
ASIO (the Australian Security Intelligence Organisation) plays a key role in keeping all Australians safe in a troubled world. But, according to their governments, so does ICE in the US, and the FSB and SVR in Russia. Probably the Germans thought the Gestapo kept them safe, well not Jews, the Sinti and Roma people, and homosexuals of course… The question is what is the fine line between power and accountability and how are transparency and coercive control managed to keep citizens safe rather than keep citizens controlled and silenced? What is it that keeps us a democracy rather than a fascist state?
Once again it was the independent Australian members of parliament that stepped up and questioned making the temporary, extraordinary powers of ASIO, introduced following 9/11 permanent. The Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025 that was passed by the House of Representatives on 12 February (106 in favour and 8 against) will make compulsory questioning powers permanent by removing the sunset clause that ensured the need for the laws to be reviewed by parliament regularly, if it passes through the Senate in the next few weeks.
The ASIO Bill also expanded the scope of ASIO’s powers to include compulsory questioning of children as young as 14, removed the right to silence, restricted legal representation, and expanded the powers of ASIO to include broadening the scope of questioning warrants to include sabotage, promotion of communal violence, attacks on defence systems, and threats to territorial/border integrity.
Speaking against the bill independent MP for Warringah Zali Steggall said, ‘sunset clauses are crucial democratic safeguards. They force the parliament to look at the evidence and to consider if laws remain fair and necessary, removing them strips parliament of oversight and undermines accountability.’
The Law Council of Australia also opposed the proposal to remove ‘the safeguard provided by periodic review and public scrutiny’.
The ASIO Bill also ‘expands the scope of those powers and most concerning, it allows powers to apply to minors as young as 14. Despite ASIO previously stating it does not need those powers in relation to children,’ said Ms Steggall on 11 February this year.
‘ASIO is on the record stating it does not [need] powers in relation to border integrity, but they have been included in this bill regardless. Under this legislation, the scope of adult questioning warrants essentially covers ASIO’s entire security remit, a drift far from the original purpose of the legislation.’
On 12 February, independent MP for Curtin Kate Chaney told parliament that, ‘This bill engages some of the most extraordinary powers in our law, compulsory questioning by ASIO’.
‘These powers are intrusive and profoundly interfere with multiple rights, including the right to silence, freedom of movement, access to legal representation, and the privilege against self-incrimination, they must be paired with robust, routine oversight.
‘The organisation (ASIO) specifically recognised that for ASIO to fulfil its mission, it must maintain the confidence and trust of the Australian people, the parliament, and government.’
Neither Ms Chaney’s amendments, nor other similar amendments by Ms Steggall and others, were supported by the Australian Labor Party or the Liberal-National Coalition, who voted against them.
This bill is now with the Australian Senate for a final reading, debate, and vote in April or May 2026. If the Labor and the Liberal-National Coalition continue to vote as a block in favour of this bill then it will pass as they hold 56 seats together and the simple majority needed is 39 to pass the bill. If you object to the ASIO Bill you can contact your senators and let them know your concerns and suggested amendments. Currently Liberal Senator Alex Antic is opposed and the Australian Greens, who hold ten seats in the Senate, have traditionally opposed expanding ASIO’s compulsory questioning powers, viewing them as dangerous and overreaching. One Nation has also traditionally been opposed to surveillance-expanding laws.
The electorate is changing, with around a third of the electorate voting for independents in the last federal election. Younger voters are not as tied to any particular party as previous generations, with minor parties and independent candidates in the federal election receiving 34 per cent of the vote compared to four per cent 50 years ago. This is because they want real representation, they want accountability, they want their representatives to think, consider, and be responsible for the decisions they make – not to walk lock step towards reducing freedoms that are essential to democracies and a fair society for all.


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