Nick Xenophon (SA, Independent) Share this | Hansard source

I understand the Attorney's propriety, and I respect that, but the Attorney still has the ability to consent or not to consent to a prosecution. He is, in a sense, the final safeguard or arbiter in these matters. After getting advice from the Commonwealth DPP, I have a very deep concern that the fact that the Attorney cannot rule it out means that this piece of legislation could extend to Mr Collaery or Witness K, who I understand is a former senior ASIS officer—and I do not know who that person is; in fact, I never want to know who that person is—who has made serious allegations about the conduct of ASIS in terms of the bugging of the East Timor cabinet room during very sensitive negotiations. It is, I think, one of the biggest spy scandals in this country in a generation.

I am concerned that somehow these two men, Mr Collaery and Witness K, could be caught up in this legislation and at least one of them could face the stripping of their Australian citizenship. I do not think that is what the legislation was intended for. That is not what the former Prime Minister said or what the Immigration Minister has said. I think it is very important that we have on the record that Mr Collaery and Witness K may well be in the firing line with this legislation.