{"id":"F2020L01134","name":"Coronavirus Economic Response Package (Deferral of Sunsetting—ASIO Special Powers Relating to Terrorism Offences) Determination 2020","slug":"coronavirus-economic-response-package-deferral-of-sunsetting-asio-special-powers-relating-to-terrori","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":113547,"registerId":"commonwealth-F2020L01134-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Coronavirus Economic Response Package (Deferral of Sunsetting—ASIO Special Powers Relating to Terrorism Offences) Determination 2020","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nLIN 2020/135\n\nCoronavirus Economic Response Package (Deferral of Sunsetting—ASIO Special Powers Relating to Terrorism Offences) Determination 2020\n\nI, Peter Dutton, Minister for Home Affairs, under subitem 1(2) of Schedule 16 to the Coronavirus Economic Response Package Omnibus Act 2020, determine that Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979:\n\n(a) continues to operate until 7 March 2021; and\n\n(b) ceases to operate on that day.\n\nThis instrument commences on the day after it is registered.\n\nDated                                   3 September 2020\n\n \n\n \n\n \n\n \n\nPeter Dutton\n\nMinister for Home Affairs\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument itself is narrow — it simply defers an expiry date. However, the legislative strategy represents significant scope creep. These terrorism powers were being extended via the 'Coronavirus Economic Response Package' — an emergency economic stimulus bill designed for pandemic financial relief. This allowed the Government to bypass the usual parliamentary scrutiny that sunsetted security powers would normally receive (such as a standalone National Security Legislation Amendment bill). The 'scope' of the COVID economic package was stretched to include national security powers, effectively changing how Parliament reviews contentious counter-terrorism measures."},"complexity_factors":["Extremely short instrument — only 2 operative paragraphs","No defined terms in the instrument itself (relies entirely on external references)","Simple conditional structure: single determination with two straightforward subparagraphs","Heavy reliance on cross-referencing: requires understanding of 'subitem 1(2) of Schedule 16 to the Coronavirus Economic Response Package Omnibus Act 2020' and 'Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979' to understand effect","No exceptions, nested conditions, or procedural requirements within the instrument"],"plain_english_summary":"This is a short legal instrument that extends the life of special spy powers for ASIO (Australia's domestic intelligence agency) that were about to expire.\n\n**What it does:**\n- **Delays the expiry** of Division 3 of Part III of the ASIO Act 1979 until 7 March 2021\n- These are **special questioning and detention powers** that let ASIO compel people to answer questions about terrorism (with penalties for refusing), and in some circumstances detain people without charge for up to 7 days\n\n**Why it matters:**\n- These powers were due to \"sunset\" (automatically expire) under the original law\n- The Government used emergency COVID-19 legislation to keep them alive longer\n- This was controversial because terrorism powers were being extended through an economic stimulus bill\n\n**Who it affects:**\n- Primarily people ASIO suspects have information about terrorism\n- Also affects lawyers, journalists and others who might be compelled to give evidence in secret\n\n**Key context:**\nThese are among ASIO's most intrusive powers — they allow secret questioning (where you can't tell anyone you've been questioned) and temporary detention without charge. The Government argued they were still needed during the pandemic; critics said it was a sneaky way to avoid proper parliamentary scrutiny of controversial security powers."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument changes the temporal scope of Division 3 of Part III of the ASIO Act 1979 by deferring its automatic cessation and fixing a new termination date of 7 March 2021 (instrument text: the determination that the Division \"continues to operate until 7 March 2021\" and \"ceases to operate on that day\"). It does not change the substantive content or coverage of Division 3; the change is limited to how long those existing powers remain in force. The instrument commences the day after registration (so the effective start depends on registration), and is issued under subitem 1(2) of Schedule 16 to the Coronavirus Economic Response Package Omnibus Act 2020."},"complexity_factors":["Narrow, single-issue instrument that changes only the temporal operation of an existing statutory Division (low substantive complexity).","Relies on definitions and substantive rules located in another statute (Division 3 of Part III of the ASIO Act 1979), so legal effect depends on external provisions.","Reference to a specific power in another Act (subitem 1(2) of Schedule 16 to the Omnibus Act) requires cross-referencing to understand the minister's statutory authority.","Temporal specificity (fixed end date) simplifies interpretation but requires attention to commencement/registration timing.","No procedural, definitional or operational amendments within the instrument itself, reducing interpretive layers."],"plain_english_summary":"This ministerial determination uses power under the Omnibus Act to extend the operation of Division 3 of Part III of the ASIO Act until 7 March 2021 (ceasing that day). It does not change Division 3’s substance — it simply prolongs the period during which ASIO, other agencies and any persons subject to those powers remain affected."}},"importantCases":[],"_links":{"self":"/api/acts/coronavirus-economic-response-package-deferral-of-sunsetting-asio-special-powers-relating-to-terrori","history":"/api/acts/coronavirus-economic-response-package-deferral-of-sunsetting-asio-special-powers-relating-to-terrori/history","analysis":"/api/acts/coronavirus-economic-response-package-deferral-of-sunsetting-asio-special-powers-relating-to-terrori/analysis","conflicts":"/api/acts/coronavirus-economic-response-package-deferral-of-sunsetting-asio-special-powers-relating-to-terrori/conflicts","importantCases":"/api/acts/coronavirus-economic-response-package-deferral-of-sunsetting-asio-special-powers-relating-to-terrori/important-cases","documents":"/api/acts/coronavirus-economic-response-package-deferral-of-sunsetting-asio-special-powers-relating-to-terrori/documents"}}