Raff Ciccone (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

I present the report of the Parliamentary Joint Committee on Security and Intelligence on the Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025, and I move:

That the Senate take note of the report.

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 concludes the committee's review of ASIO's compulsory questioning powers under the ASIO Act. A review commenced under the previous parliament and was informed by extensive evidence provided to the committee.

ASIO's compulsory questioning powers have been subject to repeated review since their introduction back in 2003. In recent years, the powers have been used only sparingly, meaning there are limited examples against which their operation and effectiveness can be assessed. Nevertheless, the committee carefully considered ASIO's experience with the regime as well as the concerns raised by submitters regarding the extraordinary nature of these powers. The committee also examined the amendments proposed in 2025 under the ASIO amendment bill No. 2, as it did in 2018. The committee has since concluded that ASIO's compulsory questioning powers remain necessary.

Now, these powers were originally introduced to address the critical gap in ASIO's intelligence-gathering capabilities—namely, the inability to compel the questioning of individuals who are unwilling to engage voluntarily at a time of heightened terrorist threat following the events of 11 September 2001. Without the questioning warrant regime, that gap would persist today.

The rapidly evolving and increasingly complex security threat environment facing Australia reinforces the committee's view that ASIO must retain the capacity to question individuals who may hold valuable national intelligence, whether willing or not. At the same time, the committee's acutely aware that compulsory questioning is an extraordinary power for an intelligence agency to possess. It is therefore appropriate and reassuring, I should add, that ASIO continues to use these powers sparingly and judiciously.

The committee does not accept the proposition that infrequent use demonstrates that the powers are unnecessary. On the contrary, the committee hopes that these powers that ASIO has are rarely used; they are needed just in case it is the requirement of the organisation. The committee is satisfied that the compulsory questioning framework is both necessary and largely fit for purpose. Accordingly it supports the repeal of the periodic sunset provisions, making the powers ongoing subject to future amendment or repeal by this parliament.

To accompany this entrenchment, the committee makes four recommendations aimed at further strengthening safeguards, accountability and oversight, including oversight by the Inspector-General of Intelligence and Security. It's worth nothing that they have a royal-commission-like powers. With the permanency of these powers, regular review is more important than ever. The committee therefore considers it to be appropriate, as proposed in part 1 of the bill, that a further statutory review be undertaken within three years of the commencement of the amendments. Subject to the committee's recommendations, the report recommends that the bill be passed by the parliament.

I commend the report to the Senate and seek leave to continue my remarks later.

Leave granted; debate adjourned.