Notice to attend a coercive hearing at the Australian Criminal Intelligence Commission
The Australian Criminal Intelligence Commission (ACIC), formerly the Australian Crime Commission (ACC), may issue a notice to attend a coercive hearing under the Australian Crime Commission Act 2002 (Cth).
Receiving a notice to attend a coercive hearing is confronting. These hearings carry serious legal risks, including imprisonment for non-compliance, and should never be approached without legal advice.
At Ashworth Lawyers, we regularly advise clients who have been summonsed to coercive hearings in Brisbane. Early legal representation is essential to protect your rights and limit exposure to potential criminal consequences.
When may the ACIC call a coercive hearing?
The ACIC can issue a notice to attend a coercive hearing when investigating serious and organised crime. This may include:
Large-scale drug trafficking or importation
Money laundering and financial crime
Human trafficking or slavery offences
Firearms, cybercrime, or corruption connected to organised groups
These hearings allow the ACIC to obtain information that ordinary police powers cannot compel. Refusing to cooperate or ignoring a notice can have immediate and severe consequences.
What is the difference between the ACIC and the CCC ACC differs from the CCC
It is important to distinguish between the Australian Crime Commission (ACC) and the Crime and Corruption Commission (CCC) in Queensland.
ACIC – operates at a national level, focusing on serious and organised crime. It has coercive powers under the Australian Crime Commission Act 2002 (Cth) to compel people to attend hearings and answer questions.
CCC – operates at a state level and primarily investigates corruption, major crime, and misconduct within Queensland public sectors.
While both commissions can hold coercive hearings, an ACIC notice usually relates to offences with interstate or international elements, such as trafficking in a border-controlled drug.
What happens if I do not go to an ACIC hearing?
If you fail to attend a coercive hearing or refuse to answer questions without lawful excuse, you can be charged with an offence under the Australian Crime Commission Act 2002 (Cth).
Penalties can include imprisonment, even for a first breach. The law takes these obligations seriously because coercive powers are designed to assist national security and law enforcement operations.
What happens at a coercive control hearing?
A coercive hearing is not a public court proceeding. It is a closed, confidential examination conducted before an ACC examiner.
You will be compelled to give evidence and answer questions, even if your answers may incriminate you. The examiner can also compel you to produce documents, records, or electronic data relevant to the investigation.
What should I do if I have received a notice to go to the ACIC?
1. Seek legal advice right away
Early advice from an experienced criminal defence lawyer is critical. A lawyer can explain your obligations, the scope of the hearing, and the potential consequences of your evidence.
2. Understand your legal obligations
You may be legally required to attend and answer questions truthfully. If so, then failure to do so may lead to contempt or imprisonment. Seek legal advice immediately.
3. Prepare with your lawyer
Read the notice carefully. Note the time, date, and place of the hearing, the categories of questions or issues mentioned, and any materials requested. Your lawyer can liaise with the Commission to clarify unclear areas and advise you on how to respond.
4. Protect your legal rights
While you must answer questions, you may be able to claim certain legal privileges, for example, the privilege against self-incrimination. When this privilege is properly claimed, your answers cannot usually be used against you in later criminal or confiscation proceedings, although they may still assist investigators indirectly.
Our Brisbane criminal lawyers will explain the limits of these protections and identify areas of risk unique to your situation.
5. Maintain confidentiality
Coercive hearings are conducted in strict secrecy. It is an offence to discuss the existence of the notice or the contents of the hearing with anyone other than your criminal lawyer. Breaching confidentiality can result in criminal prosecution.
Do I need a lawyer for the ACIC?
Legal advice before and during a coercive hearing can:
Ensure you comply with the law while protecting your rights
Prevent unintentional self-incrimination
Help you understand the limits of the examiner’s powers
Manage potential exposure to related state or federal investigations
Our best criminal defence lawyers Brisbane have advised clients for hearings before the ACIC and CCC. We prepare clients thoroughly, attend hearings, and advise on post-hearing risks such as referral of information to police or regulatory bodies.
Choosing the best criminal defence lawyer in Brisbane
Our criminal defence lawyers are available for a confidential discussion about your case. No booking required.
📞 Speak to our leading Brisbane Criminal Lawyers on (07) 3012 6531 for a confidential discussion about your case. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.
Last updated November 2025