Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025
30 October 2025
On 20 October 2025, the Law Council provided a submission to the Parliamentary Joint Committee on Intelligence and Security in relation to its review of the Australian Security Intelligence Organisation Amendment Bill (No 2) 2025 (ASIO Bill). The ASIO Bill seeks to make substantial amendments to the operation ASIO’s compulsory questioning powers under Division 3 of Part III of the ASIO Act, including the removal of the existing sunset clause, the broadening of the subject matter of adult questioning warrants, and minor improvements to the administration and safeguards.
In recognition of the extraordinary nature of the compulsory questioning framework, and the original intent that these powers only be temporary, the Law Council submission recommends retaining the sunset clause, which would see the powers cease on 7 March 2027. If this sunset date is removed, the Law Council has stressed the need for regular and independent reviews to assess ongoing necessity and proportionality. The Law Council has also raised concern with the proposal in the ASIO Bill to expand the subject matter for adult questioning warrants and retain compulsory questioning for minors, noting that this appears to be contrary to earlier views expressed by key intelligence agencies.
In addition to raising repeated concerns with the processes for issuing these warrants, including the lack of judicial oversight, the Law Council’s submission highlights ongoing issues with what we regard as undue restrictions on legal representation for subjects of compulsory questioning, including discretionary powers to remove lawyers and limitations on information that may be provided to representatives.
The Law Council will continue to monitor the progress of the ASIO Bill, including further engagement with the Parliamentary Joint Committee on Intelligence and Security and the Parliament.
Last Updated on 27/10/2025
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