Footnotes

Chapter 1 - Introduction

[1]        Journals of the Senate, 24 June 2009, p. 2173.

[2]        Senate Debates, 23 June 2009, p. 4064–.65

[3]        Letter to the President from Senator the Hon. Bill Heffernan, dated 22 June 2009.

[4]        Second letter to the President from Senator the Hon. Bill Heffernan, dated 22 June 2009.

[5]        Journals of the Senate, 25 June 2009, pp. 2194–95.

[6]        Representations to the Department of the Treasury in Relation to Motor Dealer Financing Assistance, Report No. 1 2009–10, presented to the Senate out of sitting on 4 August 2009.

[7]        Journals of the Senate, 12 August 2009, pp. 2278–79.

[8]        Correspondence, dated 10 August 2009, tabled in the Senate on 11 August 2009, Journals of the Senate, pp. 2221–22.

[9]        Economics Legislation Committee, Car Dealership Financing Guarantee Appropriation Bill 2009, June 2009, pp. 3–6.

[10]      Economics Legislation Committee, Committee Hansard , 19 June 2009, pp. E37–38

[11]      This approach is documented in the committee's 125^th Report, Parliamentary privilege: Precedents, procedures and practice in the Australian Senate 1966–2005, PP No. 3/2006.

[12]      Published in Appendix F to the committee's 125^th Report, Parliamentary privilege: Precedents, procedures and practice in the Australian Senate 1966–2005, PP No. 3/2006.

[13]      Submission by John Wilson, Williams Love & Nicol, on behalf of Mr Grech, dated 28 August 2009.

[14]      Correspondence from the committee secretary on behalf of the committee to Mr Grech, dated 9 October 2009.

[15]      Correspondence from John Wilson, Williams Love & Nicol, on behalf of Mr Grech, dated 19 October 2009.

[16]      Correspondence from the committee chair to Mr John Wilson, Williams Love & Nicol, dated 29 October 2009.

[17]      Correspondence form the committee secretary to Mr James Macken, Williams Love & Nicol, dated 13 November 2009.

[18]      On this issue, two submissions, probably drawing on the same legal advice, dwelt on differences in expression between the terms of reference and the list of possible contempts in Privilege Resolution 6 but made no substantive point about the differences in expresion: Treasury submission, dated 12 August 2009, paragraphs 88–90, 103–104; AFP submission, dated 10 August 2009, paragraphs 56–61.

[19]      These matters were raised by Senator Heffernan after the publication of the Auditor-General's report, in correspondence to the President dated 7 August 2009, and were referred to the committee by the President to consider in the context of its existing inquiry. The committee subsequently received further terms of reference and considered that the matters raised by Senator Heffernan were more appropriately considered under those second terms of reference.

Chapter 2 - Chronology of relevant events

[1]        Treasury submission, dated 12 August 2009, paragraphs 15 and 16.

[2]        AFP submission, dated 11 September 2009, attachment, email from Mr Grech to Paul Lindwall.

[3]        Australian National Audit Office, Representations to the Department of the Treasury in Relation to Motor Dealer Financing Assistance, Report No. 1 2009–10, p. 98.

[4]        Treasury submission, dated 24 September 2009, paragraph 65.

[5]        AFP submission, dated 11 September 2009, attachment, email from Mr Grech to Arthur Sinodinos, dated 25 May 2009; Treasury submission, dated 18 August 2009, attachment, email exchange between Mr Grech and Arthur Sinodinos, dated 25 May 2009. Mr Sinodinos subsequently told the AFP that he did not recall making contact with Senator Abetz in response to the email. AFP correspondence, dated 12 November 2009, attaching a copy of Mr Sinodinos's witness statement and attachments.

[6]        Senator Abetz, submission dated 26 August 2009, attachment, OzCar: Possible questions; Treasury submission, dated 18 August 2009, attachment, OzCar: Possible questions.

[7]        Economics Legislation Committee, Committee Hansard, 4 June 2009, pp. E34–43, 54; Treasury submission, dated 12 August 2009, paragraphs 17, 18 and 198; Treasury submission, dated 18 August 2009, attachment, email from Mr Grech to Brad Stansfield, dated 31 May 2009, attaching possible questions for estimates; AFP submission, dated 11 September 2009, attachment, email from Mr Grech to Brad Stansfield, dated 31 May 2009, attaching possible questions for estimates.

[8]        Australian National Audit Office, Representations to the Department of the Treasury in Relation to Motor Dealer Financing Assistance, Report No. 1 2009–10, p. 95; statement by Mr Grech published in The Australian, 4/8/2009; Treasury submission, dated 12 August 2009, paragraph 51.

[9]        Submission from Mr Chris Barrett, dated 27 October 2009. Mr Barrett advised the committee that he included this information in his statement to the AFP. The AFP subsequently provided a copy of the statement to the committee.

[10]      Also see Treasury submission, dated 12 August 2009, paragraph 51; Treasury submission, dated 24 September 2009, paragraph 31.

[11]      Treasury submission, dated 18 August 2009, attachment, the false email as created and as emailed to Mr Grech's private email account; AFP submission, dated 10 August 2009, and attachment, the false email as created and as emailed to Mr Grech's private email account.

[12]      Senator Abetz, submission dated 26 August 2009, attachment. The email is reproduced in full in chapter 4.

[13]      Treasury submission, dated 12 August 2009, paragraphs 20 and 21; Treasury submission, dated 24 September 2009, paragraph 39.

[14]      AFP submission, dated 11 September 2009, attachment, email from Mr Grech to Mr Turnbull, dated 6 June 2009.

[15]      Statement by Mr Grech, published in The Australian, 4 August 2009. Also see paragraph 2.68.

[16]      Senator Abetz, submission dated 26 August 2009, attachment, OzCar: Possible questions; Treasury submission, dated 18 August 2009, attachment, OzCar: Possible questions; AFP submission, dated 11 September 2009, attachment, OzCar: Possible questions; statement by Mr Grech published in The Australian, 4 August 2009.

[17]      AFP submission, dated 11 September 2009, attachment, email from Mr Grech to Mr Turnbull, dated 14 June 2009.

[18]      Statement by Mr Grech published in The Australian, 4/8/2009.

[19]      Senator Abetz, submission dated 26 August 2009, attachment, Joint press release; Treasury submission, dated 31 August, attachment, copy of SMS message from Mr Turnbull to Mr Grech.

[20]      Steve Lewis, 'Snitch the source of his own demise', Daily Telegraph, 5/8/2009, p.9; statement by Mr Grech published in The Australian, 4/8/2009; Treasury submission, dated 12 August 2009, paragraph 51; Treasury submission, dated 18 August 2009, and attachment, list of numbers called from Mr Grech's office and mobile phones and Blackberry.

[21]      AFP submission, dated 11 September 2009, attachment, email from Mr Grech to Mr Turnbull, dated 16 June 2009.

[22]      AFP submission, dated 11 September 2009, attachment, email from Mr Turnbull to Mr Grech, dated 17 June 2009; Steve Lewis, 'Snitch the source of his own demise', Daily Telegraph, 5/8/2009, p.9; Treasury submission, dated 18 August 2009, attachment, copy of the 'teaser' document.

[23]      AFP submission, dated 11 September 2009, attachment, email from Mr Grech to Mr Turnbull, dated 17 June 2009.

[24]      Treasury submission, dated 31 August 2009, attachment, list of numbers called from Mr Grech's office and mobile phones and Blackberry.

[25]      Treasury submission, dated 12 August 2009, paragraphs 23 and 24; Treasury correspondence, dated 7 October 2009, attachment, email from Mr Grech to various Treasury officers, dated 18 June 2009.

[26]      Steve Lewis, 'Now the wheels fall off — Rudd forced to defend aid for car dealer mate / Utegate: Heat on PM over help for car dealer mate', Courier Mail, 19 June 2009 and 'Car deal: PM in spin — Tailgate: New claims Rudd misled MPs over mate', Daily Telegraph, 19 June 2009.

[27]      Treasury submission, dated 12 August 2009, paragraphs 25 and 110; Treasury submission, dated 18 August 2009, attachment, email from Mr Grech to various Treasury officers, dated 19 June 2009.

[28]      Journals of the Senate, 15 June 2009, p.1993.

[29]      Journals of the Senate, 16 June 2009, p.2047.

[30]      Report of the Economics Legislation Committee, Car Dealership Financing Guarantee Appropriation Bill 2009.

[31]      Senator Abetz, submission dated 26 August 2009, attachment, email from Mr Grech to Mr Turnbull, dated 5 June 2009.

[32]      AFP submission, dated 11 September 2009, attachment, email from Mr Grech to Mr Turnbull, dated 17 June 2009.

[33]      Submission from Mr Chris Barrett, dated 27 October 2009.

[34]      Australian National Audit Office, Representations to the Department of the Treasury in Relation to Motor Dealer Financing Assistance, Report No. 1 2009–10, p. 95; statement by Mr Grech published in The Australian, 4/8/2009.

[35]      Submission from Mr Chris Barrett, dated 27 October 2009. Mr Barrett made a note of this conversation, included an account of it in his statement to the AFP and provided them with a copy of the note. The committee has been provided with a copy of the statement and note.

[36]      Australian National Audit Office, Representations to the Department of the Treasury in Relation to Motor Dealer Financing Assistance, Report No. 1 2009–10, pp. 96–97, and see note 99 which cites Mr Murphy's testimony to ANAO refuting this; Treasury submission, dated 31 August 2009, p.3.

[37]      Treasury submission, dated 24 September 2009, paragraphs 53–60.

[38]      Treasury submission, dated 12 August 2009, paragraphs 22 and 109; Australian National Audit Office, Representations to the Department of the Treasury in Relation to Motor Dealer Financing Assistance, Report No. 1 2009–10, p. 96.

[39]      Press conference by the Prime Minister, 19 June 2009, transcript at www.pm.gov.au/node/5097.

[40]      Treasury submission, dated 12 August 2009, paragraphs 22 and 111, and footnote 11; Australian National Audit Office, Representations to the Department of the Treasury in Relation to Motor Dealer Financing Assistance, Report No. 1 2009–10, p. 96; statement by Mr Grech published in The Australian, 4 August 2009.

[41]      Economics Legislation Committee, Committee Hansard, 19 June 2009, p. E16.

[42]      Economics Legislation Committee, Committee Hansard, 19 June 2009, p. E37.

[43]      Economics Legislation Committee, Committee Hansard, 19 June 2009, p. E38.

[44]      The DVD of the Economics Legislation Committee hearing on 19 June 2009 indicates up to eight television and still camera operators present. There were also sound technicians carrying microphones on booms. See plates 2 – 4.

[45]      Treasury submission, dated 12 August 2009, paragraphs 29–35.

[46]      Mr Terry Moran, submission dated 16 September 2009.

[47]      Press conference by the Prime Minister, 19 June 2009, transcript at www.pm.gov.au/node/5097.

[48]      Steve Lewis, 'Utegate timing off and muffler shot', Daily Telegraph, 4 July 2009, p.13; Press conference by the Prime Minister, 19 June 2009, transcript at www.pm.gov.au/node/5097.

[49]      Mr Terry Moran, submission dated 16 September 2009.

[50]      Mr Terry Moran, submission dated 16 September 2009; Mr Roger Wilkins, submission dated 28 August 2009, paragraph 5(c) and attached chronology.

[51]      Mr Roger Wilkins, submission dated 28 August 2009, paragraphs 5(d) and (e) and attached chronology.

[52]      Mr Roger Wilkins, submission dated 28 August 2009, chronology; AFP submission, dated 10 August 2009, paragraph 8 and attached timeline.

[53]      Mr Roger Wilkins, submission dated 28 August 2009, chronology; AFP submission, dated 10 August 2009, paragraph 9 and attached timeline.

[54]      Press conference by the Prime Minister, 20 June 2009, transcript at www.pm.gov.au/media/interview/2009/interview_1085.cfm.

[55]      Treasury submission dated 12 August 2009, paragraphs 37 and 38.

[56]      Treasury submission dated 12 August 2009, paragraphs 39 and 40.

[57]      Treasury submission dated 12 August 2009, paragraphs 35 and 115.

[58]      Treasury submission dated 12 August 2009, paragraphs 41 to 43; AFP submission, dated 10 August 2009, paragraph 17 and attached timeline.

[59]      Treasury submission dated 12 August 2009, paragraphs 44, 46 and 47; AFP submission, dated 10 August 2009, paragraphs 18 and 19 and attached timeline.

[60]      Treasury submission dated 12 August 2009, paragraph 48. Access to his Treasury-issued Blackberry was stopped the following day and unescorted access to the Treasury building was also limited.

[61]      Mr Roger Wilkins, submission dated 28 August 2009, chronology; AFP submission, dated 10 August 2009, paragraph 22 and attached timeline; Treasury submission dated 12 August 2009, paragraph 49.

[62]      AFP submission, dated 10 August 2009, paragraphs 23–27, attached timeline and other attachments, including the warrant application.

[63]      AFP submission, dated 10 August 2009, paragraphs 29–34, attached timeline and record of interview with Mr Grech; Mr John Wilson, submission on behalf of Mr Godwin Grech, dated 28 August 2009.

[64]      AFP submission, dated 10 August 2009, paragraphs 46–48 and attached timeline; Commissioner Keelty provided an explanation for this unusual action at a press conference on 30 June 2009 (AFP submission, paragraph 49).

[65]      AFP submission, dated 10 August 2009, attached timeline.

[66]      AFP submission, dated 10 August 2009, paragraphs 81–85 and attachment, letter from AFP, dated 24 July 2009, informing the committee of the second search warrant; Mr John Wilson, submission on behalf of Mr Godwin Grech, dated 28 August 2009.

[67]      Treasury submission dated 12 August 2009, paragraphs 52, 53 and 55; AFP submission, dated 10 August 2009, attached timeline.

[68]      Treasury submission dated 12 August 2009, paragraphs 54 and 56.

[69]      Treasury submission dated 12 August 2009, paragraph 51; Treasury submission, dated 24 September 2009, paragraph 15.1.

[70]      Treasury submission dated 12 August 2009, paragraph 57; AFP submission, dated 10 August 2009, attached timeline.

[71]      Treasury submission dated 12 August 2009, paragraphs 58–61 and 116;  AFP submission, dated 10 August 2009, paragraph 39

[72]      Treasury submission dated 12 August 2009, paragraph 63.

[73]      For a list of these emails, see Treasury submission, dated 24 September, paragraph 21.

[74]      Treasury submission dated 12 August 2009, paragraphs 63 and 64; Mr John Wilson, submission on behalf of Mr Godwin Grech, dated 28 August 2009. The Auditor-General's draft report was also forwarded to Mr Grech on this date.

[75]      Treasury submission dated 12 August 2009, paragraph 65; Mr John Wilson, submission on behalf of Mr Godwin Grech, dated 28 August 2009.

[76]      Treasury submission dated 12 August 2009, paragraphs 66 and 67; Mr John Wilson, submission on behalf of Mr Godwin Grech, dated 28 August 2009.

[77]      Mr John Wilson, submission on behalf of Mr Godwin Grech, dated 28 August 2009.

[78]      Senator Abetz, submission dated 26 August 2009, attachment, Joint press release. Transcript of press conference at www.liberal.org.au/news.php?Id=3511.

[79]      Senate Debates, 11/8/2009, p.4420.

[80]      For example, Paul Maley, 'Email fraudster Grech parts company with Treasury', The Australian, 7 October 2009, p. 1.

Chapter 3 - Possible adverse actions taken against Mr Godwin Grech

[1]        Committee of Privileges, 125^th Report, Parliamentary privilege: Precedents, procedures and practice in the Australian Senate 1966–2005, p. 46. For an account of the committee's previous experience of such cases, see pp. 46–56.

[2]        Resolution 2, Broadcasting of Senate and committee proceedings in Standing Orders and other orders of the Senate, June 2009, pp. 159–60.

[3]        Submission by Senator Annette Hurley, Chair, Economics Legislation Committee, dated 27 July 2009.

[4]        Submission by Senator Annette Hurley, Chair, Economics Legislation Committee, dated 27 July 2009, attachment, letter to Mr Phillip Hudson, undated.

[5]        Senator Annette Hurley, Chair, Economics Legislation Committee, correspondence dated 21 September 2009.

[6]        Submission by Senator Annette Hurley, Chair, Economics Legislation Committee, dated 27 July 2009, attachment, minutes of hearing on 19 June 2009.

[7]        Submission from Senator Hurley, 27 August 2009.

[8]        Mr Brien Hallett, Usher of the Black Rod, submission dated 26 June 2009.

[9]        Mr Brien Hallett, correspondence dated 23 July 2009, attachment. letter from Mr Phillip Hudson, dated 21 July 2009..

[10]      Senator the Honourable John Hogg, President of the Senate, correspondence dated 28 July 2009.

[11]      Mr Brien Hallett, correspondence dated 23 July 2009, attachment, letter from Mr Phillip Hudson, dated 21 July 2009.

[12]      See paragraph (c) of Privilege Resolution 3.

[13]      Economics Legislation Committee, Committee Hansard, 19 June 2009, p. E16; see chapter 2, paragraphs 2.25–2.29.

[14]      See chapter 2, paragraph 2.35.

[15]      See chapter 2, paragraphs 2.38–2.42.

[16]      See chapter 2, paragraphs 2.47–2.50.

[17]      Mr Roger Wilkins, submission dated 28 August 2009, paragraph 12.

[18]      Mr John Wilson, submission on behalf of Mr Godwin Grech, dated 28 August 2009, paragraph 18.

[19]      AFP submission, dated 10 August 2009, attachment, letter of referral, dated 20 June 2009; Mr Roger Wilkins, submission dated 28 August 2009, attachment, letter of referral, dated 20 June 2009.

[20]      Mr Roger Wilkins, submission dated 28 August 2009, paragraphs 5(a), 6 and 7.

[21]      Mr John Wilson, submission on behalf of Mr Godwin Grech, dated 28 August 2009, paragraph 9; AFP submission, dated 10 August 2009, attachment, search warrant application (not published).

[22]      AFP submission, dated 10 August 2009, paragraphs 11–16.

[23]      See the committee's 125^th Report, Parliamentary privilege: Precedents, procedures and practice in the Australian Senate 1966–2005, PP No. 3/2006, pp. 46–56.

[24]      For example, by Ernest J Weinrib, 'The Special Morality of Tort Law' (1989) 34 McGill Law Rev 403 at 404.

[25]      See chapter 2, paragraph 2.49.

[26]      See chapter 2, paragraphs 2.50–2.52.

[27]      Treasury submission, dated 18 August 2009, all attachments; Treasury submission, dated 12 August 2009, paragraph 51; Treasury submission, dated 31 August 2009, attachment, list of numbers called from Mr Grech's office and mobile phones and Blackberry.

[28]      Treasury submission, 12 August 2009, paragraph 69.

[29]      Treasury submission, dated 12 August 2009, paragraphs 71–76.

[30]      Correspondence to the President from Senator the Honourable Bill Heffernan, dated 22 June 2009, tabled in the Senate on 24 June 2009.

[31]      There were no further details on this matter in Senator Heffernan's submission to the committee, dated 22 July 2009.

[32]      Mr Chris Kenny, Chief of Staff to the Leader of the Opposition, submission dated 30 June 2009; Mr Alister Jordan, Chief of Staff to the Prime Minister, submission dated 29 July 2009; Mr Chris Barrett, Chief of Staff to the Treasurer, undated submission, received 31 July 2009.

[33]      Treasury submission, dated 12 August 2009, paragraph 5.

[34]      AFP submission, dated 10 August 2009, paragraphs 40–41.

[35]      See the committee's 125^th Report, Parliamentary privilege: Precedents, procedures and practice in the Australian Senate 1966–2005, PP No. 3/2006, pp. 40–46.

[36]      Daily Telegraph, 5 August 2009, p. 9.

 Chapter 4 - Possible false or misleading evidence to, or improper interference with, a committee hearing

[1]        Senator the Honourable Bill Heffernan, correspondence to the President of the Senate, dated 7 August 2009.

[2]        Committee Hansard, p. E32.

[3]        Committee Hansard, pp. E32–E34.

[4]        Committee Hansard, p. E35.

[5]        Committee Hansard, p. E37.

[6]        Committee Hansard, p. E38.

[7]        Committee Hansard, pp. E38–43.

[8]        Committee Hansard, p. E43.

[9]        Economics Legislation Committee, Car Dealership Financing Guarantee Appropriation Bill 2009, June 2009, p. 1.

[10]      Senator Annette Hurley, submission dated 27 August 2009.

[11]      Senator the Honourable Eric Abetz, submission dated 26 August 2009.

[12]      Senator Abetz, statement to the Senate, Senate Debates, 11 August 2009, p. 4420.

[13]      Mr Brad Stansfield, submission dated 28 August 2009.

[14]      Treasury submission, dated 31 August 2009, p. 4; Treasury submission, dated 24 September 2009, paragraph 4.

[15]      Treasury submission dated 24 September 2009, paragraphs 28–45.

[16]      Treasury submission dated 31 August 2009.

[17]      Senator Alan Eggleston, correspondence dated 11 August 2009.

[18]      Mr John Wilson, submission on behalf of Mr Godwin Grech, dated 28 August 2 009, paragraphs 43–44.

[19]      Australian National Audit Office, Representations to the Department of the Treasury in Relation to Motor Dealer Financing Assistance, Report No. 1 2009–10, p. 97n.

[20]      Treasury submission dated 24 September 2009, paragraphs 25–27.

[21]      Treasury submission dated 31 August 2009, attachment setting out Mr Grech's evidence regarding his contact with Mr Lewis.

[22]      Treasury submission dated 31 August 2009, attachment, list of numbers called from Mr Grech's office and mobile phones and Blackberry.

[23]      Treasury submission, dated 31 August 2009, p. 3.

[24]      AFP submission dated 11 September 2009, attachments, emails between Mr Grech and Mr Lewis and Mr Grech and Mr Turnbull, dated 16 and 17 June 2009. Also see chapter 2, paragraph 2.13–2.16.

[25]      Submission by Senator Annette Hurley, Chair, Economics Legislation Committee, dated 27 July 2009.

[26]      See chapter 2, paragraphs 2.11–2.12; Senator Abetz, submission dated 26 August 2009, attachment, OzCar: Possible questions; Treasury submission, dated 18 August 2009, attachment, OzCar: Possible questions; AFP submission, dated 11 September 2009, attachment, OzCar: Possible questions; statement by Mr Grech published in The Australian, 4/8/2009.

[27]      AFP submission, dated 11 September 2009, attachment, email from Mr Grech to Mr Turnbull, dated 14 June 2009.

[28]      Senator Abetz, submission dated 26 August 2009, attachment, email from Mr Grech to Mr Turnbull, dated 5 June 2009.

[29]      Senator Abetz, submission dated 26 August 2009.

[30]      Senator Abetz, submission dated 26 August 2009.

[31]      Senator Abetz, submission dated 26 August 2009.

[32]      Senator Abetz, submission dated 26 August 2009.

[33]      Harry Evans, 'Senate estimates hearings and the government majority in the Senate', Address to the National Press Club, 11 April 2006.

[34]      Senator Abetz, submission dated 26 August 2009, attachment, Joint press release.

[35]      Godwin Grech, statement published by The Australian, 4 August 2009.

[36]      Mr Brad Stansfield, submission dated 28 August 2009.

[37]      Treasury submission dated 24 September 2009, paragraph 49.

[38]      Committee of Privileges, 72^nd Report, Possible improper action against a person (Dr William de Maria), PP No. 117/1998. For a summary of this report, see the committee's 125^th Report, pp. 158–59.

[39]      Senator Annette Hurley, submission dated 27 August 2009.

[40]      Senator Annette Hurley, submission dated 27 August 2009.

[41]      See paragraphs 4.12 – 4.13.

[42]      Australian National Audit Office, Representations to the Department of the Treasury in Relation to Motor Dealer Financing Assistance, Report No. 1 2009–10, pp. 96–97.

[43]      Senator the Honourable Bill Heffernan, correspondence to the President of the Senate, dated 7 August 2009.

[44]      Senate Debates, 11 August 2009, p. 4418.

[45]      Australian National Audit Office, Representations to the Department of the Treasury in Relation to Motor Dealer Financing Assistance, Report No. 1 2009–10, p. 97n.

[46]      Owing to a family bereavement, Mr Murphy was on leave at the time the committee sought his response. Treasury submission dated 24 September 2009, covering letter.

[47]      Treasury submission, dated 24 September 2009, paragraphs 53–56.

[48]      Treasury submission, dated 24 September 2009, paragraphs 59–60.

[49]      AFP submission, dated 11 September 2009, attachment, email from Mr Grech to Mr Turnbull, dated 18 June 2009.

[50]      See paragraphs 2.6 and 2.22–2.23.

[51]      Submission from Mr Chris Barrett, dated 27 October 2009.

[52]      Treasury submission, dated 18 August 2009, attachment, email from Mr Grech to (name redacted), dated 7 November 2008.

[53]      AFP submission, dated 11 September, attachment, email from Mr Grech to Mr Turnbull, dated 5 June 2009.

[54]      Senator the Honourable Bill Heffernan, correspondence to the President of the Senate, dated 7 August 2009.

[55]      Treasury submission, dated 24 September 2009, paragraphs 62–73.

[56]      Chapter 1, paragraph 1.21. This is the threshold test prescribed in s. 4 of the Parliamentary Privileges Act 1987.

[57]      In considering questions of contempt, the committee is required to have regard to Privilege Resolution 3, Criteria to be taken into account when determining matters relating to contempt.

Chapter 5 - Procedural issues

[1]        See Harry Evans (ed), Odgers' Australian Senate Practice, 12^th ed., pp. 60–61, 73, 378, 426–30.

[2]        Privilege Resolution 2 (1)

[3]        Government guidelines for official witnesses before Parliamentary committees and related matters, November 1989, paragraph 2.5.

[4]        A similar issue was dealt with by the committee in its 22^nd Report, Possible Unauthorised Disclosure of a Senate Committee Submission, PP No. 45/1990, See 125^th Report, p. 140 for a summary.

[5]        Letter from the chair of the committee, Senator the Honourable George Brandis SC, to Dr Henry, dated 19 August 2009.

[6]        AFP submission, dated 11 September 2009.

[7]        AFP submission, dated 10 August 2009.

[8]        Letter from Dr Henry, dated 16 November 2009.

[9]        Harry Evans (ed), Odgers' Australian Senate Practice, 12^th edition, p. 402

[10]      Correspondence from Commissioner Negus, dated 29 October 2009.

Additional Comments by Senator Collins

[1]        Treasury submission, dated 13 August 2009, attachment; AFP submission, dated 11 September 2009, attachment.

[2]        Treasury submission, dated 13 August 2009, attachment; AFP submission, dated 11 September 2009, attachment.

[3]        Treasury submission, dated 13 August 2009, attachment.

[4]        Treasury submission, dated 13 August 2009, attachment.

[5]        Treasury submission, dated 13 August 2009, attachment.

[6]        Statement by Mr Grech published in The Australian, 4 August 2009.

[7]        Treasury submission, dated 13 August 2009, attachment.

[8]        Treasury submission, dated 13 August 2009, attachment.

[9]        Treasury submission, dated 13 August 2009, attachment.

[10]      Treasury submission, dated 13 August 2009, attachment.