Australia's domestic spy agency, ASIO, has had its powers to secretly question individuals extended through recent legislation passed in the Senate on Thursday, August 27, 2026. The contentious remit, originally introduced after the 2001 September 11 attacks and the 2002 Bali bombing to enhance counter-terrorism efforts, allows ASIO in certain circumstances to compel people to answer questions.

These compulsory questioning powers have been used sparingly—just 20 times over more than two decades—but have been regularly extended and expanded since their inception. Prior to 2020, ASIO's authority to bring individuals in for questioning was limited strictly to terrorism-related matters.

The bill passed with broad support from both the Labor and Coalition parties. An ASIO spokesperson stated, "The sparing use of ASIO's compulsory questioning powers does not indicate a lack of utility, but rather that these are specific, carefully targeted powers, and that ASIO only uses them when less intrusive methods have been exhausted or would have been ineffective."

However, the legislation faced opposition from an unusual alliance of the parliament's most conservative and progressive members, including Liberal Senator Alex Antic, One Nation's Malcolm Roberts, and the Greens. Critics argue these powers are effectively permanent and have been repeatedly renewed without sufficient scrutiny since 2003. One opponent remarked, "Everyone pretends they're not permanent — they are, and the legislation should reflect that."

Concerns were also raised about the potential impact on civil liberties. One critic warned, "If this legislation gets through, Australians will have a right to fear their own government — because whenever the government chooses to, it can pluck you off the street." Another stated, "In a free society, the state shouldn't be handed an open-ended power to compel citizens to answer questions about speech or association that falls short of actual criminality."

Many of those opposing the bill this time had supported similar legislation when it was last considered in 2020, highlighting the complex and evolving debate around ASIO's powers.

Sources

ABC Australia News