Nick McKim (Tasmania, Australian Greens) Share this | Hansard source

I thank the Attorney and appreciate him placing those matters on the record. In the circumstance that we are discussing here—the application of section 33AA—you have said that the minister would need to acquire subjective knowledge and that that would in reality mean the words that you have just placed on the record. I am trying to think through the ways that a minister can be advised of matters. As you know, I have had the honour to act as a minister in the Tasmanian government for just over 3½ years, though obviously not as the Attorney-General, so I have some experience in these matters.

I will phrase the question like this, Attorney: are you able to offer any further clarity around the ways in which the minister may be able to acquire that subjective knowledge and meet the test that you have just placed on the record in the specific circumstances of section 33A? As a supplementary, I presume the minister may receive advice from one of Australia's security agencies or perhaps Defence agencies that the conduct occurred. Could you, if you are able, explain whether that advice would normally come up through the department or would be provided directly to the minister by the security agency or the ADF?