15/5/2014
BUSTED!
SENATE COMMITTEE SCATHING OF AFP
SEVEN WEST RAID
Independent Senator for South Australia, Nick Xenophon, has called for urgent reforms to the
Proceeds of Crime Act 2002 after a Senate committee inquiry strongly criticised the AFP’s raids on
Seven West Media DATE under the provisions of the Act. He has also called for legislative
protections for media organisations as part of law enforcement investigations, similar to the US
protocols announced last year.
The AFP conducted raids on Seven West’s Sydney offices earlier this year, using warrants obtained
under the Act, in a search for documents relating to an alleged financial arrangement between Seven
West and representatives of Schapelle Corby. Under the Act, it is not an offence to pay for an
interview with a convicted offender, but the AFP may use civil provisions to try and reclaim the funds
so that the offender does not profit from their notoriety.
The AFP, however, used warrants claiming that a criminal offence had been committed. These
warrants were later quashed by a Federal Court judge following an appeal by Seven West Media. The
Senate Legal and Constitutional Affairs References Committee found that the AFP’s investigative
process was ‘unreasonable and caused unnecessary damage’ to Seven West’s reputation, and
questioned the AFP’s ‘competencies, training and oversight’ of such matters.
“The AFP has abused and misused its powers and caused significant damage to the reputation of a
maj or media organisation, as well an egregious waste of taxpayer money,” Nick said. “If this is how
the AFP acts towards Seven West, how are they treating smaller companies and individuals?”
Senator Xenophon said the civil literary proceeds provisions should be removed from the Proceeds of
Crime Act completely, and be established in their own act.
“The AFP has made it very clear they don’t have proper protocols in place for dealing with literary
proceeds matters,” Nick said. “The Act needs to be amended to remove any room for error, so it can’t
be misused or abused.”
“This fiasco will end up costing taxpayers well over $1 million,” Nick said. “Imagine if the AFP spent its
resources and money on going after the bad guys, not on this wild goose chase.”
Senator Xenophon also said the inquiry raised significant concerns about the lack of protection for
journalists and their sources when media organisations were investigated.
“Lawyers have the option of legal professional privilege to quarantine certain information from
investigations,” Nick said. “Journalists need to have the same kind of requirements so they can
protect their sources.”
“We need to follow the example of US Attorney-General Eric Holder, who last year set out important
protocols to protect journalists and media organisations in such matters.”
