court (other than the Federal Circuit and Family Court of Australia (Division 1)) or a court of a State or Territory.

Court’s powers to ensure the examinee’s fair trial

an offence against a law of the Commonwealth or a Territory; or

an offence against a law of a State that has a federal aspect;

is not unfair merely because the person has been an examinee. This applies whether the person became an examinee:

before being charged with the offence and before such a charge was imminent; or

after being charged with the offence or after such a charge was imminent.

is suspected of; or

has been charged with;

an offence against subsection 30(1), (2) or (3), 33(1) or 35(1) in relation to the examination.

a pre-charge disclosure of the material; or

a post-charge disclosure of:

pre-charge examination material; or

derivative material obtained from pre-charge examination material (whether from a pre-charge use of the examination material or otherwise); or

a post-charge disclosure of:

post-charge examination material; or

derivative material obtained from post-charge examination material;

and whether or not an order has been made under subsection 25E(1).

making a decision whether to prosecute the examinee; and

prosecuting the examinee.

This use of the examination material is subject to subsection 30(5) and any relevant direction given under subsection 25A(9).

a prosecuting authority; or

an individual employed or engaged by a prosecuting authority;

who is not a prosecutor of the examinee.

a pre-confiscation application disclosure of the material; or

a post-confiscation application disclosure of:

pre-confiscation application examination material; or

derivative material obtained from pre-confiscation application examination material (whether from a pre-confiscation application use of the examination material or otherwise); or

a post-confiscation application disclosure of:

post-confiscation application examination material; or

derivative material obtained from post-confiscation application examination material.

it would involve substantial hardship to the person to refuse the application; or

the circumstances of the case are of such a special nature that the application should be granted;

authorize the provision by the Commonwealth to that person, either unconditionally or subject to such conditions as the Attorney-General determines, of such legal or financial assistance in respect of the appearance of that person before the examiner, or the application by that person to the Federal Court, as the case may be, as the Attorney-General determines.

give evidence;

produce any documents or other things referred to in the summons;

if the examiner is satisfied that issuing the summons is:

in all cases—reasonable in all the circumstances; and

in the case of a post-charge, or post-confiscation application, summons—reasonably necessary for the purposes of the relevant special ACC operation/investigation even though:

the person has been charged or the confiscation proceeding has commenced; or

that charge or proceeding is imminent.

before the issue of the summons; or

at the same time as the issue of the summons.

the examiner may require a person appearing at the examination to give evidence either to take an oath or to make an affirmation in a form approved by the examiner; and

the examiner, or a person who is an authorised person in relation to the ACC, may administer an oath or affirmation to a person so appearing at the examination.

paragraph (1)(d) had not been enacted; or

paragraph (1)(d) were, by express provision, confined to dealing with a charge against the person or such a charge that is imminent; or

paragraph (1)(d) were, by express provision, confined to dealing with a confiscation proceeding against the person that has commenced or is imminent.

the examiner must include the notation if satisfied that failure to do so would reasonably be expected to prejudice:

the safety or reputation of a person; or

a person’s fair trial, if the person has been charged with an offence or such a charge is imminent; or

the effectiveness of an operation or investigation;

the examiner may include the notation if satisfied that failure to do so might prejudice:

the safety or reputation of a person; or

a person’s fair trial, if the person has been charged with an offence or such a charge is imminent; or

the effectiveness of an operation or investigation;

the examiner may include the notation if satisfied that failure to do so might otherwise be contrary to the public interest.

no evidence of an offence has been obtained as described in subsection 12(1); or

evidence of an offence or offences has been assembled and given as required by subsection 12(1) and the CEO has been advised that no person will be prosecuted; or

evidence of an offence or offences committed by only one person has been assembled and given as required by subsection 12(1) and criminal proceedings have begun against that person; or

evidence of an offence or offences committed by 2 or more persons has been assembled and given as required by subsection 12(1) and:

criminal proceedings have begun against all those persons; or

criminal proceedings have begun against one or more of those persons and the CEO has been advised that no other of those persons will be prosecuted;

all the notations that were included under this section in any summonses relating to the operation or investigation are cancelled by this subsection.

under this section, a notation in relation to the disclosure of information about:

a summons issued under section 28; or

any official matter connected with the summons;

has been made and not cancelled; and

(b) apart from this subsection, a credit reporting body (within the meaning of the Privacy Act 1988) would be required, under subsection 20E(5) of the Privacy Act 1988, to make a note about the disclosure of the information;

such a note must not be made until the notation is cancelled.

the existence of the summons or any information about it; or

the existence of, or any information about, any official matter connected with the summons.

in accordance with the circumstances, if any, specified in the notation; or

to a legal practitioner for the purpose of obtaining legal advice or representation relating to the summons or matter; or

to a legal aid officer for the purpose of obtaining assistance under section 27 relating to the summons or matter; or

if the person is a body corporate—to an officer or agent of the body corporate for the purpose of ensuring compliance with the summons; or

if the person is a legal practitioner—for the purpose of obtaining the agreement of another person under subsection 30(3) to the legal practitioner answering a question or producing a document at an examination before an examiner; or

(g) as a NACC disclosure (within the meaning of the National Anti-Corruption Commission Act 2022); or

to an IGIS official for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official.

while he or she is a person of a kind to whom a disclosure is so permitted to be made, he or she must not disclose the existence of, or any information about, the summons, or any official matter connected with it, except as permitted by subsection (4);

while he or she is no longer such a person, he or she must not, in any circumstances, make a record of, or disclose the existence of, the summons or matter, or disclose any information about any of them.

if the person is an officer or agent of a body corporate referred to in paragraph (2)(d):

to another officer or agent of the body corporate for the purpose of ensuring compliance with the summons; or

to a legal practitioner for the purpose of obtaining legal advice or representation relating to the summons or matter; or

to a legal aid officer for the purpose of obtaining assistance under section 27 relating to the summons or matter; or

if the person is a legal practitioner—for the purpose of giving or obtaining legal advice or legal representation, making representations, or obtaining assistance under section 27, relating to the summons or matter; or

if the person is a legal aid officer—for the purpose of obtaining legal advice or representation relating to the summons or matter; or

(e) by making a NACC disclosure (within the meaning of the National Anti-Corruption Commission Act 2022); or

to an IGIS official for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official.

the notation contained in the summons is cancelled by subsection 29A(4); or

5 years elapse after the issue of the summons;

whichever is sooner.

fail to attend as required by the summons; or

fail to attend from day to day unless excused, or released from further attendance, by the examiner.

Failure to answer questions etc.

when required pursuant to section 28 either to take an oath or make an affirmation—refuse or fail to comply with the requirement;

refuse or fail to answer a question that he or she is required to answer by the examiner; or

refuse or fail to produce a document or thing that he or she was required to produce by a summons under this Act served on him or her as prescribed.

a legal practitioner is required to answer a question or produce a document at an examination before an examiner; and

the answer to the question would disclose, or the document contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner;

the legal practitioner is entitled to refuse to comply with the requirement unless the person to whom or by whom the communication was made agrees to the legal practitioner complying with the requirement but, where the legal practitioner refuses to comply with the requirement, he or she shall, if so required by the examiner, give the examiner the name and address of the person to whom or by whom the communication was made.

Use immunity available in some cases if self-incrimination claimed

a person appearing as a witness at an examination before an examiner:

answers a question that he or she is required to answer by the examiner; or

produces a document or thing that he or she was required to produce by a summons under this Act; or

produces a document or thing that he or she was required to produce under subsection 28(4); and

in the case of the production of a document that is, or forms part of, a record of an existing or past business—the document sets out details of earnings received by the person in respect of his or her employment and does not set out any other information; and

before answering the question or producing the document or thing, the person claims that the answer, or the production of the document or thing, might tend to incriminate the person or make the person liable to a penalty.

a criminal proceeding; or

a proceeding for the imposition of a penalty; or

a confiscation proceeding.

a confiscation proceeding, if the answer was given, or the document or thing was produced, at the examination at a time when the proceeding had not commenced and is not imminent; or

a proceeding about:

in the case of an answer—the falsity of the answer; or

in the case of the production of a document—the falsity of any statement contained in the document.

that a person who has been ordered, under section 24, to deliver a travel document to the examiner, whether or not the person has complied with the order, is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner; or

that a person in relation to whom a summons has been issued under subsection 28(1):

has absconded or is likely to abscond; or

is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons; or

that a person has committed an offence under subsection 30(1) or is likely to do so;

the Judge may issue a warrant for the apprehension of the person.

admit the person to bail, with such security as the Judge thinks fit, on such conditions as he or she thinks necessary to ensure the appearance of the person as a witness before the examiner;

order the continued detention of the person for the purposes of ensuring his or her appearance as such a witness; or

order the release of the person.

the Federal Court;

the Supreme Court of the State or Territory in which the examination to which the contempt relates is being conducted.

the grounds for making the application; and

evidence in support of the application.

considering the matters specified in the certificate; and

hearing or receiving any evidence or statements by or in support of the ACC; and

hearing or receiving any evidence or statements by or in support of the person;

the Court to which the application was made finds that the person was in contempt of the ACC, the Court may deal with the person as if the acts or omissions involved constituted a contempt of that Court.

contempt of the ACC were an offence; and

references to a person being criminally responsible for an offence were references to a person being responsible for contempt of the ACC.

the examiner must apply to the Court as soon as practicable under subsection 34B(1) in respect of the person; and

the person must, subject to subsection (3) of this section, be brought before the Court as soon as practicable.

direct that the person be released from detention on condition that he or she will appear before the Court in relation to the application; or

order that the person continue to be detained until the application is determined.

that the person surrenders the following documents:

any Australian travel document that has been issued to him or her;

any passport or other travel document that has been issued to him or her by or on behalf of the government of a foreign country; or

that the person gives an undertaking as to his or her living arrangements; or

that the person reports as required to a law enforcement agency.

the examiner does so; and

the person is in detention under section 34D;

the person must be released from detention immediately.

obstruct or hinder:

the ACC in the performance of its functions; or

an examiner in the performance of his or her functions as an examiner; or

disrupt an examination before an examiner; or

threaten any person present at an examination before an examiner.

an application is made to the Federal Court or a Supreme Court under subsection 34B(1) in respect of an act or omission by a person; and

the person is dealt with by the Court under that section in respect of the act or omission;

the person is not liable to be prosecuted for an offence in respect of that act or omission.

invite the Board to make nominations for appointment; and

consult the members of the Inter-Governmental Committee in relation to the appointment.

that the performance of the CEO has been unsatisfactory; or

that the CEO should be suspended while allegations of misbehaviour against the CEO are investigated.

asked the Board for its advice in relation to the proposed suspension; and

considered the Board’s advice.

the CEO:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

the CEO is absent, except on leave of absence granted under section 39, for 14 consecutive days, or for 28 days in any 12 months; or

(c) the CEO fails, without reasonable excuse, to comply with Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; orsection 29 of the

the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.

Unsatisfactory performance

(a) is an eligible employee for the purposes of the Superannuation Act 1976; and

has not reached his or her maximum retiring age (within the meaning of that Act);

then he or she is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.

(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

is under 60 years of age;

then he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.

(a) is an ordinary employer-sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

is under 60 years of age;

then he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.

each arrangement that the CEO has made with an examiner under subsection (3) during the previous 6 months; and

the nature of the special ACC operation/investigation to which the arrangement relates.

Accredited bodies

a body of the Commonwealth, a State or a Territory;

any other body or organisation however described (including bodies or organisations outside Australia).

the examiner:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

the examiner (being a full-time examiner) is absent, except on leave of absence granted under section 46D, for 14 consecutive days, or for 28 days in any 12 months; or

(c) the examiner fails, without reasonable excuse, to comply with Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; orsection 29 of the

the examiner (being a full-time examiner) engages, except with the Minister’s approval, in paid employment outside the duties of his or her office (see subsection 46G(1)); or

the examiner (being a part-time examiner):

engages in paid employment that, in the CEO’s opinion, conflicts or may conflict with the proper performance of his or her duties (see subsection 46G(2)); or

does not comply with a requirement under subsection 46G(3) (notifying the CEO of employment details).

Invalidity

(a) is an eligible employee for the purposes of the Superannuation Act 1976; and

has not reached his or her maximum retiring age (within the meaning of that Act);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.

(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.

(a) is an ordinary employer-sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.

the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and

the CEO is the Head of that Statutory Agency.

amounts to serious misconduct by the staff member; and

is having, or is likely to have, a damaging effect on:

the professional self-respect or morale of some or all of the members of the staff of the ACC; or

the reputation of the ACC with the public, or any section of the public, or with an Australian or overseas government, or with a person or body (however described) to whom the CEO may disclose ACC information under section 59AA.

the termination of the staff member’s employment; or

the making of the declaration.

in writing; and

made within 24 hours of the CEO’s decision to terminate the staff member’s employment.

the grounds for the CEO’s belief referred to in subsection (1) in relation to the staff member;

the nature and findings of any investigation of, or inquiry into, the staff member’s conduct or behaviour;

details of any other matter the CEO considers relevant.

Meaning of serious misconduct

corruption, a serious abuse of power, or a serious dereliction of duty, by the staff member; or

any other seriously reprehensible act or behaviour by the staff member, whether or not acting, or purporting to act, in the course of his or her duties as such a staff member.

the CEO; and

a member of the Board; and

a member of the staff of the ACC; and

an examiner.

makes a record of any information; or

divulges or communicates to any person any information;

being information acquired by him or her by reason of, or in the course of, the performance of his or her duties under this Act, commits an offence punishable on conviction by imprisonment for a period not exceeding 2 years, a fine not exceeding 120 penalty units, or both.

for the purpose of carrying into effect the provisions of a relevant Act; or

for the purposes of a prosecution instituted as a result of an operation or investigation carried out by the ACC in the performance of its functions.

(a) a person referred to in the definition of member of the staff of the ACC in subsection 4(1); or

a person who assists, or performs services for or on behalf of, a legal practitioner appointed under section 50 in the performance of the legal practitioner’s duties as counsel to the ACC.

produce includes permit access to, and production has a corresponding meaning.

relevant Act means:

this Act; or

a law of a State under which the ACC performs a duty or function, or exercises a power, in accordance with section 55A; or

(c) the National Anti-Corruption Commission Act 2022 or regulations under that Act; or

(d) the Parliamentary Joint Committee on Law Enforcement Act 2010 or regulations under that Act; or

(e) the Inspector-General of Intelligence and Security Act 1986, or any other Act, or instrument made under an Act, that confers functions, duties or powers on the Inspector-General of Intelligence and Security.

a decision about whether to issue a firearms licence or otherwise relating to the issue of such a licence (including in relation to conditions);

a decision about whether to renew, revoke, vary or suspend a licence mentioned in paragraph (a).

access by a person to any information or place, access to which is controlled or limited under:

(i) the Aviation Transport Security Act 2004 or regulations under that Act; or

(ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act; or

an Act prescribed by the regulations for the purposes of this subparagraph, or a legislative instrument under that Act; or

a person’s ability to perform an activity in relation to, or involving, a thing (other than information or a place), if that ability is controlled or limited under:

(i) the Aviation Transport Security Act 2004 or regulations under that Act; or

(ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act; or

an Act prescribed by the regulations for the purposes of this subparagraph, or a legislative instrument under that Act.

2 or more offenders; and

substantial planning or organisation; and

the use of sophisticated methods and techniques.

against a law of the Commonwealth; or

against a law of a Territory; or

against a law of a State that has a federal aspect;

that is:

punishable by imprisonment for a period of 2 years or more; or

prescribed by the regulations for the purposes of this paragraph.

firearms background checks; or

background checks required or permitted by any of the following:

(i) the Aviation Transport Security Act 2004 or regulations under that Act;

(ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act;

an Act prescribed by the regulations for the purposes of subparagraph 54A(2)(a)(iii) or (b)(iii), or a legislative instrument under that Act.

the matters that must be taken into account;

the manner in which those matters must be taken into account;

the matters that must not be taken into account.

make a criminal intelligence assessment at any time for purposes related to a background check that:

is being undertaken; or

has previously been undertaken; and

make more than one criminal intelligence assessment for purposes related to the same background check.

Certain criminal intelligence assessments that are not adverse