Public Hearing into Australian Security Intelligence Organisation Amendment Bill (No 2) 2025
25 November 2025
On 17 November 2025, representatives from the Law Council gave evidence at a public hearing of the Parliamentary Joint Committee on Intelligence and Security (Committee) in relation to its review of the Australian Security Intelligence Organisation Amendment Bill (No 2) 2025 (ASIO Bill).
The Law Council made a written submission to the Committee on 20 October 2025. The Bill seeks to make two significant changes to ASIO’s compulsory questioning warrant framework under Division 3 of Part III of the ASIO Act 1979 (Cth). First, it proposes to extend those powers to almost all aspects of ASIO’s security mandate. Second, by proposing the removal of the sunset clause, the Bill seeks to make these powers a permanent fixture of Australia’s national security law.
At the hearing, the Law Council raised concerns that there was inadequate justification for the necessity and proportionality of the proposed expansion of powers, and reminded the Committee that extraordinary powers should not be extended without a clear and compelling public justification.
The Bill also seeks to make minor improvements to the administration and safeguards of the questioning warrant framework. While the Law Council supported strengthening the framework’s rules for disqualification or dismissal of a prescribed authority, as well as the improved reporting obligations to the Attorney-General, we remain concerned that the Bill does not address longstanding concerns with these powers such as the availability of questioning warrants for children as young as 14 years old, and limitations on meaningful legal representation.
We issued a media release on the morning of our appearance before the Committee.
Last Updated on 25/11/2025
Share
Tags
Most recent items
Law Council
2025 Law Council Gala Dinner
Law Council