The Albanese government has quietly abandoned its plan to make the Australian Security Intelligence Organisation's (ASIO) compulsory questioning powers permanent, but will expand the list of offences covered by the rules to include the promotion of communal violence and attacks on Australia's defence system.
Background of the Powers
The laws were introduced following the September 11, 2001 terrorist attacks in the United States. They grant intelligence operatives the authority to issue a questioning warrant, compelling individuals as young as 14 to provide information or produce items that may assist in a serious investigation.
Government's Initial Stance
Labor argued that changes to the laws are justified by the "dynamic, diverse and degraded" security environment facing Australia today. The government initially sought to make these powers permanent by removing so-called sunset provisions, which require parliament to reconsider the powers on a regular basis.
In July last year, the Albanese government announced its intention to amend the Australian Security Intelligence Organisation Act to eliminate these expiry dates.
Reversal of Plans
However, as the Senate moved closer to a vote on the legislation, the government dropped its plan to remove the sunset provisions. Instead, the amended law will now mandate a review every three years.
Labor opted not to push for the removal of the sunsetting powers in order to secure passage of the bill through parliament with support from the Coalition.
Concerns from Human Rights Advocates
Greens justice spokesperson David Shoebridge expressed serious concerns about extending the areas covered by the laws. "The government was forced to reverse course and restore the sunset clause, which is something that almost never happens. It's a testament to what happens when communities organise and refuse to be ignored," he told Guardian Australia.
Shoebridge added, "When we questioned ASIO in Senate estimates about why they wanted these expanded powers, what conduct it was intended to cover, their answers were confused and unclear. If anything, they increased my concern about the intention of these laws."
He warned that the expanded criteria for warrantless questioning are so broad they could sweep up activists and community members engaged in entirely legitimate activities, with no requirement for even suspicion of criminality. "This looks increasingly like a tool for silencing people and targeting community organising," he said.
Upcoming Senate Vote
The Greens expect the Senate to vote on the changes later this month, nearly a year after they were first floated following the 2025 federal election. Parliament is set to resume on 22 June.
"Even with the sunset clause reinserted, these laws are chilling, with children as young as 14 able to be hauled in for secret questioning with no lawyer, no right to silence, and no reasonable cause," Shoebridge said.
Human Rights Commission's Warning
Australian Human Rights Commissioner Lorraine Finlay had previously warned against moves to extend the compulsory questioning laws, noting the ongoing use of powers that were initially designed to be temporary. The commission told a parliamentary inquiry that in many instances, the questioning powers "limit human rights without reasonable justification under international human rights law."
Historical Context and Usage
When the laws were first introduced, Howard government attorney general Daryl Williams described them as "extraordinary" and "a measure of last resort." Data provided to parliament shows the powers have been used sparingly since 2020, with just four warrants served on three people in counter-terrorism and espionage cases.
Civil liberties groups, including Liberty Victoria and the New South Wales and Queensland councils for civil liberties, had warned that removing the sunset provisions would seriously diminish the right to a fair trial and risk ASIO being characterised as a secret police force rather than an intelligence agency.
