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

I am very respectful of the learned senator’s concerns; I do not share them. I did mention to the senator sections 133 and 133A and set out the safeguards. I want to add that to the list of safeguards I have mentioned this morning. I have previously outlined the process by which access to AUSTRAC information by designated agencies under section 126 of the Anti-Money Laundering and Counter-Terrorism Financing Act occurs. In summary, the terms under which ASIS or, for that matter, any other designated agency can access information will be governed by a memorandum of understanding between AUSTRAC and the designated agency.

The particular MOU between AUSTRAC and ASIS will regulate the process by which information is requested. So not only do the CEOs of each agency have a statutory obligation to review and to satisfy themselves that they are within power; the MOU will specifically direct what threshold issues must be addressed prior to the information passing, the overarching principles being those set out in section 126—namely, that AUSTRAC information can only be used for the purposes of the agency’s function. That is a matter that I have already mentioned. The MOU between ASIS and AUSTRAC will be negotiated. In the broad matrix of all of the issues, I am respectful of the senator’s concerns but I do not share them.