11th Aug 2021, 6:59 PM – Senate Committees - Legal and Constitutional Affairs References Committee - Reference

The majority voted against a motion introduced by South Australian Senator Rex Patrick (Independent), which means it failed.

Motion text

(1) That the Senate notes that:

(a) a former officer of the Australian Secret Intelligence Service (ASIS), known as Witness K, provided the Government of the Democratic Republic of Timor-Leste with an affidavit that contained information relating to an intelligence operation carried out by ASIS in Timor-Leste;

(b) the Government of Timor-Leste stated in proceedings before the International Court of Justice that Witness K's affidavit 'describes the covert bugging in 2004 of the Timor-Leste Cabinet room on the instructions of the Australian authorities';

(c) the Australian Government informed the International Court of Justice that Witness K had served as an ASIS officer and that his affidavit contained information the disclosure of which would constitute an offence under section 39 of the Intelligence Services Act 2001; and

(d) in the Australian Capital Territory Magistrates Court, on 18 June 2021, Witness K was convicted of an offence under section 39 of the Intelligence Services Act 2001.

(2) That the following matters be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 21 October 2021:

(a) was the intelligence operation disclosed in Witness K's affidavit an activity authorised by a Minister in accordance with the statute;

(b) was the intelligence operation disclosed in Witness K's affidavit an activity authorised by the Director-General of ASIS in accordance with the statute; and

(c) in respect to the authorisation under paragraph (a) or (b) what legal and policy related due diligence was carried out as part of the authorisation process.

(3) That the Senate calls on the Australian Government, including the Minister for Foreign Affairs, the Director-General of ASIS and the Inspector-General of Intelligence and Security, to cooperate fully with the Legal and Constitutional Affairs References Committee inquiry.

(4) That the Senate further calls on the former Minister for Foreign Affairs, the Honourable Alexander Downer AC, and the former Directors-General of ASIS, Mr David Irvine AO and Mr Nick Warner AO, to cooperate fully with the Legal and Constitutional Affairs References Committee inquiry.

Notice of motion altered on 23 June 2021 pursuant to standing order 77