Jerome Laxale (Bennelong, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the committee's Advisory report on the Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025: also reporting on Review of Division 3 ofPart III of the Australian Security Intelligence Organisation Act 1979 (compulsory questioning powers).

Report made a parliamentary paper in accordance with standing order 39(e).

by leave—On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the committee's Advisory report on the Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025. This report also completes and reports on the committee's review of ASIO's compulsory questioning powers under the ASIO Act, which was commenced in the previous parliament, and draws on the evidence provided to that review.

ASIO's compulsory questioning powers have been reviewed multiple times since their commencement in 2003. The minimal use of the questioning warrant provisions in recent years means there are limited examples of use against which the operation and effectiveness of the powers can be assessed. Nevertheless, the committee considered the experience of ASIO with the provisions to date and concerns about the powers raised by submitters. The committee's combined review then considered amendments to those powers proposed in the ASIO Amendment Bill (No. 2) 2025.

The committee has concluded, as it did in 2018, that ASIO's compulsory questioning powers are necessary. The powers were originally granted in recognition of the fact that ASIO had no ability to question an individual who would not engage voluntarily, and, in the context of the heightened risk of terrorism following the events of 11 September 2001, without the questioning warrant regime, this gap in ASIO's intelligence collection capabilities would still exist.

The rapidly changing and increasingly complex security threat facing Australia today is a powerful signal to the committee that ASIO's ability to question persons who may hold valuable national security intelligence, whether willing or not, must remain in the law. Nevertheless, the committee remains cognisant that compulsory questioning is an extraordinary power for an intelligence agency to have and is therefore pleased that ASIO is using these powers sparingly and judiciously. The committee does not accept the argument made by some that infrequent use of the regime by ASIO shows that it's not needed. In fact, the committee hopes that these continue to be powers ASIO rarely needs to invoke. The committee is satisfied that the compulsory questioning framework is necessary and also largely fit for purpose and therefore endorses the proposal in the bill to repeal provision for the periodic sunsetting of the powers. This will make the powers permanent, subject to any future amendment or repeal by the parliament.

The committee's report makes four recommendations to further strengthen safeguards and accountability in relation to the granting and use of the powers and their oversight by the Inspector-General of Intelligence and Security. With the entrenchment of the compulsory questioning powers, regular review, including parliamentary oversight by the committee is more important than ever. As per the proposed amendment in part I of the bill, the committee considers that it is appropriate for the committee to undertake another statutory review within three years of the commencement of the amendments. The report recommends that, subject to the committee's recommendation, ASIO Amendment Bill (No. 2) 2025 be passed by the parliament. I commend the report to the House.