Labour is pushing back against the Morrison government's plan to remove a safeguard requiring Asio to obtain a judge's approval for compulsory questioning, as part of a broader expansion of the spy agency's powers. The change would allow the attorney general alone to authorise intrusive questioning warrants, bypassing the current judicial oversight.
The draft legislation expands Asio's compulsory questioning powers from terrorism-related intelligence to cover espionage, foreign interference, and politically motivated violence. The Law Council of Australia has proposed a 'double lock' authorisation process, similar to the UK's Investigatory Powers Act, where the attorney general's decision would require subsequent judicial confirmation.
Under the Law Council's plan, a judicial officer could cancel a warrant if they do not confirm the attorney general's decision, with written reasons provided. For urgent cases, the warrant could take immediate effect but would need a judicial review within three days, potentially leading to cancellation and destruction of intelligence.
Labour members have argued for the double-lock safeguard, noting it was originally introduced by the Howard government. A Labour spokesperson stated: 'Labor has a consistent view that extraordinary powers require independent oversight and authorisation.' The party is expected to finalise its position after the intelligence committee reports.
The legislation comes amid Asio warnings of more spies operating in Australia than during the Cold War. The government is likely to table the bill soon, as existing questioning powers expire in March. Asio has used these powers 16 times since 2001, but not since 2010, and anticipates increased use once expanded.
