Joe Ludwig (Queensland, Australian Labor Party, Manager of Opposition Business in the Senate) Share this | Link to this | Hansard source

My question is to Senator Ellison, Minister for Justice and Customs. Can the minister confirm his answer to my question on notice of 21 November 2005 that AUSTRAC was not aware of any suspicious transactions involving the Australian Wheat Board and that the agency had received no request to investigate all international transactions involving AWB? Given that AWB was making large payments directly to a Jordanian trucking company linked to Saddam Hussein, why weren’t these payments picked up by AUSTRAC? Can the minister indicate whether he has now demanded that AUSTRAC undertake a full search of all its records on the Australian Wheat Board? If so, what have been the results of that search? If not, why not?

Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Link to this | Hansard source

As Senator Ludwig would know, AUSTRAC only looks at payments made within Australia and payments coming into Australia and out of Australia. If a payment is made overseas, AUSTRAC does not have the jurisdiction to bring that under its scrutiny. If Senator Ludwig is asking why AUSTRAC did not have those payments under its purview, that is the answer to that.

In relation to whether there has been any investigation of this matter, there is an inquiry, as Senator Minchin has pointed out, which is ongoing and it is inappropriate to comment on that. That is an inquiry to which I think all should pay respect and acknowledge that it is due process which is ongoing. I am not going to pre-empt its outcome in any way. In relation to the Cole inquiry, I respect that process, and we will be watching very closely the recommendations which come from that inquiry.

Joe Ludwig (Queensland, Australian Labor Party, Manager of Opposition Business in the Senate) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. The minister has avoided answering the question. Can the minister say, and give an absolute guarantee, that he has checked with AUSTRAC and that he has checked whether or not any payments have been made in or out of this country by AWB or affiliated companies? Or is it the case that that just demonstrates another complete and utter failing by this government in checking its records and that it is playing the old blind trick again? Isn’t AUSTRAC, as the minister knows, supposed to be one of Australia’s prime mechanisms in the fight against both money laundering and terrorist financing and shouldn’t it at least be consulted or checked?

Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Link to this | Hansard source

The government has taken note of a request from Mr Cole, who is conducting this inquiry, in relation to the terms of reference. If there is any request from Mr Cole in relation to the terms of reference and assistance that is required then the government will consider that, but it is not up to me or any other minister to pre-empt this inquiry by conducting an investigation which is the subject of inquiry by Mr Cole. As I say, for the record, he has requested a variation to the terms of reference, and that has been done in accordance with a specific request made by Mr Cole. If Mr Cole wants further assistance that we are able to provide in any way then we will provide it.