The Albanese government has quietly abandoned its plan to make the Australian Security Intelligence Organisation's compulsory questioning powers permanent, but will expand the range of offences covered by the rules to include promotion of communal violence and attacks on Australia's defence system.
Background of the Powers
The laws, introduced after the 11 September 2001 terrorist attacks in the US, grant intelligence operatives the authority to issue questioning warrants requiring individuals as young as 14 to provide information or produce items that may assist in a serious investigation. The government argued that changes were justified by the "dynamic, diverse and degraded" security environment facing Australia today.
Initial Proposal and Reversal
In July last year, the government announced plans to remove sunset provisions—expiry dates requiring regular parliamentary review—from the Australian Security Intelligence Organisation Act. However, as the Senate neared a vote, Labor dropped this proposal to secure support from the Coalition and pass the bill. Instead, amendments will mandate a review every three years.
Greens justice spokesperson David Shoebridge expressed serious concerns about the extended scope of 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 said. Shoebridge warned that the expanded criteria for warrantless questioning could sweep up activists and community members engaged in legitimate activities, without requiring even suspicion of criminality, calling it "a tool for silencing people."
The Greens expect the Senate to vote on the changes later this month, nearly a year after they were first proposed following the 2025 federal election. Parliament is set to resume on 22 June.
Human Rights Concerns
Australian Human Rights Commissioner Lorraine Finlay had previously warned against extending the compulsory questioning laws, noting that powers initially designed as temporary continue to be used. The commission told a parliamentary inquiry that the questioning powers "limit human rights without reasonable justification under international human rights law."
When the laws were 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 rarely used since 2020, with only four warrants served on three people in counter-terror and espionage cases.
Civil liberties groups, including Liberty Victoria and the New South Wales and Queensland councils for civil liberties, warned that removing 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.
