If the Australian Criminal Intelligence Commission (ACIC) has been in touch, or you’ve been served with a summons to attend an examination, it is natural to be nervous. The ACIC is not a police force, but it holds compulsory powers that can affect you directly. Whether you are a witness, a person of interest, or a business asked to hand over information, it may apply to you.
This guide explains what the ACIC is, the powers it can use, the penalties for non-compliance, and what to do if you have been contacted or summoned. It is written for anyone facing an ACIC examination or information request, and for the people around them trying to understand what is happening.
At a glance
- What it is: Australia’s national criminal intelligence agency, not a police force with everyday arrest powers.
- Its coercive powers: compelling documents, doing examinations, and summoning witnesses to give evidence under oath.
- Non-compliance penalty: up to 5 years’ imprisonment and/or 200 penalty units for failing to attend or to answer at an examination.
- The one thing to do now: get legal advice before you respond to any ACIC contact, summons, or request for documents.
What is the ACIC?
The ACIC is the nation’s central criminal intelligence agency, dedicated to protecting Australia from serious and organised crime. It was established on 1 July 2016 following the merger of the Australian Crime Commission (ACC), the Australian Institute of Criminology (AIC) and the CrimTrac Agency. It provides unique, actionable, intelligence-driven insights that support law enforcement agencies across the country.
What does the ACIC Do?
The ACIC’s core role is collecting, analysing, assessing and communicating intelligence relating to serious and organised crime affecting Australia.
It also runs the systems and services that let criminal intelligence and policing information move across state, territory and federal lines, including the Nationally Coordinated Criminal History Check service.
ACIC’s major areas of focus include:
- Drug trafficking
- Corruption
- Money laundering
- Fraud and cybercrime
- Firearms trafficking
- Child exploitation and human trafficking
The ACIC’s intelligence work also extends to transnational criminal networks, working with international partners on crime. Basically, it looks out for anything that threatens Australia’s economy, borders and community safety.
What Investigative and Coercive Powers Does the ACIC Have?
Under federal law, the ACIC holds exceptional powers similar to those of a Royal Commission. When authorised, the ACIC can conduct special ACIC investigations and special ACIC operations to gather intelligence and compel cooperation. It can do so even where no charges have yet been laid.
These powers allow the ACIC to:
- Require information and documents from government agencies.
- Obtain and execute search warrants.
- Conduct examinations, similar to a hearing, either before or after a person has been charged.
- Summon witnesses to attend examinations, produce materials, and give evidence under oath.
What Happens If I Don’t Comply?
Failing to attend an ACIC examination is serious. Not answering the summons is an offence under section 30(1) of the Australian Crime Commission Act 1989 (Cth), carrying a maximum penalty of 5 years’ imprisonment and/or 200 Commonwealth penalty units. Refusing to answer questions or produce materials once you have appeared is a separate offence under section 30(2).
Examinations are conducted privately. Someone compelled to give evidence is generally protected from having that evidence used against them in later criminal proceedings. However, this protection is subject to statutory exceptions, so don’t assume it covers every situation.
Privacy and Data Handling
The ACIC is exempt from the operation of the Privacy Act 1988 (Cth) in relation to its core intelligence and law enforcement functions. This exemption allows it to lawfully handle, store and disseminate sensitive intelligence and personal data necessary for criminal investigations.
Other agencies may also share information with the ACIC where doing so is necessary to prevent, detect or prosecute serious criminal offences.
Despite the exemption, the ACIC maintains that privacy and data security remain central to its governance framework, particularly around the criminal history check services it provides to businesses and individuals across Australia.
Oversight and Recent Reform
The ACIC operates under the Home Affairs portfolio and is overseen by a Board comprising the heads of state, territory and federal law enforcement and intelligence bodies. Given the scale of its powers, the agency remains under regular parliamentary scrutiny.
An independent review of the ACIC published in 2024 recommended legislative reforms to clarify the ACIC’s role as Australia’s national criminal intelligence agency. The government has agreed in principle with most recommendations, and the Australian Criminal Intelligence Commission Bill 2026 implements that response, establishing a new Act to govern the ACIC.
Anyone currently dealing with the ACIC should get advice on how these reforms may affect an investigation.
Your Rights & What You Can Do Now
If you have been contacted or summoned by the ACIC to attend an examination, provide information, or produce documents, professional legal advice is crucial before you respond.
Failing to comply can lead to significant criminal penalties, but knowing your rights, including your right to legal representation and the procedural protections that apply to an examination, can help ensure you are treated fairly and lawfully.
Practical steps if you’ve been contacted:
- Read the summons or notice carefully and note every deadline before you do anything else.
- Do not ignore it: failing to attend or to comply carries its own criminal penalty, separate from whatever the ACIC is investigating.
- Get legal advice before you respond, even if you believe you have done nothing wrong and simply want to cooperate.
- Keep your own copy of everything you are asked to produce, and a record of every contact with the ACIC.
- Ask about legal representation at the examination – you are entitled to be legally represented, and a lawyer can advise you in real time on what you are and are not required to answer.
How an ACIC Lawyer Can Help Your Case
A lawyer’s role with an ACIC matter is largely about protecting your position before, during and after an examination or information request.
- Advising on the scope of a summons or notice, so you understand exactly what you are legally required to produce or answer.
- Explaining the coercive powers in play, including the difference between a special ACIC investigation, a special ACIC operation, and an ordinary examination.
- Preparing you for an examination, including how self-incrimination protections operate and where the statutory exceptions to those protections.
- Attending the examination with you as your legal representative, and raising objections to questions or requests that go beyond what the summons authorises.
- Advising on next steps if the examination leads to a referral for prosecution, or if you need to challenge the validity of a summons or notice.
This is general legal information, not a substitute for advice tailored to your circumstances, and it does not guarantee any particular outcome from an examination or investigation.
Frequently Asked Questions
Is the ACIC the same as the police?
No. The ACIC is a national criminal intelligence agency, not a police force. It does not make arrests in the way police do, but its Board-authorised investigations and operations carry compulsory powers, including examinations and summonses, that police do not ordinarily have.
Can I refuse to answer a question at an ACIC examination?
Refusing or failing to answer a question, or to produce required materials, once you have appeared at an examination is an offence under section 30(2) of the Australian Crime Commission Act 1989 (Cth). There are narrow, specific circumstances where an objection can properly be raised, which is why legal advice before and during the examination matters.
Can I bring a lawyer to an ACIC examination?
Yes. You are entitled to legal representation at an examination, and your lawyer can advise you during the process and raise objections on your behalf where a question or request goes beyond what the summons authorises.
Will anything I say at an examination be used against me later?
Evidence you are compelled to give is generally protected from being used against you in later criminal proceedings, but this protection is subject to statutory exceptions. Get advice specific to your situation before assuming any protection applies.
What is a Nationally Coordinated Criminal History Check, and is that the same as an ACIC investigation?
No. A Nationally Coordinated Criminal History Check is a police-check service the ACIC coordinates for employers and individuals, separate from its investigative and coercive powers. Being asked for this kind of check is not the same as being summoned to an ACIC examination.
How O’Brien Criminal & Civil Solicitors Can Help
O’Brien Criminal & Civil Solicitors are experienced in representing individuals and organisations dealing with federal investigative agencies such as the ACIC, including our team’s work on criminal law matters more broadly.
Our Sydney-based team advises clients on compliance, coercive powers, summons procedures and privacy implications, and can attend an examination with you as your legal representative.
Request initial advice (no-obligation) via the form below or call us on (02) 9261 4281.
