Senate debates

Thursday, 22 March 2007

Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2007

In Committee

11:35 am

Photo of Andrew MurrayAndrew Murray (WA, Australian Democrats) Share this | Hansard source

As I understand the questions from the shadow minister, he is of the view that the legislation, to use an example, would prohibit the provision of information to the Volcker inquiry—let us assume that it is current and not historical. That is what he assumes. My assumption from your responses, and from my understanding of the legislation, is that the Chief Executive Officer of AUSTRAC—if, for instance, asked by the United States government to provide information which was in turn to go to Mr Volcker—could make that determination. Or, to use another example, if the British government wanted information which was to be transferred to Interpol for a different operation, the Chief Executive Officer of AUSTRAC could make that determination. Or, internally and domestically, if the intention was that Project Wickenby needed information he could make a determination to pass on that information. That is my understanding. Although the legislation is explicit with respect to foreign governments and in terms of certain designated agencies it does not prohibit multilateral transfers of information in appropriate circumstances as determined by the Chief Executive Officer of AUSTRAC. That is my understanding. Unless you are going to say I am wrong I therefore would assume the legislation is as open-ended as it needs to be.

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