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

The reason that I read out the section, for the benefit of the Senate, was to indicate that there is a responsibility upon the CEO. He may make a determination. We have subsections (1)(a) and (b). Subsection (1)(b) enables the CEO to make an independent determination appropriate in all the circumstances of the case to communicate the information to the government of the foreign country. Guided, as he would be, by the provisions of (a), he may do that. He may make the discretionary decision that he wants the information to go through the channel as you have described. Now, the consideration would obviously be the national interest. The government takes the view that that is appropriate.