This Act changes one line in the Australian Security Intelligence Organisation Act 1979: it replaces the date in section 34JF so that Division 3 (the ASIO compulsory questioning warrant framework) will continue to operate until 7 March 2027 instead of 7 September 2025. (See Schedule 1, item 1; amendment to section 34JF.)
The amendment takes effect the day after the Act receives Royal Assent.
Who is affected
ASIO (the agency): retains the ability to seek and rely on compulsory questioning warrants under Division 3 for an additional 18 months.
The Attorney‑General and the Director‑General of Security: continue to play their existing roles in authorising and issuing questioning warrants (Director‑General requests; Attorney‑General approves under the Division 3 framework described in the ASIO Act).
People who may be the subject of compulsory questioning warrants: the extension keeps in place a legal regime that can compel appearance, production of things, and questioning in specified national‑security matters (including the rights, obligations and criminal penalties that accompany those powers under Division 3).
Law enforcement and prescribed authorities (those who supervise questioning): continue operating under the current Division 3 processes and obligations.
Why it matters (stated purpose, then tested against trade‑offs)
Stated purpose: the Explanatory Memorandum says the extension is to "allow ASIO to continue to access Division 3 powers while more substantive reforms to Division 3 progress through Parliament."
This Act amends the Australian Security Intelligence Organisation Act 1979 by a single change in Schedule 1. Item 1 omits the date 7 September 2025 in section 34JF and substitutes 7 March 2027. The amendment took effect on 6 September 2025, the day after royal assent on 5 September 2025. Division 3 of Part III therefore continues in force for an additional 18 months. The sole Schedule contains only this item. No other sections, definitions or procedures are altered. The Explanatory Memorandum states the extension allows the Australian Security Intelligence Organisation continued access to compulsory questioning warrants while more comprehensive reforms progress through Parliament. The sunsetting provision in section 34JF has now been extended five times since its introduction in 2003. Previous extensions occurred through the ASIO Legislation Amendment Act 2006, the Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014, the Counter-Terrorism Legislation Amendment Act (No. 1) 2018, the Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Act 2019 and the Australian Security Intelligence Organisation Amendment Act 2020. This Act follows the same temporary approach rather than repealing the sunset clause.
Main concepts
The central concept is the compulsory questioning warrant framework in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979. Division 3 authorises the Director-General of Security to request, and the Attorney-General to issue, warrants that compel adults to answer questions on defined security matters. Key elements include the process for warrant authorisation under Subdivision B, police powers of apprehension and search under Subdivision C, the conduct of questioning sessions under Subdivision D, rules for use and disclosure of obtained material under Subdivision E, rights to legal representation under Subdivision F and offences for non-compliance under Subdivision G. A prescribed authority, appointed from former superior court judges, Administrative Review Tribunal presidents or senior counsel with at least ten years standing, supervises each session. The adult questioning matter definition in section 34A currently covers espionage, politically motivated violence and foreign interference. The sunsetting mechanism in section 34JF sets the outer limit of these powers. The Bills Digest explains that the framework was introduced in 2003 as a measure of last resort and has been extended repeatedly to permit ongoing operation while reviews occur. This Act simply shifts the end date without modifying any of these concepts.
Official source available
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Amends the Australian Security Intelligence Organisation Act 1979 to extend the operation of the Australian Security Intelligence Organisation’s compulsory questioning warrant framework for a further 18 months.
Parliamentary progress
Progress
House of Representatives
Introduced and read a first time
23 Jul 2025
Second reading moved
23 Jul 2025
Second reading debate
30 Jul 2025
Referred to Federation Chamber
30 Jul 2025
Second reading debate
30 Jul 2025
Second reading agreed to
30 Jul 2025
Reported from Federation Chamber
31 Jul 2025
Third reading agreed to
31 Jul 2025
Senate
Introduced and read a first time
31 Jul 2025
Second reading moved
31 Jul 2025
Second reading agreed to
04 Sep 2025
Third reading agreed to
04 Sep 2025
Finally passed both Houses
04 Sep 2025
Assent
Act no: 41
Year: 2025
05 Sep 2025
Notes
Documents and transcripts
Text of bill
First reading
As passed by both Houses
Explanatory memoranda
Explanatory memorandum
Transcript of speeches
All second reading speeches
Minister's second reading speech
Proposed amendments
No proposed amendments have been circulated.
Schedules of amendments
No documents at present
Bills digest
Bills Digest
Notes
Referred to Committee (27/08/2025): Parliamentary Joint Committee on Intelligence and Security; Committee report (28/08/2025)
Practical effects and trade‑offs:
Maintains the status quo: the extension does not change the content or scope of Division 3 powers — it only delays the sunsetting of those powers until March 2027 (section 34JF as amended). Whoever would have been authorised or affected under the existing rules remains so authorised or affected for the extra 18 months.
Who pays / who bears risk: the primary immediate cost is borne by people who could be subjected to compulsory questioning and related enforcement measures, because their exposure to those powers continues. Administrative costs to government continue (ASIO, Attorney‑General's Office, police for warrant execution). The measure preserves the benefits to ASIO and to national‑security actors of continued access to compulsory questioning warrants.
Incentives and opportunity cost: by extending the sunset rather than deciding the substantive policy now, Parliament delays a final decision on whether to make the powers permanent, to reform them, or to let them lapse. That postponement benefits parties that value continuity (ASIO and supporting agencies) and imposes an opportunity cost on those who prefer repeal or reform (they must wait longer for legislative change). It also creates an incentive for incremental extensions rather than immediate comprehensive resolution.
Implementation and oversight risk: the amendment keeps in place an existing framework that has been repeatedly extended (the Bill materials note five prior extensions). Repeated short extensions risk making a temporary power effectively long‑term by attrition without a single definitive decision. The extension preserves existing oversight and reporting obligations in the ASIO Act; it does not itself add new oversight mechanisms.
Compliance burden and discretion: the Act does not alter individual legal duties or the decision‑makers’ discretions under Division 3 — it simply keeps them alive for longer. Those duties include obligations on persons subject to warrants and the role of prescribed authorities and the Attorney‑General in authorising and supervising warrants (as described in Division 3).
Source grounding and limits of this Amendment
This Act is a single technical amendment to the sunset date in section 34JF. It does not expand or narrow the list of matters on which questioning may be authorised, nor does it change who may be appointed as a prescribed authority or the warrant authorisation process. More substantive changes to Division 3 are dealt with in separate legislation (discussed in the explanatory material), but are not part of this Act.
Concise takeaway
Mechanically: one date is changed so ASIO’s compulsory questioning framework remains law until 7 March 2027.
Practically: it prolongs the current regime (benefit to ASIO and national‑security operations) and prolongs exposure for individuals who could be compelled to attend or produce material (cost to those individuals), while deferring a definitive parliamentary decision on reform or repeal.
Who it affects
The Act directly affects the Australian Security Intelligence Organisation, which retains access to the questioning powers until 7 March 2027. The Attorney-General continues to authorise warrants and appoint prescribed authorities. Individuals who become the subject of a compulsory questioning warrant remain subject to the existing obligations and protections in Division 3. Prescribed authorities continue to supervise questioning sessions and issue directions. Police officers retain the ancillary powers of apprehension, entry and seizure when authorised by a warrant. The Parliamentary Joint Committee on Intelligence and Security retains its oversight role, having reported on the Bill on 28 August 2025. The Parliamentary Joint Committee on Human Rights and the Senate Standing Committee for the Scrutiny of Bills examined the Bill in August 2025. No new classes of person are brought within the framework by this Act. The extension maintains the status quo for all existing participants in the warrant process.
What people will want to know
People will want to know that the compulsory questioning powers have not been expanded or made permanent by this Act. The only change is an 18-month continuation of the existing framework. Individuals asked to attend questioning retain the same rights to legal representation and the same obligations to answer questions or produce records. Failure to comply still carries the penalties set out in Subdivision G. The Attorney-General must still be satisfied that the warrant is necessary before issuing it. No new grounds for questioning, such as sabotage or promotion of communal violence, are introduced here. Those matters appear in the separate Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025. The extension simply prevents the powers from lapsing on 7 September 2025 while Parliament considers longer-term reforms. The Act does not alter any reporting requirements or oversight arrangements that already apply to each warrant.
Status and what happens next
The Bill received royal assent on 5 September 2025 and became Act No. 41 of 2025. It commenced the following day. The legislation has completed all parliamentary stages: introduction and first reading in the House of Representatives on 23 July 2025, second reading debate and agreement on 30 July 2025, third reading on 31 July 2025, introduction and passage in the Senate on 31 July and 4 September 2025 respectively. No amendments were proposed or agreed during passage. The Parliamentary Joint Committee on Intelligence and Security reported on 28 August 2025 after referral on 27 August 2025. The Act is now in force and section 34JF operates with the new cessation date of 7 March 2027. Further reform of Division 3 is contained in the separate Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025, which remains before Parliament. An electronic version of the Act is available on the Federal Register of Legislation.
Powers, duties and rights created
This Act creates no new powers, duties or rights. It preserves the existing framework in Division 3 of Part III until 7 March 2027. Under that framework the Director-General of Security holds the power to request a compulsory questioning warrant and the Attorney-General holds the power to issue it when satisfied of the statutory criteria. A prescribed authority holds the duty to supervise questioning, inform the subject of rights and make directions about the conduct of the session. The subject of a warrant holds the right to legal representation and the duty to answer questions and produce requested records or things. Police officers hold powers to apprehend the subject, enter premises and seize items when authorised by the warrant. Offences for non-compliance remain in Subdivision G. The only alteration effected by the Act is the temporal extension of these pre-existing powers, duties and rights through the amendment to section 34JF.
Money, penalties and enforcement
The Act introduces no new financial provisions, penalties or enforcement mechanisms. Existing penalties for non-compliance with a compulsory questioning warrant continue unchanged. These penalties are located in Subdivision G of Division 3 and include offences for failing to appear, failing to answer questions or produce records, and disclosing information about the warrant. Maximum penalties remain those set out in the Australian Security Intelligence Organisation Act 1979. Enforcement continues to be the responsibility of the Australian Federal Police and the Director of Public Prosecutions. No appropriation or funding measure is contained in the Act. The Bills Digest notes that the framework has operated since 2003 without specific additional funding allocations being identified for the questioning powers themselves. Oversight bodies such as the Inspector-General of Intelligence and Security retain their existing inspection and reporting functions in relation to any warrants issued during the extended period.
Pressure points and controversies
The official materials identifies ongoing policy trade-offs between maintaining national security tools and preserving civil liberties. The Australian Human Rights Commission recommended in its submission to the 2023-25 Parliamentary Joint Committee on Intelligence and Security inquiry that Division 3 be permitted to sunset on 7 September 2025. In contrast, the Australian Security Intelligence Organisation sought a five-year extension to September 2030 and the Department of Home Affairs recommended repeal of the sunset clause entirely, subject to regular independent review. The Law Council of Australia emphasised the need for ongoing independent scrutiny to ensure continuing necessity and proportionality. The Greens sought referral of the companion Bill (No. 2) to a legislation committee, expressing concern about repeated extensions of powers originally intended as temporary. The Coalition indicated support for the extension without amendment. The Bills Digest records that the sunsetting provision has been extended five times since 2003, illustrating a pattern of temporary continuation rather than permanent entrenchment or outright repeal. These positions reflect differing assessments of whether the current safeguards remain adequate for the extended period.
What changes if it passes
Because the Act has received royal assent, the compulsory questioning warrant framework in Division 3 of Part III continues without interruption until 7 March 2027. The Australian Security Intelligence Organisation retains the ability to request warrants on the existing grounds of espionage, politically motivated violence and foreign interference. The Attorney-General retains the power to issue such warrants and to appoint prescribed authorities. Individuals subject to warrants continue to enjoy the same rights to legal representation and face the same obligations and penalties. No new categories of conduct become subject to compulsory questioning under this Act. The change simply shifts the outer limit of the framework by 18 months, providing a window for Parliament to consider the more comprehensive amendments proposed in the Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025. All existing oversight, reporting and review mechanisms remain in place for the extended period.
Social post angles
ASIO questioning powers extended 18 months: the Act shifts the sunset date in section 34JF to 7 March 2027 while broader reforms are prepared. 2. Temporary continuation of compulsory warrants: Parliament chose an 18-month bridge rather than permanent removal of the sunset clause. 3. Five prior extensions since 2003: this latest change follows a consistent pattern of short-term renewals pending review. 4. No new questioning grounds in this Act: sabotage and communal violence remain outside the current framework until Bill No. 2 advances. 5. Prescribed authorities unchanged: former judges and senior counsel continue to supervise sessions under existing eligibility rules. 6. Oversight committees reported quickly: the Parliamentary Joint Committee on Intelligence and Security delivered its report within days of referral. 7. Rights and penalties stay the same: subjects retain legal representation rights and face the same non-compliance offences. 8. Next steps lie with Bill No. 2: comprehensive changes to adult questioning matters and prescribed authority rules await further parliamentary consideration.
Considered by scrutiny committee (27/08/2025): Parliamentary Joint Committee on Human Rights; Report 4 of 2025
Considered by scrutiny committee (27/08/2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 4 of 2025
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)
This Bills Digest replaces a preliminary Digest published on 28 July 2025 to assist in early consideration of the Bill.
Key points
The Australian Security Intelligence Organisation Amendment Bill (No. 1) 2025 (ASIO Amendment Bill (No. 1)) amends the Australian Security Intelligence Organisation Act 1979 (ASIO Act) to extend the current sunsetting date of Division 3 of Part III (compulsory questioning powers) for an additional 18 months, until 7 March 2027.
This will allow the Australian Security Intelligence Organisation (ASIO) to continue to access Division 3 powers while more substantive reforms to Division 3 progress through Parliament.
As part of the more substantive reforms, the Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025 (ASIO Amendment Bill (No. 2)) amends the ASIO Act to make more comprehensive amendments to Division 3. These include:
removing the sunset provision, which is currently contained in section 34JF
The sunset provision has been extended five times since it was originally introduced in 2003.
expanding the scope of adult questioning warrants to include new grounds,including sabotage, and promotion of communal violence,on which individuals can be compulsorily questioned
amendments relating to ‘prescribed authorities’ (being persons who supervise the questioning process) including new disqualifying criteria and
new requirements for compulsory questioning in circumstances where a person has been charged, or where such a charge is imminent.
Introductory Info
Date of introduction: 23 July 2025
House introduced in: House of Representatives
Portfolio: Home Affairs
Commencement: The day after Royal Assent
Purpose and Structure of the Bills
Australian Security Intelligence Organisation Amendment Bill (No. 1) 2025
The Australian Security Intelligence Organisation Amendment Bill (No. 1) 2025 (ASIO Amendment Bill (No. 1)) amends the Australian Security Intelligence Organisation Act 1979 (ASIO Act) to extend the current sunsetting date of Division 3 (compulsory questioning powers) of Part III (referred to throughout the Digest as ‘Division 3’) for 18 months.
The sole Schedule in the ASIO Amendment Bill (No. 1) contains one item (Item 1) which extends the operation of Division 3 by 18 months, until 7 March 2027.
The extension of the sunsetting provision for Division 3 contained in the ASIO Amendment Bill (No. 1) provides ASIO with continued access to the compulsory questioning powers ‘while appropriate reforms to the framework are developed and progressed through Parliament’ (Explanatory Memorandum, p. 2). More comprehensive reforms to Division 3 are contained in ASIO Amendment Bill (No. 2).
Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025
The Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025 (ASIO Amendment Bill (No. 2)) provides more comprehensive amendments to Division 3. These include:
removing the sunset provision contained in current section 34JF
expanding the scope of adult questioning warrants to include new grounds,such as sabotage, and promotion of communal violence,on which individuals can be questioned and
amendments to requirements relating to ‘prescribed authorities’, including new grounds that would disqualify prospective prescribed authorities from being appointed, and amending when the Attorney-General can terminate the appointment of a prescribed authority.
Additionally, ASIO Amendment Bill (No. 2) makes a consequential amendment to the Intelligence Services Act 2001 to require the Parliamentary Joint Committee on Intelligence and Security to review the amendments contained in the Bill on the third anniversary of their commencement.
Background to Division 3, Part III of the ASIO Act
Brief overview of Division 3 framework
Division 3 provides the framework for ASIO’s compulsory questioning powers, which were originally introduced in 2003. Among other things, Division 3 establishes:
the process for the authorisation and issuing of a compulsory questioning warrant, which must be requested by the Director-General of Security of ASIO and approved by the Attorney-General (Subdivision B)
relevant apprehension and search powers of police officers as authorised by the compulsory questioning warrant, including apprehending persons, entering premises, the use of force, and the power to seize items (Subdivision C)
the process and requirements for questioning persons who are subjects of a compulsory questioning warrant (Subdivision D)
the authorisation, use and disclosure of material obtained during questioning, including to find other material (often referred to as ‘derivative material’), and how such questioning and derivative material may be used (Subdivision E)
the rights of persons subject to a compulsory questioning warrant in relation to access to lawyers and, if the subject is a minor, access to a representative (Subdivision F) and
offences for non-compliance with aspects of the Division 3 framework (Subdivision G).
Inclusion of sunsetting provision in originating legislation: 2003
Section 34JF of the ASIO Act provides that Division 3 of Part III of the ASIO Act ceases to have effect on 7 September 2025. Item 1 of the ASIO Amendment Bill (No. 1) would amend section 34JF to substitute a cessation date of 7 March 2027. This amendment would commence the day after the Bill receives Royal Assent. Item 1 of the ASIO Amendment Bill (No. 2) would repeal section 34JF, which would make Division 3 of Part III a permanent fixture of the ASIO Act.
Division 3 was originally introduced into the ASIO Act by the Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003. In the second reading speech for this legislation, the Parliamentary Secretary to the Treasurer described the warrants as ‘a measure of last resort’, noting that it was anticipated that Division 3 warrant powers ‘will be used rarely and only in extreme circumstances.’ (p. 10584).
The Human Rights Commissioner, Lorraine Finlay, has recently stated in relation to ASIO Amendment Bill (No. 1) and ASIO Amendment Bill (No. 2) that the compulsory questioning powers ‘were never intended to be permanent’. However, it appears that the Howard Government did intend to make such measures a permanent fixture of the ASIO Act, as it did not wish to include a sunset provision in the original legislation. It was stated in the second reading speech (p. 10583) that the Howard Government did ‘not believe that a sunset clause is appropriate’. However, to secure Opposition support for the Bill, the Government included a 3-year sunset clause (which became then-section 34Y of the ASIO Act, which at the time provided that Division 3 of Part III would cease to be in force on 23 July 2006).
Previous sunsetting extensions
Since the original sunset provision was introduced and set to expire on 23 July 2006, the sunsetting provision contained in Division 3 of Part III of the ASIO Act has been extended five times. These extensions are briefly discussed in the table below:
Table 1: Sunsetting history of Division 3, Part III of the ASIO Act.
Sunsetting extension
Year
Legislation and explanation
1st
2006
The ASIO Legislation Amendment Act 2006 amended section 34Y, which became section 34ZZ. Section 34ZZ provided that Division 3 would cease to be in force on 22 July 2016, extending the sunset provision by 10 years.
2nd
2014
The Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 amended section 34ZZ, extending the sunset date to 7 September 2018.
3rd
2018
The Counter‑Terrorism Legislation Amendment Act (No. 1) 2018 amended section 34ZZ, extending the sunset date to 7 September 2019.
In February 2017 an Inquiry was commenced by the Parliamentary Joint Committee on Intelligence and Security (PJCIS) into ASIO’s questioning and detention powers, with a focus on reviewing Division 3. The PJCIS handed down its Inquiry Report in March 2018 (PJCIS 2018 Report), recommending the repeal of Division 3 and its replacement with a reformed ASIO compulsory questioning framework. To allow for the development and implementation of the new framework, the PJCIS recommended that the Division 3 sunset date of 7 September 2018 be extended by 12 months.
4th
2019
The Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Act 2019 amended section 34ZZ to extend the sunset date to 7 September 2020.
5th
2020
Finally, and in light of recommendations made in the PJCIS 2018 Report, the Australian Security Intelligence Organisation Amendment Act 2020 repealed section 34ZZ and introduced the current section 34JF. This legislation, among other things, expanded the scope of questioning warrants, enabling their use in relation to espionage, politically motivated violence, and foreign interference investigations (Explanatory Memorandum, p. 2). The legislation also extended the sunset date to 7 September 2025, where it currently remains.
Parliamentary Joint Committee on Intelligence and Security: Review of Division 3 of Part III of the ASIO Act
In the 47th Parliament, the PJCIS commenced a review into the operation, effectiveness and implications of Division 3 of Part III of the ASIO Act. While ultimately the inquiry lapsed on the dissolution of the House of Representatives on 28 March 2025 for the federal election, the Inquiry provided a chance for stakeholders to comment on the operation of Division 3. Stakeholder comments, where relevant to provisions discussed below, have been included.
Regarding sunsetting, in its submission to the 2023-25 PJCIS Inquiry, ASIO requested that the sunsetting of Division 3 be extended for a further five years, to September 2030 (p. 8). The Department of Home Affairs recommended repealing the sunset clause entirely (Home Affairs submission to the 2023-25 PJCIS Inquiry, p. 12). However, Home Affairs noted that should the sunset clause be repealed, ‘a regular independent or Parliamentary review is required’ (p. 12). The Law Council of Australia, in its submission, emphasised the need for ‘the ongoing, independent review of [Division 3, Part III of the ASIO Act] to ensure its continuing necessity and proportionality’ (p. 28).
The Australian Human Rights Commission (AHRC) recommended that Division 3 be permitted to sunset on 7 September 2025 (AHRC Submission to the 2023-25 PJCIS Inquiry,
p. 5).
Policy position of non-government parties and independents
The Coalition
On 30 July 2025, the Shadow Minister for Home Affairs, Andrew Hastie, declared the Coalition’s support for the ASIO Amendment Bill (No. 1):
This legislation will ensure there is no disruption to ASIO's access to these powers while further reforms are considered by the parliament…
I want to put on the record very, very clearly that the coalition will always support sensible reforms which empower Australian men and women serving on the front line in intelligence and law enforcement roles. We'll always back our intelligence officers in ASIS, our intelligence officers in ASIO and the AFP officers in law enforcement, who every day in the shadows work hard to keep us safe. So we'll be supporting this bill without amendment.
Mr Hastie also stated in relation to the ASIO Amendment Bill (No. 2) that:
the second bill,which we're not considering today, but it's worth foreshadowing,will modernise the compulsory questioning powers to include those more pressing threats. We know that the ASIO director-general has talked often over the years about espionage and foreign interference and now sabotage being real and pressing threats to Australian national security, and that's why it's good that we're updating these laws.
Barnaby Joyce commended the ASIO Amendment Bill (No. 1), and Michael McCormack indicated support for both Bills.
The Greens
On 23 July 2025, the Senate Selection of Bills Committee met and agreed its Report No. 3 of 2025. In that report the Committee deferred consideration of ASIO Amendment Bill (No. 1) and ASIO Amendment Bill (No. 2) to its next meeting. On 24 July 2025, a motion was moved in the Senate to have the report incorporated into Hansard.
At the request of Senator Nick McKim, Senator David Shoebridge moved an amendment to the motion, which sought to add at the end of the motion:
… but, in respect of the Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025, the provisions of the bill be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 28 October 2025.
Senator Shoebridge stated that the reason the Greens sought to move this amendment was because:
… we have already been contacted by multiple stakeholders who are deeply concerned about the expansion of Howard-era secret interrogation powers, on which the sun was meant to set in 2005, but which keep being renewed and renewed and renewed.
The Senate did not agree to this amendment and both Bills were deferred for consideration at the Selection of Bills Committee’s next meeting on 30 July 2025. At that meeting the Committee again decided to defer consideration of the Bills.
Key issues and provisions
Amending the definition of ‘adult questioning matter’
The existing grounds for which a person can be subject to Division 3 compulsory questioning are set out in the definition of ‘adult questioning matter’ in section 34A of the ASIO Act. It provides that a person may be questioned on a ‘matter that relates to the protection of, and of the people of, the Commonwealth and the several States and Territories’ from any of the following:
espionage
politically motivated violence and
acts of foreign interference
whether directed from, or committed within, Australia or not.
Item 3 of ASIO Amendment Bill (No. 2) repeals and replaces the definition of ‘adult questioning matter’. In doing so, it includes four new grounds on which an adult can be questioned under Division 3, being:
sabotage (which is not defined in the ASIO Act, but is criminalised in Division 82 of the Criminal Code)
promotion of communal violence (defined in section 4 of the ASIO Act)
attacks on Australia’s defence system (defined in section 4 of the ASIO Act) and
protection of Australia’s territorial and border integrity from serious threats (not defined in the ASIO Act).
These 4 terms are derived from the definition of ‘security’ contained in section 4 of the ASIO Act.
In its submission to the 2023-25 PJCIS Inquiry, ASIO proposed that the questioning warrant framework be extended to enable the Attorney-General to issue questioning warrants in relation to all elements of the definition of ‘security’ under section 4 of the ASIO Act, with the exception of ‘protecting Australia’s territorial and border integrity from serious threats’ (p. 5). ASIO stated it ‘does not consider the use of questioning warrants in relation to our border security activities to be necessary or reasonable.’ (p. 5). The Department of Home Affairs, in its submission (pp. 9-11) to the 2023-25 PJCIS Inquiry, also recommended expanding Division 3, Part III to include all heads of security in Section 4 of the ASIO Act, except for the border integrity aspect. Despite both recommending against including this head of security, it has been included at proposed paragraph (b) of the definition of adult questioning matter (Item 3, ASIO Amendment Bill (No. 2)).
ASIO has provided generalised case studies demonstrating the ‘significant value of the compulsory questioning power’ (p. 5) and detailing examples of these new grounds (listed on p. 7) including attacks on Australia’s defence system, sabotage, and the promotion of communal violence.
Persons excluded from appointment as a prescribed authority
A ‘prescribed authority’ is a person appointed by the Attorney-General under subsection 34AD(1) of the ASIO Act. To be eligible to be appointed as a prescribed authority an individual must have extensive judicial or legal experience, as the prescribed authority plays a crucial role in ensuring compliance with the law and protecting the rights of the person being questioned. Eligible persons are: former judges who have served on a superior court for at least 5 years; the current President or Deputy President of the Administrative Review Tribunal; or a Senior Counsel (barrister) who has been enrolled as a legal practitioner for at least 10 years and holds a current practising certificate (subsection 34AD(1)).
The prescribed authority supervises the questioning, informs subjects of their rights and makes directions about the execution of the warrant. A prescribed authority has the same protection and immunity as a Justice of the High Court when performing their duties under Division III. The required seniority of prescribed authorities recognises the significant potential intrusion into a person’s rights and liberties resulting from ASIO’s compulsory questioning powers.
Item 4 expands the list of persons who are not eligible to be appointed by the Attorney-General as a prescribed authority, which is currently contained in subsection 34AD(2). As stated in the Explanatory Memorandum (p. 7), the purpose of including new classes of ineligible persons is to ensure that
… additional categories of persons who are highly likely to have an inherent and irreconcilable conflict of interest (real or apparent) with the proper performance of the role are not eligible for appointment as a prescribed authority.
Proposed new ineligible persons include:
members of the Defence Force
APS employees or a Public Service Agency Head
members of the Commonwealth, State or Territory Parliaments
the Director of Public Prosecutions, or a similar person at the State or Territory level or
the Solicitor-General of the Commonwealth, or of a State or Territory.
Termination of appointment of a prescribed authority
Currently, the Attorney-General may terminate the appointment of a prescribed authority for a range of reasons set out in subsection 34AD(9). Item 5 of ASIO Amendment Bill (No. 2) repeals and substitutes subsection 34AD(9) to specify circumstances where the Attorney-General may terminate an appointment (discretionary), and where the Attorney-General must terminate the appointment of a prescribed authority (non-discretionary).
Where the Attorney-General ‘may’ terminate the appointment of a prescribed authority
The Bill proposes that the Attorney-General may terminate a prescribed authority:
for misbehaviour or
if the prescribed authority is unable to fulfil their role because of physical or mental incapacity.
Where the Attorney-General ‘must’ terminate the appointment of a prescribed authority
The Bill proposes that the Attorney-General must terminate the appointment of the prescribed authority if the prescribed authority:
becomes bankrupt or
engages in paid or unpaid work that conflicts with the proper performance of the duties, or there is a relevant conflict of interest or
has ceased to be eligible for appointment under subsection 34AD(1) (this is a newly included ground not currently contained in the legislation) or
fails, without reasonable excuse, to comply with subsections 34AD(6)-(8) (being a duty on prescribed authorities to disclose certain interests).
Reports provided by the Director-General to the Attorney-General for each Questioning Warrant
For every questioning warrant, the Director-General must give the Attorney-General a written report containing listed details (section 34HA). Item 6 of ASIO Amendment Bill (No. 2) inserts a new paragraph into subsection 34HA(1), which provides additional reporting requirements for such reports being details of any action taken in relation to the warrant that:
did not comply with guidelines given by the Minister of Home Affairs under section 8A
contravened a written statement of procedures in force under section 34AF
contravened the warrant
contravened a condition or restriction in the warrant or
contravened a direction given by a prescribed authority in connection with the warrant.
This appears to respond to some stakeholder concern, including from the Law Council of Australia (submission to 2023-25 PJCIS Inquiry, pp. 23-24), regarding the lack of legislative requirements for ASIO to inform the Attorney-General of warrant breaches.
Post-charge and related questioning warrants
Section 34BD of the ASIO Act sets out what a questioning warrant must (subject to any specified restrictions or conditions) authorise and require. Section 34BE sets out other things that a questioning warrant may authorise, if the Attorney-General considers that the requirement is reasonable and necessary in the circumstances.
Items 7 to 10 of the ASIO Amendment Bill (No. 2) amend section 34BD and section 34BE, for warrants in circumstances where:
the warrant is a post-charge questioning warrant (meaning, the warrant is issued after someone has been formally charged with a related offence and that charge is still to be resolved; or such a charge is imminent) or
the person who is the subject of the warrant has been charged with a related offence, but where such charge is unresolved or
such a charge is imminent.
In these circumstances, ASIO can:
only question the person before a prescribed authority who is a former judge of a superior court (proposed subsection 34BD(3A), item 8) and
if the warrant requests the subject to produce a record or thing, have that thing produced only before a prescribed authority who is a former judge of a superior court (proposed subsection 34BE(4), item 10).
As described in the Explanatory Memorandum, the purpose of this amendment is to provide an additional safeguard for an accused (or potential accused), ‘noting the potential for post-charge questioning to otherwise affect the fair trial of a questioning subject’ (p. 10).
Directions while subject is before a prescribed authority
Currently, paragraph 34DE(1)(e) of the ASIO Act states that the subject of a questioning warrant can be given a direction to further appear before ‘the prescribed authority’. This may be interpreted as requiring the person to further appear before the same prescribed authority. Item 11 amends paragraph 34DE(1)(e) to allow a prescribed authority to give a direction requiring the subject of a questioning warrant to further appear before a prescribed authority. This will ensure a direction can be given in relation to any prescribed authority.
Concluding comments
The ASIO Amendment Bill (No. 1) will extend the operation of compulsory questioning powers contained in Division 3 by an additional 18 months, and the ASIO Amendment Bill (No. 2) will make permanent these powers.
Additionally, the ASIO Amendment Bill (No. 2) will include new matters on which persons can be compulsorily questioned, as discussed in detail above. Among other things, these new matters will allow compulsory questioning in relation to the protection of Australia’s territorial and border integrity from serious threats, even though ASIO advised that it ‘does not consider the use of questioning warrants in relation to our border security activities to be necessary or realistic’ (p. 5) and Home Affairs did not call for this inclusion (p. 9). The Parliament may wish to consider whether the scope of these new grounds (and who may be captured under these expanded definitions) are reasonable, necessary and adequate given the nature of compulsory questioning powers and the severity of potential penalties, including imprisonment, for non-compliance.
Links
The links to the Bills, their Explanatory Memoranda and second reading speeches can be found on the Bill’s home page for the Australian Security Intelligence Organisation Amendment Bill (No. 1) 2025 and the Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025.
When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the Federal Register of Legislation website.
All hyperlinks in this Bills Digest are correct as of August 2025.
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Australian Security Intelligence Organisation Amendment Act (No. 1) 2025
No. 41, 2025
An Act to amend the Australian Security Intelligence Organisation Act 1979, and for related purposes
Contents
1 Short title 2
2 Commencement 2
3 Schedules 2
Schedule 1,Amendments 3
Australian Security Intelligence Organisation Act 1979 3
Australian Security Intelligence Organisation Amendment Act (No. 1) 2025
No. 41, 2025
An Act to amend the Australian Security Intelligence Organisation Act 1979, and for related purposes
[Assented to 5 September 2025]
The Parliament of Australia enacts:
1 Short title
This Act is the Australian Security Intelligence Organisation Amendment Act (No. 1) 2025.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
The whole of this Act
The day after this Act receives the Royal Assent.
6 September 2025
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1,Amendments
Australian Security Intelligence Organisation Act 1979
1 Section 34JF
Omit “7 September 2025”, substitute “7 March 2027”.