The Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025 amends the Australian Security Intelligence Organisation Act 1979 to make ASIO’s compulsory questioning powers permanent, extend their scope to include sabotage, promotion of communal violence, attacks on Australia’s defence system and serious threats to territorial and border integrity, and enhance oversight through stricter prescribed authority criteria, reporting requirements and safeguards for post-charge questioning.
It also repeals the sunset provision and updates the Intelligence Services Act 2001 to reset the Parliamentary Joint Committee on Intelligence and Security review deadline.
The Bill amends Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 and makes consequential changes to the Intelligence Services Act 2001. Its main features are:
ASIO’s compulsory questioning powers are a vital tool for preventing and mitigating threats that could inflict widespread harm on Australians. By making these powers permanent and expanding their scope to address sabotage, communal violence, defence system attacks and border integrity threats, the Bill maximises our capacity to gather timely, actionable intelligence and thus enhances overall national security.
The Bill also fortifies the framework’s legitimacy by tightening the independence of prescribed authorities through clearer appointment and termination rules, mandating reporting of any procedural breaches to the Attorney-General, and requiring post-charge questioning to occur before a former superior court judge. These measures ensure that ASIO can fulfil its security mandate effectively while maintaining proportional safeguards against abuse.
Even granting ASIO’s need for compulsory questioning powers, permanently removing the sunset clause and broadly extending their scope risks entrenching intrusive powers far beyond their original counter-terrorism purpose [Judgment]. There is limited empirical evidence that such expansions deliver proportional security gains to outweigh the heightened potential for rights infringements.
The Bill’s enhanced reporting obligations and post-charge safeguards cannot substitute for real-time oversight. Reliance on retrospective reports to the Attorney-General and an optional PJCIS review delays scrutiny and undermines accountability [Judgment]. Given the serious implications for liberty and privacy, these powers should remain subject to periodic parliamentary renewal rather than be enshrined indefinitely.
2025-07-23
House of Representatives
Before House of Representatives
Unspecified
Home Affairs
National Security, Democratic Institutions