On 7 July 2022 the Commonwealth Attorney-General, the Honourable Mark Dreyfus QC MP, announced he had declined to proceed further in the prosecution of Mr Bernard Collaery for five offences relating to the alleged unlawful communication of ASIS information contrary to the Intelligence Services Act 2001. The prosecution of Mr Collaery for these offences was a matter being conducted by the Commonwealth Director of Public Prosecutions (Commonwealth DPP).
The decision of the Attorney-General was made pursuant to section 71(1) of the Judiciary Act 1903. This provision empowers the Attorney-General to discontinue the prosecution of any person committed upon a charge for a Commonwealth indictable offence.
The Commonwealth DPP respects the decision made by the Attorney-General in this matter. The decision of the Attorney-General ends the prosecution of Mr Collaery for these offences.
Given this was a decision made by the Attorney-General exercising a power vested in him by the Judiciary Act 1903, all enquiries regarding this decision should be directed to the Attorney-General’s Office.