Post 9/11 ‘temporary measures’ here to stay.

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PERMANENT ASIO POWERS

Australia’s domestic spy agency is moving to entrench some of its most controversial national security powers, with a new bill proposing to make the Australian Security Intelligence Organisation’s (ASIO) compulsory questioning regime permanent.

At the heart of the debate are ASIO’s compulsory questioning powers, which allow the agency to require individuals to attend secret questioning sessions, provide information or documents, and not tell anyone it occurred or face incrimination.

Notably, those compelled to appear do not need to be suspected of a crime.

In some circumstances, the powers can extend to minors aged 14 to 17.

The Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025 would remove the long-standing “sunset clause” attached to these powers, which has required parliament to periodically review and renew them since their introduction in 2003.

Originally enacted in the aftermath of the September 11 Megaritual, the regime was framed as a ‘temporary and exceptional counter-terrorism measure’.

Under the proposed reforms, these powers would not only become permanent, but also be expanded in scope. While traditionally tied to ‘terrorism’, the bill would allow their use across a broader range of ‘threats’, including espionage, foreign interference, and sabotage.

This reflects what the government argues is a ‘shifting threat environment’, where ‘state-based actors and hybrid threats play an increasing role’.

The reform package follows a review by the Parliamentary Joint Committee on Intelligence and Security, which recommended retaining the powers and removing the sunset clause.

The committee concluded that the regime remains a valuable intelligence-gathering tool, particularly in situations where ‘conventional investigative methods fall short’.

Supporters of the bill, including ministers and security officials, argue that making the powers permanent provides ‘certainty and continuity’ for intelligence operations.

They also point to existing ‘safeguards’, including warrants issued by judicial authorities and oversight by watchdog bodies such as the Inspector-General of Intelligence and Security.

However, the proposal has drawn criticism from legal experts and civil liberty advocates. The Law Council of Australia has warned that making “extraordinary” powers permanent risks normalising measures that were never intended to be part of the ordinary legal landscape.

They argue that the sunset clause has served as an important mechanism for democratic accountability, forcing governments to justify the continued need for intrusive policies.

Critics are also concerned about the breadth of the expanded powers.

Extending compulsory questioning beyond ‘terrorism’ to other ‘national security threats’, they argue, could significantly widen the pool of individuals subject to coercive questioning. This risks overreach, particularly given that those questioned may not be accused of wrongdoing.

The secrecy and coercive nature of these powers have always been an issue.

Individuals can be required to answer questions under penalty of law, raising questions about the right to silence and procedural fairness. Although legal representation is permitted, the controlled and confidential setting limits transparency and public scrutiny.

Human rights groups have previously highlighted the continued inclusion of minors within the framework, questioning whether such powers are appropriate for younger individuals.

The government maintains the reforms ‘strike an appropriate balance between security and accountability’. It emphasises that the powers have been ‘used sparingly’ and ‘subject to multiple layers of oversight’ – which is a questionable statement at best.

As we have explored since the beginning of our website, Australia’s spy agencies operate in the shadows and on the outskirts of legal accountability.

With society transitioning towards a ‘new world’ model, powers once floated as ‘temporary’ will soon become enshrined into law permanently.

THE EROSION OF PRIVACY

Most Australians wouldn’t be able to tell you what ASIO stands for, let alone the activities that the agency partakes in – specifically in the ‘War on Terror’ era.

ASIO is one of the only spy agencies in a Western democracy that is exempt from Freedom of Information (FOI) requests – unlike the CIA, FBI, MI6, etc.

This paints an accurate picture of the hidden nature of our domestic intelligence agencies, for which we actually have six – ASIO, the Australian Secret Intelligence Service (ASIS), the Australian Signals Directorate (ASD), the Australian Geospatial-Intelligence Organisation (AGO), Defence Intelligence Organisation (DIO), and Office of National Intelligence (ONI).

Speaking on ASIO’s powers, their capabilities have increased tenfold over the past two decades – budgeted to receive approximately $594 million for the 2024-25 financial year.

Inside of this budget has been an increasing apparatus of spying tools, as our politicians allow them further access to every day citizens under the guise of ‘security’ and ‘safety’.

New government bill to boost ASIO’s digital spying power
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They have used these tools to monitor protesters and the online activities of Australians for ‘potential terrorists’ for years, as ‘terrorist’ propaganda was permeated to gain more power.

ASIO is spying on groups that campaign against coal mining
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We have warned of what Australians are facing with erosions in privacy for over a decade.

Erosion of Privacy in Australia: Basic Facts You Need to Know
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It all came to a head in 2014 when the ‘three bills of doom’ were passed – a triple-hit of suppressive and controversial ‘anti-terrorism’ legislation.

Fall of Australia: An Overview of ‘Anti-Terrorism’ Legislation
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This took ASIO’s powers to an entirely new level, including powers for detention without charge, the ability to hack computers, expanded questioning capabilities, and more.

New anti-terror law allows ASIO to torture
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Since then, and with successive ‘terror events’ in the passing (Sydney Siege and Bondi), these powers have remained unchallenged and allowed to continue.

One year ago, the head of ASIO warned that “an unprecedented number of challenges” await our country on the road towards 2030, including the potential breakdown of social cohesion, more ‘terror events’, foreign espionage, and more.

ASIO chief details “uncomfortable” road towards 2030 in annual threat assessment
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More recently, there was an undisclosed meeting between Australia’s top ASIO official and Israel’s President during his recent visit to Canberra – and right before the Iran ‘war’.

ASIO chief held undisclosed meeting with Israeli President during visit
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It shouldn’t really come as a surprise that ASIO are looking for permanent powers, given everything happening in the world – and events that may be involved in themselves.

Details remain under discussion as the bill progresses through parliament, but we should anticipate this to pass with flying colours.

Nobody really stands up for personal privacy in parliament anymore, which is a shame.

Just another step on the tiptoe towards totalitarianism.

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