George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

No, because in those circumstances the provisions of section 35P(3) would apply which exempts from liability disclosure:

(a) in connection with the administration or execution of this Division—

that is, this division of the ASIO Act—

(b) for the purposes of any legal proceedings arising out of or otherwise related to this Division or of any report of any such proceedings; or

(c) in accordance with any requirement imposed by law; or—

(d) in connection with the performance of functions or duties, orthe exercise of powers, of the Organisation.

If, for example, the director-general were to make a decision to disclose a matter then, given the powers and discretions conferred on the director-general by the ASIO Act, it is very difficult to see how that would not be an act done in connection with the performance of a function or duty or the exercise of power vested in him by the ASIO Act.