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

I thank Senator Brandis for his question. As he has pointed out, in October Random House Australia released the personal memoir of David Hicks, Guantanamo: My Journey. The Attorney-General is aware of the comments made by the shadow Attorney-General, Senator Brandis, that Mr Hicks is in breach of his pre-trial agreement. Senator Brandis should of course know better than to advocate that the Attorney-General pre-empt the outcome of an independent investigation by law enforcement agencies. Senator Brandis would be aware from reports that that is a matter that is currently being investigated by law enforcement agencies.

The Australian Federal Police is making further inquiries to enable it to determine whether and what action is to be taken in relation to this matter. A decision to commence literary proceeds action under the Proceeds of Crime Act 2002 is at the discretion of the Commonwealth Director of Public Prosecutions following an investigation by the Australian Federal Police, as Senator Brandis would well know. On that basis, it is not appropriate to comment on the likelihood of future legal proceedings.

On the part of the question in relation to the pre-trial agreement, the Attorney-General is of course aware of the pre-trial agreement between Mr Hicks and the United States. One of the clauses in the pre-trial agreement dealt, as I think Senator Brandis has pointed out, with any profits Mr Hicks received in connection with any publication of information relating to this illegal conduct. It is envisaged that the enforcement of this provision—(Time expired)