Key facts
- Australia's Labor government will not make ASIO's compulsory questioning powers permanent.
- The laws, introduced after 9/11, allow intelligence operatives to issue questioning warrants.
- The government sought to expand the scope to include promoting communal violence and attacks on defense systems.
- Instead of permanence, the powers will now be reviewed every three years.
- Concerns were raised by the Greens and human rights bodies regarding broad criteria and lack of legal protections.
The Australian Labor government has withdrawn its proposal to make permanent the controversial compulsory questioning powers granted to the Australian Security Intelligence Organisation (ASIO), powers originally enacted in the wake of the September 11, 2001, terrorist attacks.
Instead of removing the sunset clauses that require parliamentary review of these powers, the government will now implement a three-year review cycle. The proposed legislation had aimed to expand the scope of these powers to include offenses such as the promotion of communal violence and attacks on Australia's defense system, citing a "dynamic, diverse and degraded" security environment.
The decision to abandon the push for permanence came as the bill approached a vote in the Senate, with the government opting to secure passage with Coalition support. Greens justice spokesperson David Shoebridge criticized the government's initial expansion plans, stating that the criteria were too broad and could potentially ensnare activists engaged in legitimate activities. He also highlighted concerns about children as young as 14 being subjected to secret questioning without legal representation or the right to silence.
Previous warnings against extending these powers were issued by the Australian human rights commissioner, Lorraine Finlay, who noted that the ongoing use of these initially temporary measures could limit human rights without reasonable justification under international law. Data presented to parliament indicates that these questioning powers have been used infrequently, with only four warrants issued to three individuals for counter-terror and espionage cases since 2020.
Civil liberties organizations, including Liberty Victoria and the New South Wales and Queensland councils for civil liberties, had also voiced opposition to removing the sunset provisions, arguing it would undermine fair trial rights and risk characterizing ASIO as a secret police force. The original architect of the laws, former Howard government attorney general Daryl Williams, had described them as "extraordinary" and a "measure of last resort."