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

The answer is that both have to be satisfied. In carrying out its obligations under its own legislation, the requesting agency—in this example, ASIS—also has to be satisfied. I believe that in seeking the information the CEO or the senior official has to certify that it is acting in furtherance of its powers. Each of those officers from the requesting agency is himself bound to ensure that the information is properly used by them in the performance of the functions of that agency. So there is a duality of responsibility here. The requesting agency has to ensure that the information is relevant to its functions and powers, and obviously that would convert to a current investigation. The providing CEO of AUSTRAC has to be satisfied that that information is such that it triggers, as we say, section 126(3) of the act where he may only authorise access for specified state, territory or designated agencies. So each of the officials in the interaction that Senator Nettle has discussed has to be satisfied that they are acting within their powers.