Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025; Consideration in Detail

Opened the debate

Chaney moved two amendments to retain the sunset clause for compulsory questioning powers until 2030 and to mandate periodic reviews by the Parliamentary Joint Committee on Intelligence and Security. Chaney argued that these extraordinary powers significantly interfere with rights such as silence and legal representation, requiring rigorous accountability. Chaney noted that ASIO had previously supported extending the sunset clause rather than abolishing it, and that civil society groups opposed making the powers permanent. Chaney maintained that the amendments would not hinder operations but would ensure powers remained proportionate and necessary.

Government response

Burke stated the government would not support the amendments, arguing that the PJCIS already possesses sufficient discretion to conduct inquiries. Burke explained that the government deliberately removed the sunset clause because the threat environment has evolved, making the powers a permanent necessity rather than a temporary measure. Burke contended that retaining the sunset clause would undermine the bill's intent to address long-term security challenges. Burke emphasised that the need for these powers has strengthened over time, justifying their permanence.