Andrew Bragg (NSW, Liberal Party) Share this | Link to this | Hansard source

I move general business notices of motion Nos 290 and 291 together:

GENERAL BUSINESS NOTICE OF MOTION NO. 290

That the Senate—

(a) notes that:

(i) question on notice ASIC-017, lodged by Senator Bragg as part of the Economics References Committee inquiry into Australian Securities and Investments Commission (ASIC) investigation and enforcement, sought a copy of the letter that the ASIC accountable authority wrote to the Treasurer in early 2021 which sets out a significant event in relation to the Deputy Chair of ASIC,

(ii) only a heavily redacted version of the letter has been provided to the committee, and

(iii) ASIC, in its response to the committee, dated 28 June 2023, and published by the committee on its website, made a claim of public interest immunity, citing the reasons given by the Government in a related public interest immunity claim made on 9 March 2023;

(b) rejects the public interest immunity claim made by ASIC on 28 June 2023, noting that:

(i) claims that information has been collected on the condition that it would be treated as confidential, and therefore cannot be disclosed, is not in itself a ground for a public interest immunity claim,

(ii) it must be established that some harm may occur because of the disclosure of the information sought by the question, and

(iii) any specific harm could be overcome by disclosing information in general terms without the identity of those to whom it relates; and

(c) orders that there be laid on the table by the Minister representing the Treasurer, by no later than 5 pm on Thursday, 10 August 2023, the unredacted letter the ASIC accountable authority wrote to the Treasurer on 13 April 2021 which sets out a significant event in relation to the Deputy Chair of ASIC.

GENERAL BUSINESS NOTICE OF MOTION NO. 291

That there be laid on the table by the Minister representing the Treasurer, by no later than 5 pm on Thursday, 10 August 2023, the summary produced by the Treasury that was used to brief the Treasurer's office in relation to the Seyfarth Shaw LLP findings following the investigation into the conduct of an Australian Securities and Investments Commission Deputy Chair.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Sue Lines (President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

The government notes the unreasonable time frame requested for the provision of these documents. The documents relate to sensitive matters with personal privacy implications. Treasury officials are actively progressing the request, but additional time is required to consider it.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Whish-Wilson.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Senator McKim, actually, President.

Sue Lines (President) Share this | Link to this | Hansard source

Sorry! I beg your pardon. Senator McKim. It's the mask.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

The terrible Tassie twins! I have consistently said in relation to the investigation into the conduct of the ASIC deputy chair that the Greens will support disclosure if the matter has an effect on ASIC's capacity to fulfil its statutory function.

Sue Lines (President) Share this | Link to this | Hansard source

Senator McKim, just a moment.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I seek leave to make a short statement. My bad!

Sue Lines (President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

The redacted letter that ASIC wrote to the Treasurer on 13 April 2021, which has been recently published, states that the conduct in question was 'seriously impeding the ongoing effectiveness of ASIC's governance and administration'. Accordingly, the Greens will be supporting these motions.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that general business notice of motion Nos 290 and 291 be agreed to.

Question agreed to.