Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025

High-Level Summary

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.


Summary

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:

  • Schedule 1 Part 1 repeals section 34JF to remove the 7 September 2025 sunset of ASIO’s compulsory questioning framework, making it permanent.
  • Part 2 (section 34A) expands the definition of “adult questioning matter” to add sabotage, promotion of communal violence, attacks on Australia’s defence system and serious threats to territorial and border integrity.
  • Parts 3 and 4 (section 34AD) broaden disqualifying criteria and align termination provisions for prescribed authorities—disqualifying Defence Force members, APS employees, parliamentarians, prosecutors and others—to reinforce independence and impartiality.
  • Part 5 inserts reporting obligations (section 34HA) requiring the Director-General of Security to inform the Attorney-General of any contraventions of warrants, procedures or directions.
  • Part 6 (sections 34BD, 34BE, 34DE) mandates that post-charge questioning and production of records occur only before a prescribed authority who is a former judge of a superior court.
  • Schedule 2 establishes transitional rules applying amendments only to warrants and appointments made on or after commencement.
  • An amendment to section 29 of the Intelligence Services Act 2001 resets the PJCIS review deadline to the third anniversary of the Act’s commencement.

Argument For
Normative Bases
  1. Utilitarian Ground Truth
  2. Hobbesianism

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.


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection
  2. Legal Principle [ICCPR Article 9]

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.


Date:

2025-07-23

Chamber:

House of Representatives

Status:

Before House of Representatives

Sponsor:

Unspecified

Portfolio:

Home Affairs

Categories:

National Security, Democratic Institutions

Timeline:
23/07/2025

Comments (0)