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

Before moving this motion I wish to inform the chamber that Senator Ludlam's name has been added to the motion. I move:

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 15 May 2014:

The current investigative processes and powers of the Australian Federal Police in relation to non-criminal matters, with particular reference to:

(a) thresholds, including evidentiary thresholds, relating to the obtaining of production orders and search warrants, and in particular whether these reflect the rules applicable to civil litigation discovery rather than coercive search;

(b) procedures preparatory to seeking production orders and search warrants, including taking into account the conduct of the recipient of such orders;

(c) procedures for executing search warrants;

(d) safeguards relating to the curtailment of freedom of speech, particularly in relation to literary proceeds matters;

(e) safeguards for ensuring the protection of confidential information, including journalists' sources, obtained under search warrants, and particularly where that information does not relate to the search warrant;

(f) the powers available to the Australian Federal Police to intercept telecommunications in circumstances where the matter being investigated does not involve criminal conduct;

(g) the priorities of the Serious and Organised Crime Division, and the circumstances under which they should appropriately be deployed in relation to non-criminal matters; and

(h) any related matters.

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

Mr Deputy President, I seek leave to make a short statement.

John Hogg (President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Mitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | Link to 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.