Inquiry into certain Australian companies in relation to the UN Oil-for-Food Programme

Appointed by Letters Patent issued by Governor-General Michael Jeffery on 10 November 2005 on the advice of the Howard government, countersigned by the Attorney-General for the Prime Minister, after the UN Independent Inquiry Committee (the Volcker inquiry) reported that AWB had paid some A$300 million in 'trucking fees' to a Jordanian company that passed most of them to the Iraqi regime. The Hon Terence Cole AO RFD QC was sole Commissioner. He was to inquire whether any conduct of the three Australian companies named in the Volcker report (AWB Ltd, Alkaloids of Australia and Rhine Ruhr) or persons associated with them might have breached Commonwealth, state or territory law, and whether proceedings should be referred to the relevant agencies. The report was originally due by 31 March 2006. Its website was hosted by the Attorney-General's Department.

Legislation: Royal Commissions Act 1902

1. 16 January 2006Public hearings began, after closed hearings in December 2005 and January 2006.
2. 6 February 2006Letters Patent amended to extend the terms of reference to BHP, Tigris Petroleum and associated persons in relation to a 1996 wheat shipment to Iraq and AWB sales contracts of 2002.
3. 5 March 2006The government agreed to the Commissioner's request of 3 March to extend the inquiry beyond 31 March 2006; the reporting date was later extended again, to November 2006.
4. 13 April 2006Prime Minister John Howard gave evidence after providing a written statement.

Cole presented his five-volume report to the Governor-General on 24 November 2006; it was tabled on 27 November 2006. He found that AWB had knowingly made the payments, found no evidence that ministers or officials knew of them, recommended that a taskforce consider possible charges against former AWB officers, and made five recommendations. An Australian Federal Police taskforce investigated, but in 2009 decided not to lay criminal charges.

• Inquiry into possible breaches of Australian law by AWB Ltd and other companies under the UN Oil-for-Food Programme
• Inquiry into BHP and Tigris Petroleum wheat dealings with Iraq
• Referral of possible offences to Commonwealth, state and territory agencies

Last in the portfolio of Attorney-General's Department.

Loading lineage…