Australian Labor Government Backs Down on Making ASIO Questioning Powers Permanent
The Australian Labor government has abandoned plans to remove sunset provisions from ASIO's compulsory questioning powers, instead opting for a three-year review requirement. The powers, introduced after 9/11, allow intelligence operatives to question people as young as 14 without a lawyer or right to silence, and the government will expand them to cover promotion of communal violence and threats to Australia's defense system. The reversal came as the Senate approached a vote and the government sought Coalition support, though civil liberties groups and the Greens remain concerned about the expanded scope.
The Australian Labor government has reversed its earlier position to make ASIO's compulsory questioning powers permanent, instead agreeing to maintain sunset provisions that require parliamentary review every three years. Originally introduced following the September 11, 2001 attacks, these powers allow intelligence operatives to issue questioning warrants to people as young as 14, requiring them to provide information or items relevant to serious investigations, without legal representation or right to silence. While backing down on permanence, the government will proceed with expanding the laws to cover promotion of communal violence and serious threats to Australia's territorial and border integrity. The reversal occurred as the Senate prepared to vote and the government prioritized passing the legislation with Coalition support. Civil liberties organizations, the Greens, and the Australian Human Rights Commissioner have raised concerns that the expanded criteria are too broad and could target legitimate activism, with data showing the powers have been rarely used since 2020—only four warrants served on three people.
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Labor scraps plan to make spy agency’s 9/11-era questioning powers permanent
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