Australian Criminal Intelligence Commission

The Australian Criminal Intelligence Commission (ACIC) is Australia’s national criminal intelligence agency. It was formed when the Australian Crime Commission and CrimTrac merged to form a new agency in July 2016. ACIC investigates serious and organised crime in Australia and provides intelligence to state, territory and national law enforcement agencies. 

Do I Have To Attend?

Any person who receives a summons from the Australian Criminal Intelligence Commission must attend to give evidence. If the person does not attend in response to a summons, a warrant for their arrest may be issued under Section 31 of the Australian Crime Commission Act 2002.

What Will Happen at the Hearing?

A Commission is set up similarly to a court room and the person summoned before the Commission will be required to give evidence from a witness box. A Commissioner will preside over the hearing, and Counsel Assisting the Commissioner will typically do the questioning. The person being examined can have a lawyer appearing on their behalf, however they will still need to answer questions themselves. 

The person will be asked to give evidence. They are required to take an oath or affirmation to tell the truth. They must answer all questions asked of them and/or provide any documents the summons has required them to produce. Failure to do so may result in a finding of contempt of the Australian Criminal Intelligence Commission. A person can be charged if they give false or misleading evidence then under Section 33 of the Act, The maximum penalty is 200 penalty units and/or five years imprisonment.

In some cases, the person (or a lawyer appearing on their behalf) can object to answering certain questions. However, this will depend on the Commission and the question asked. 

No Right to Silence or Right Against Self Incrimination

When appearing at a hearing a person cannot exercise a right to silence or object to giving evidence on the basis of self-incrimination. However, any evidence given to the Commission cannot be used against them in a related criminal proceeding, proceeding for the imposition or recovery of a penalty or a confiscation proceeding (unless the evidence they give is false or misleading). 

This does not prevent the person from having to answer the questions nor does it prevent any criminal prosecution for the underlying conduct. It does however prevent the evidence given at the hearing from being used against them in a criminal prosecution.

That being said, law enforcement agencies may still seek to use a person’s answers to investigate and gather other evidence to use against them in a prosecution. It is possible that an objection to such evidence could be raised and argued in the criminal prosecution (on the basis it arose or was obtained only because of evidence given in a Commission), but such would depend on the specific circumstances of the case.

Do I Need A Lawyer?

Legal representation is not compulsory but is strongly recommended. This is because the answers a person may give or the investigation itself may result in criminal prosecution, applications for asset freezing or forfeiture or other adverse outcomes. Generally speaking, Commissions are tasked with investigating very serious crime and corruption. This makes legal representation all the more important.  

A lawyer can also attend the compulsory examination with the person to provide them legal guidance and support throughout the day. They can also make objections during the hearing. Objections may include questions beyond the scope or not relevant to the investigation, oppressive or confusing questioning, questions about something not in the knowledge of the person being examined or unfair questions.

An experienced lawyer will raise objections when needed and represent their clients best interests in navigating any procedural or legal issues that may arise. They will ensure the person’s interests are protected. 

Non-Disclosure Of Evidence

At the end of an examination, there are normally orders that no information provided in the examination is to be published, shared or told to another person. If a person shares or publishes information they have provided they could be convicted of an offence under Section 29B of the Act and be liable to 120 penalty units and/or imprisonment for two years. This includes sharing information about the mere existence of the hearing or what was being investigated.

The Australian Criminal Intelligence Commission only investigates. It does not prosecute. It may however refer a matter to either the Attorney General, the Director of Public Prosecutions and/or the police for prosecution. Since there are no judicial findings, there is no appeal process available to the examination.

If you require any information about commissions or any other legal matter, please contact Armstrong Legal.