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

The information must fall within—we have heard the word ‘remit’ used by the learned opposition spokesperson; I would use the word ‘jurisdiction’—the jurisdiction of ASIS. In order for it to fall within the jurisdiction of ASIS, you need to understand the objects, powers and duties of ASIS, as described in its enacting and enabling legislation. If there were a foreign element that would trigger those thresholds in a Sydney-Melbourne piece of information, that piece of information would lawfully fit within the remit or jurisdiction of ASIS. Subject to what my learned friend on the other side has said with respect to section 133A, AUSTRAC would then appropriately be able to provide information to a foreign intelligence agency and then authorise it as an authorised communication to such agency from AUSTRAC via ASIS.

I think it is very clear that there is a clear legislative framework here that has as its basic motivation plain old common sense. We would not wish to provide information or to burden an intelligence service with information unless it was relevant to the functions and powers of that service, as described in its enabling legislation.