Thursday, 26 March 2015
Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015; In Committee
We would not have given Mr Gyles this reference if we did not have an open mind and were not prepared to consider his recommendations. So of course we will consider Mr Gyles's recommendations when we receive them. I mentioned two, but as Senator Collins has, rightly, reminded me, there are actually three oversight mechanisms that we have introduced post the debate: firstly, my direction under the Commonwealth DPP Act to the Director of Public Prosecutions that a prosecution of a journalist under section 35P could be engaged only with the Attorney-General's consent; secondly, the Commonwealth DPP's own guidelines, which further limit and add additional elements to the exercise of his prosecutorial discretion in a case like that; and, thirdly, the review of this provision which the Prime Minister and I referred to Mr Roger Gyles so that he could bring an independent mind to bear on the issues—in good faith, obviously—that you and other colleagues have raised.