Marise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Hansard source

I thank Senator Patrick for some advance advice of his question. While obviously I cannot—and will not—disclose national security information, what I can say in response to Senator Patrick's question is that the NSI Act provides a framework for how national information is disclosed and protected in legal proceedings. It seeks to balance the need to protect national security information with the principle of open justice. Importantly, what protections are put in place are ultimately a matter for the court.

With respect to the senator's specific question, I can advise that the Commonwealth made an application to the court seeking early access to any documents produced by Woodside Petroleum in response to the subpoena dated 2 March 2020. The subpoena called for Woodside to produce documents relating to its dealing with the Commonwealth in relation to negotiations between Australia and Timor-Leste in respect of revenue-sharing arrangements under the CMATS Treaty. Given the nature of the information sought by the subpoena, documents produced by Woodside might have included national security information, the definition of which can include international relations, which in turn includes economic relations with foreign governments.

It was appropriate for the Attorney-General to have an opportunity to consider whether to issue a certificate under the act or whether any other form of application or claim ought to be made in relation to any documents produced by Woodside. This was a precautionary approach. It's not uncommon where documents might reveal interaction with the Commonwealth. The application was allowed by the court. Ultimately I would note to the chamber and to Senator Patrick that the Commonwealth did not seek any protection orders and the documents were provided to the parties.