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Bearing in mind that #Assange’s activities were conducted outside the United States, this tale of how independent we were capable of being in days gone by is to my mind both sad and instructive.
In 1976 I was a Division Head in Doug Anthony’s Department of National Resources. A colleague was responsible for uranium matters. One morning colleague arrived at work having heard overnight US justice Department had convened Grand Jury to inquire into
collusion in international uranium market. It was alleged that international producers were colluding on uranium price and having an adverse effect on US commerce. At the time uranium was a prohibited import in the US - domestic market reserved for US suppliers.
Assertion that alleged cartel behaviour was affecting US commerce depended upon the fact that Westinghouse was constructing a nuclear power station in the Philippines and a lifetime supply of fuel was part of the deal.
All of the alleged activities of the cartel (including CRA and Western Mining) were outside the US, but the US asserted that its anti-trust laws have extraterritorial application.
On hearing that the Grand Jury had been convened, my colleague saw Doug Anthony first thing in the morning, following which he issued instructions for Parliamentary Counsel to draft legislation which would make it illegal to take evidence for foreign legal proceedings
to be taken out of the country without the permission in writing of the Attorney-General.
The legislation was drafted by lunchtime and had passed both Houses of Parliament by the end of the day.
The legislation was drafted by lunchtime and had passed both Houses of Parliament by the end of the day.
The Americans were furious, and so began a long tussle between us and the Americans on the broader question of the extraterritorial application of US antitrust law. I was directly involved in this, with officers of AG’s, led by AG Peter Durack. We didn’t give an inch.
As I look at the sad spectacle of a pathetic Australian Government behaving as a meek and mild bystander in the case of Julian #Assange I find it impossible to imagine us now giving to any event the kind of robust response we gave in 1976 and following years.
Similarly, find it hard to imagine Fraser and Anthony allowing themselves to be sidelined in the way Morrison and Co have self-sidelined.
