Claire Clutterham (Sturt, Australian Labor Party) Share this | Hansard source

I rise to speak in support of the Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025. As with the other bills pertaining to security and intelligence that have been debated in the 48th parliament, the primary purpose of this bill is to implement reform to keep Australians safe. The role the Australian Security and Intelligence Organisation plays in doing that and keeping Australians safe from national security threats cannot be underestimated. There is a grave need, more than ever, for its powers to be adequate to support this function at the same time as being necessary and proportionate to respond to the everchanging and challenging security environment.

This bill will operate to amend the Australian Security and Intelligence Organisation's compulsory questioning powers as contained in division 3 of part 3 of the Australian Security and Intelligence Organisation Act 1979. Division 3 of part 3 of the ASIO Act provides for ASIO to request that the Attorney-General issue a warrant to require a person to appear before a prescribed authority to give information, or produce a record or some other thing that is or may be relevant to intelligence that's important in relation to the matter being questioned. The Attorney-General may issue an adult questioning warrant for a person over 18 years or a minor questioning warrant for a person aged 14 to 17 years.

In doing this, the bill also seeks to make comprehensive reforms to the compulsory questioning warrants framework by amending the act to do the following. It expands the scope of adult questioning warrants to include four new grounds and, by making amendments to requirements relating to prescribed authorities, includes new grounds that would disqualify a prospective prescribed authority from being appointed and amending when the Attorney-General can terminate the appointment of a prescribed authority. The bill also makes an amendment to the Intelligence Services Act 2001 to require that the Parliamentary Joint Committee on Intelligence and Security review the amendments contained in the bill on the third anniversary of its commencement. Background that is important and relevant to this is that on 25 August 2025 the Australian Security and Intelligence Organisation Amendment Bill (No. 2) 2025 was referred to the Parliamentary Joint Committee on Intelligence and Security for inquiry and report. Six public submissions were received, and a public hearing into the operation of the framework was held on 17 November 2025, resulting in that amendment.

The four new expanded grounds, in relation to which the scope of adult questioning warrants apply, are already set out in section 4 of the ASIO Act under the definition of 'security'. Security is defined in that legislation as:

… protection of, and of the people of, the Commonwealth and the several States and Territories from:

(i) espionage;

(ii) sabotage;

(iii) politically motivated violence;

(iv) promotion of communal violence;

(v) attacks on Australia's defence system; or

(vi) acts of foreign interference;

whether directed from, or committed within, Australia or not …

Of these elements in the definition of security, sabotage, promotion of communal violence, attacks on Australia's defence system and serious threats to Australia's territorial and border integrity will be included in the scope of adult questioning in additional to espionage, politically motivated violence including terrorism and acts of foreign interference. These newly expanded areas were already contemplated in the ASIO Act as being relevant to the security of the Australian people. They will now join the other existing elements of that definition with respect to the scope of adult questioning.

In his 2025 annual threat assessment, the Director-General of Security outlined ASIO's outlook to 2030, which assessed that, over the next five years, Australia's security environment will become more dynamic, more diverse and more challenging. Australia is facing multifaceted, merging, intersecting, concurrent, cascading threats, and, if we are to ensure that Australians are safe and feel safe, ASIO must be properly equipped to respond. The 2025 annual threat assessment also outlined that now more than ever information is needed to allow ASIO to anticipate, to look forward, to identify trends and to identify patterns of behaviour. Credible risk assessments and advice to government and other stakeholders can only be developed in relation to credible information from relevant sources. ASIO's compulsory-questioning powers are part of this. They are a vital capability in protecting Australia and Australians from threats to their security. Introduced in 2003, following the 11 September 2001 terrorist attacks in the United States, the powers were intended to improve ASIO's ability to identify and counter threats to terrorism. The security environment has evolved considerably since 2003, and these reforms have been made to the framework as a result.

Our environment, from a security perspective, is becoming more complex. We have seen recent instances of foreign interference on our shores. Along with security threats from espionage and politically motivated violence, these remain our principal security concerns. But, as things move and change and they do so rapidly, it is important that ASIO's powers continue to evolve to enable ASIO to respond in an increasingly volatile threat environment.

The compulsory-questioning framework is therefore critical, but it must also be proportionate and reasonable to the objective. In this respect, the compulsory framework has, since its introduction, been subject to five parliamentary and two independent reviews. The use of compulsory-questioning powers over more than two decades by ASIO has demonstrated that the powers have been used judiciously to obtain high-value intelligence in circumstances where ASIO's other powers may not be as effective.

In reflection of the fact that proper and thorough oversight is critical, given the nature of these powers and the need to ensure trust and confidence, the bill will also make consequential amendments to the Intelligence Services Act 2001 to enable that further review of the compulsory-questioning framework by the Parliamentary Joint Committee on Intelligence and Security. This is a part of a process of continual review and measurement to ensure that the bill and the framework it promotes are working but working in a way that promotes public trust and confidence.

In this bill the compulsory-questioning warrants will become a permanent feature of ASIO's intelligence collection powers, allowing ASIO to collect the information and intelligence it needs to anticipate Australia's needs in a changing security environment. It must be proactively equipped to deal with this, and this step is illustrative of the government's view that these compulsory-questioning powers now form an essential part of ASIO's collection powers, particularly in light of the evolving security environment.

As an Australian citizen living and working in this great country, I want ASIO to be able to anticipate, to be able to properly advise government and other stakeholders and to be able to prepare accurate and thorough risk assessments so that dynamic and critical risks to the security of the Australian people can be properly managed. I want to know that ASIO knows what is going on and what the threats to this country and its people might be and how best to counter them.

That being said, these compulsory-questioning powers are, of course, serious and need to be used within a framework of the highest standards of integrity, fairness and probity. ASIO has used these powers judiciously since inception, and the framework must be designed so it can continue to do so. The bill therefore retains the existing safeguards, oversight mechanisms and accountability measures that apply to the framework, including oversight by the Inspector-General of Intelligence and Security.

The measures are available to all members to review in section 34 of part III of division 3 of the ASIO Act and include contact with legal and other representatives, the use and disclosure of information so as not to prejudice a fair trial, the prohibition on questioning of persons under 14 years of age, access to interpreters and additional time for questioning if an interpreter is required. They also include the requirement that the subject of compulsory questioning be advised of the nature of the warrant in terms of what it allows the prescribed authority to do, the period for which the warrant is in force, the circumstances in which the subject may be apprehended, the subject's right to apply for financial assistance and the subject's right to make a complaint in relation to aspects of the warrant.

A person who is the subject of a compulsory questioning warrant continues to have the ability to seek a judicial remedy in relation to the warrant or treatment in connection with the warrant. The person also has a right to contact the Inspector-General of Security and Intelligence to make a complaint in relation to ASIO, to contact the Commonwealth Ombudsman to make a complaint in relation to the Australian Federal Police or to contact the complaints agency of the relevant state or territory to make a complaint in relation to the police force of that relevant state or territory. So with respect to these safeguards and the new regime, division 3 of part III will remain consistent with article 9 of the International Covenant on Civil and Political Rights as it is reasonable, necessary and proportionate to achieving the legitimate objective of maintaining national security.

Further, the measures in the bill will provide additional strength to the existing safeguards already in place in the framework, including by ensuring the independence and impartiality of prescribed authorities and ensuring the Attorney-General is made aware of relevant information regarding conduct under the warrant, including any instances of noncompliance. These amendments will strengthen key safeguards in the existing legislative framework to promote fairness, uphold human rights and the right to a fair trial, and to enhance transparency and accountability.

The Australian Security and Intelligence Organisation performs an essential role in protecting Australia and Australians from threats to their security. ASIO's compulsory questioning powers provide them with a unique and necessary tool to investigate the most significant threats confronting Australia today. The important reforms contained in this bill are designed to ensure that ASIO's powers remain commensurate to the emerging challenges being faced by Australia so that ASIO can execute its mission to counter threats to Australia's security, and ensure that all Australians not only feel safe but are safe.

Terrorists, malign actors and extremists need to get it right once in order to cause destruction, injury and death on a mass scale. ASIO has to get it right 100 per cent of the time, and it needs to be properly equipped to do so. I stand with the Minister for Home Affairs in this important work, and with this government as it prosecutes its commitment to ensuring Australia's national security laws continually evolve to protect the Australian community while ensuring that strong safeguards and public trust and confidence in the process remain firmly in place. I commend the bill to the House.

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