David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

I remain indebted to my departmental officials. I can say to Senator Nettle that section 126 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 provides that the Australian Transaction Reports and Analysis Centre’s CEO may authorise specified officials or classes of officials of a specified designated agency to have access to AUSTRAC information for the purpose of performing the agency’s functions and exercising the agency’s powers. This is in line with the point I was endeavouring, albeit unsuccessfully, to make, with respect.

The AUSTRAC CEO must exercise this discretion for the purposes of the legislation and must exercise his discretion competently and without negligence by reference to the normal rules of lawful decision making. Section 126(3) provides that the AUSTRAC CEO may only authorise access for specified state and territory designated agencies if the officials of the designated agencies comply with the information privacy principles set out in section 14 of the Privacy Act. It is a criminal offence under section 127(2) of the act for an official from a designated agency to disclose AUSTRAC information unless the disclosure is in connection with the performance of the official’s duties or the disclosure is authorised by, or in connection with, communicating AUSTRAC information for official purposes.

That is an onshore example, but the same applies with respect to ASIO. It has to be a matter that falls within the agency’s function and the exercising of the agency’s powers. So there has to be that nexus between money in, money out or money movement with the function and power of ASIS in a particular country before it would be a legitimate piece of information going to ASIS. I think that is clear. I think that is a logical evaluation of the legislative framework.