On 6 March 2014, the Senate referred the following matter to the Legal and Constitutional Affairs Committee for inquiry and report:
The current investigative processes and powers of the Australian Federal Police in relation to non-criminal matters, with particular reference to:
- 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;
- procedures preparatory to seeking production orders and search warrants, including taking into account the conduct of the recipient of such orders;
- procedures for executing search warrants;
- safeguards relating to the curtailment of freedom of speech, particularly in relation to literary proceeds matters;
- 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;
- the powers available to the Australian Federal Police to intercept telecommunications in circumstances where the matter being investigated does not involve criminal conduct;
- 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
- any related matters.