The Australian Criminal Intelligence Commission (ACIC) is the nation’s central criminal intelligence agency, dedicated to protecting Australia from serious and organised crime. Established on 1 July 2016 following the merger of the Australian Crime Commission (ACC) and CrimTrac, the ACIC provides unique, actionable, and intelligence-driven insights that support law enforcement agencies across the country.
What Does the ACIC Do?
The ACIC plays a key national role in identifying, analysing, and disrupting organised crime. It collects and shares intelligence through advanced technology and collaboration with police and intelligence partners nationwide. Its major areas of focus include:
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Drug trafficking
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Corruption
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Money laundering
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Fraud and cybercrime
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Firearms trafficking
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Child exploitation and human trafficking
The ACIC’s intelligence capabilities also extend to transnational criminal networks, working with international partners to prevent crime that threatens Australia’s economy, borders, and community safety.
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Investigative and Coercive Powers
Under federal law, the ACIC holds exceptional powers similar to those of a Royal Commission. When authorised by its Board, the Commission may conduct “special operations” and “special investigations” to gather evidence and compel cooperation.
These powers allow the ACIC to:
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Apply for and execute search warrants
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Use surveillance and telecommunications interception devices
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Operate under assumed identities
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Summon individuals to appear for examination and give evidence under oath
Failing to comply with an ACIC summons can result in fines or imprisonment under Australian law. Examinations are conducted privately, and individuals compelled to give evidence are legally protected in most circumstances from having that evidence used against them in future criminal proceedings.
Privacy and Data Handling
The ACIC is exempt from the operation of the Privacy Act 1988 (Cth). 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 when doing so is necessary to prevent, detect, or prosecute serious criminal offences.
Despite this exemption, the ACIC asserts that privacy and data security remain central to its governance framework, particularly regarding its Nationally Coordinated Criminal History Check (NCCHC) services used by businesses and individuals across Australia.
Oversight and Recent Reform
The ACIC operates under the Attorney-General’s portfolio and is overseen by a Board comprising the heads of state, territory, and federal law enforcement and intelligence bodies. However, given its considerable powers, the agency remains under regular parliamentary scrutiny.
An independent government review published in late 2024 recommended legislative reforms to clarify the ACIC’s role as a national intelligence agency rather than a direct investigative body. The government agreed in principle with most recommendations, signalling a transition toward a model more focused on intelligence collection than police-style enforcement.
Why This Matters
Understanding the ACIC is essential for anyone involved in criminal proceedings or investigations involving organised or transnational crime. If you have been contacted or summoned by the ACIC to provide evidence or documentation, professional legal advice is crucial.
Failing to comply can lead to significant criminal penalties, but knowing your rights, including legal representation and procedural protections, can ensure fair and lawful treatment.
How O’Brien Criminal & Civil Solicitors Can Help
O’Brien Criminal & Civil Solicitors are experienced in representing individuals and organisations appearing before federal investigative agencies such as the ACIC. Our Sydney-based team advises clients on compliance, coercive powers, summons procedures, and privacy implications.
If you have received an ACIC summons or require advice regarding your rights and obligations, contact us today on (02) 9261 4281 or for a free initial consultation.
