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

Until I just now heard Senator Ludwig, I was of the opinion that he had a thorough and deep grasp of what AUSTRAC was doing with the information. The exchange of financial intelligence is designed to enable effective action to be taken to prevent the commission of an offence. The post facto AWB analysis is in the margin, irrelevant and takes the argument in the wrong direction. This legislation is about information being gathered and used to prevent the commission of a crime, not to run around and be an evidence base to be called on and given in court. The forensic use of this information is precisely what it is not for.

In all of the debate that has gone on on this, the misconception keeps bubbling to the top. Let me be the first to stand on it now: this is an intelligence-gathering and crime prevention mechanism. It is not something where you call witnesses from AUSTRAC who gather information, bring their hard copy information to court, are sworn and give evidence. That is not what they do. The primary function is to prevent the commission of money-laundering offences and the financing of terrorism. The enforcement, the evidence gathering and the case are for later. Your comments with respect to Volcker, as interesting and politically topical as they may be, are totally irrelevant to this debate.