David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

I am obliged to the departmental officers who have provided me with two basic explanations for that. As an intelligence service, ASIS is controlled by the Intelligence Services Act 2001—and I am sure Senator Nettle is well aware of the provisions as to how that intelligence service conducts its operations, as to how the privacy of Australians is protected and as to how it uses the information that it obtains in the nature of doing its business. The second aspect is that the Intelligence Services Act also controls and prescribes obligations on the agencies with whom ASIS does business. Under section 13, the approval of the foreign affairs minister is required before ASIS can cooperate with authorities of other countries—you will have to forgive me; my knowledge of that act is not as good as it should be. It seems to me it is very unlikely that the foreign minister is going to empower ASIS to hand information over in circumstances where there is likely to be some abuse. Again, I would be interested to hear some examples. I think your defence example, with respect, is not entirely relevant to information or intelligence relating to the movement of moneys.