Mitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | Hansard source

Thank you, Mr President. The government opposes this motion. Both internal AFP governance documents and independent judicial oversight ensure appropriate thresholds are met and issues such as privacy and cooperation are considered prior to the issuing of either warrants or production orders. Both production orders and search warrants under the Proceeds of Crime Act 2002 are issued by order of a magistrate. For search warrants the magistrate must be satisfied by information on oath that there are reasonable grounds to suspect that evidential material or tainted property will be on the premises within the next 72 hours.

Internal AFP governance instruments provide guidance to the investigators in determining the appropriate stage to seek a search warrant. Matters relating to the Seven West warrant and production orders are currently before the courts and it is appropriate to let that litigation run its course before considering referral. Similarly, the actions of some AFP officers are the subject of internal and ACLEI investigations and those should be allowed to run their course.

Question agreed to.