The Australian Security Intelligence Organisation Amendment Bill (No. 1) 2025 extends the expiry date of ASIO’s compulsory questioning warrant framework by 18 months, moving the cessation date from 7 September 2025 to 7 March 2027.
This temporary extension maintains ASIO’s ability to compel attendance and questioning under Division 3 of Part III of the ASIO Act while more comprehensive reforms are prepared and debated by Parliament.
The Bill amends the Australian Security Intelligence Organisation Act 1979 (Cth) by changing section 34JF in Division 3 of Part III. Under current law, Division 3— which authorises compulsory questioning warrants, associated apprehension, search and seizure powers, and procedural safeguards— would sunset on 7 September 2025. Item 1 of Schedule 1 replaces the date in section 34JF to extend the operation of the framework until 7 March 2027.
No other substantive changes are made to the content or structure of Division 3. The amendment preserves existing processes for requesting, approving and varying warrants; the role of prescribed authorities; the rights of subjects (including legal representation, complaint mechanisms and time limits on questioning); and ASIO’s reporting and oversight requirements (including IGIS involvement). The Financial Impact Statement notes no fiscal consequences, and a human rights compatibility statement confirms that any rights limitations remain justified, necessary and proportionate to Australia’s national security objectives.
Australia faces evolving threats—espionage, politically motivated violence and foreign interference—that can inflict severe harm on national institutions, economic stability and public safety. ASIO’s compulsory questioning warrant powers are a targeted, high-value tool to extract critical intelligence when other methods are inadequate, thereby preventing catastrophic outcomes [Judgment].
The existing framework includes multi-layered safeguards: Attorney-General approval thresholds, prescribed authorities overseeing humane treatment, time limits on questioning, legal representation rights, and real-time Inspector-General of Intelligence and Security (IGIS) oversight. These checks ensure that the measures remain proportionate, necessary and directed solely toward legitimate security objectives.
Extending the expiry date by 18 months allows ASIO to retain this capability during an active threat environment while Parliament finalises broader reforms. A lapse in these powers before reforms take effect would create a dangerous intelligence gap, potentially endangering Australians and undermining ASIO’s ability to respond swiftly to critical threats.
Simply rolling over an expiring warrant regime without completing substantive reform delays necessary parliamentary scrutiny of extraordinary coercive powers. Granting extensions by default weakens democratic institutions designed to debate, refine and limit executive authority [Judgment].
Compulsory questioning under threat of apprehension and search significantly restricts individual liberty and privacy. While safeguards exist on paper, the continued reliance on these powers without rigorous, evidence-based evaluation increases the risk of rights abuses and mission creep. A sunset extension should be accompanied by interim independent review findings before further renewal.
Rather than multiple short extensions, the government should prioritise passage of a reform package that addresses transparency, stronger judicial oversight, clearer criteria for warrants and enhanced reporting to Parliament. This approach balances national security needs with fundamental safeguards against arbitrary detention and interference with personal freedom.
2025-07-23
House of Representatives
Before Senate
Unspecified
Home Affairs
National Security, Democratic Institutions