The Australian government has introduced legislation to make the domestic spy agency Asio's compulsory questioning powers permanent, ignoring warnings from human rights advocates. The bill, brought forward by Home Affairs Minister Tony Burke, would also expand the offences covered by the rules to include sabotage, promotion of communal violence, attacks on the defence system, and serious threats to border security.
The powers, introduced after the 11 September 2001 attacks, allow Asio to issue warrants requiring individuals as young as 14 to provide information or items relevant to serious investigations. Currently scheduled to sunset on 7 September this year, the bill would remove these sunset provisions, meaning parliament would no longer need to regularly reconsider the powers. A temporary 18-month extension will allow parliament to debate the wider bill.
Burke described the powers as 'a vital capability in protecting Australia and Australians from threats to their security', noting they have been subject to five parliamentary reviews and two independent reviews. He said removing the sunset clause reflects the government's view that the powers are now essential, given the current threat environment. Asio Director General Mike Burgess has warned of increasing sabotage threats, including potential targeting of Aukus submarines.
Human rights advocates have criticised the move. Australian Human Rights Commissioner Lorraine Finlay has previously warned against extending the laws, noting they were initially designed as temporary. The Australian Human Rights Commission told a parliamentary inquiry that the powers 'limit human rights without reasonable justification'. The Law Council also objected, arguing the sparing use of the powers suggests existing investigative tools are sufficient.
The bill is expected to pass with Coalition support later this year. A previous inquiry into the powers lapsed at the federal election without issuing a report.
