Expanded Scope and Oversight for ASIO Questioning Warrants
Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025
House of Representatives
Senate
Assent
Topics
civil liberties espionage foreign interference government oversight intelligence gathering national security surveillance
Introduced by: The Hon Tony Burke MP (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
ASIO can now use questioning warrants for matters involving espionage, sabotage, foreign interference; this includes threats to border integrity
ASIO must use an independent retired judge (the 'prescribed authority') to question people or request records if the person has been charged with a related offence
Defence Force members, APS employees, and members of parliament are banned from being appointed as the independent retired judge who oversees ASIO questioning (the 'prescribed authority')
The Attorney-General can fire the retired judge overseeing ASIO questioning (the 'prescribed authority') for misbehaviour or incapacity
The Attorney-General must fire the retired judge overseeing ASIO questioning (the 'prescribed authority') if they go bankrupt or have a conflict of interest
Reporting entities must tell the Attorney-General if a warrant was used in a way that broke guidelines or laws