Written Undertaking by the Attorney-General of Australia dated 21 January 2014

ATTORNEY-GENERAL

CANBERRA

International Court of Justice

Timor-Lestev. Australia

Written undertaldug by Senator the Hon George Brandis QC,
Attorney-General of the Commonwealth of Australia

WHEREAS

A. I am the Attorney-General ofthe Commonwealth of Australia, having responsibility,
inter alia, fbr the administration of the Australian Security Intelligence Organisaaon
Act 1979 and for the conduct ofthese proceedings; and

B. 1am aware that the Australian Security Intelligence Organisation ('ASIO') executed a
warrant a.tpremises occupied by the law firm ofMr Bemard Collaery and thatin
execution ofthat warrant, ce1tain material ('the Material') was taken into possession
by ASIO; and

C. On 19 December 2013, I made a written undertaking to an Arbitral Tribunal
constituted under.the 2002 Timor Sea Treaty relating to restrictions on the use of the
Material; and

D. On 20 January 2014, the Government of Timor-Leste raised before the International
Comt of Justice ('the Court') concerns relating to the use of the Material in contexts
unrelated to the arbitration.

I DECLARE to the Court that:

1. I have not become aware or sought to inform myself of the content of the Material or
any information derivedfi·omthe Material; and

2. 1am not aware of any circumstance which would make it necessary tbr me to intbm1

myself of the content of the Material or any information derived from the Material;
and

3. I have given a Directionto ASIO that the content of the Material and any information
derived from the Material, is not undcr any circumstances to be communicated to any

person for any purpose other than national security purposes (which include potential
law entbrcement refenals and prosecutions) until final judgment in this proceeding or
until further or earlier order from the Cmnt.

Parliament Bouse Canberra ACT 2600 Telephone: (02) 6277 7300 Facsimilc: (02) 6273 41021UNDERTAKE to the Court that until final judgment in this proceeding or un tilfmther or
earlier orcierof the Court:

1. I willnot make myself aware or otherwise seek to inform myself of the content of the
Material or any information derived from the Material; and

·2. Should I become aware of any circumstance which would make it necessary for me to
inform my self of the Material, I will first bring that fact to the attention of the Court,

at which time fmther undertakings will be offered; and

3. The Material will not be useclby any part of the Australian Government for any
pm·poseother than national security purposes (which include potentiallaw
enforcement referrals and prosecutions); and

4. Without limiting the above, the Material, or any information derived from the
mater:ial,will not be made available to any part of the Australian Government for any
purpose relating to the exploitation of resources in the Timor Sea or related
negotiations, or relating to the conduct of:

(a) these proceedings; and
(b) the proceedings in the Arbitral Tribunal refened to in Recital C.

21 January 2