Australian Security Intelligence Organisation Amendment

Current status

This bill became law on Jun 28th, 2023.

Policy area

Immigration, border & security

What does this bill do?

ASIO now centrally runs Australia’s highest security clearances, including granting, keeping, changing and cancelling them, to create one national approach for the most sensitive government access.

Why was it introduced?

Rising espionage and foreign interference, plus rules that left ASIO mostly giving advice and hindered agencies from acting quickly on insider-threat risks, exposed gaps in managing top security clearances. The bill lets ASIO centrally grant and maintain the highest clearances, keep checking holders over time, share suitability information, and adds review rights.

Broader context

Before this bill, Australia’s top Positive Vetting clearances were handled across multiple agencies and ASIO was often limited to giving advice, which left gaps in consistency, insider-risk management and the ability to act quickly on the most sensitive access decisions. After ASIO and the government warned in 2023 that espionage and foreign interference had reached unprecedented levels, the bill shifted the highest clearances into a single ASIO-run system with ongoing checks, review rights and ONI quality assurance, then became law in June 2023.

Key criticism

The main criticism was that the bill could create delays or unfair outcomes if ASIO is not properly resourced and if the new review arrangements are not clearly independent and workable. These concerns were raised mainly by Coalition speakers who still supported the bill, so the case against it was narrow and focused on implementation safeguards rather than the policy goal.

Who supported it?

Clare O'Neil MP introduced this bill. It passed on the voices.

Introduced in House 29 Mar 2023

Passed House 15 June 2023

Passed Senate 22 June 2023

Became law 28 June 2023

Did it become law?

Yes

Became law 28 June 2023

Final passage

Passed without a counted vote

Members called out ‘aye’ or ‘no’ — no individual votes were recorded.

Passage speed

91 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

ASIO now centrally runs Australia’s highest security clearances, including granting, keeping, changing and cancelling them, to create one national approach for the most sensitive government access.
ASIO can now keep checking whether clearance holders still meet security standards over time, rather than relying on one-off vetting decisions.
Commonwealth and state vetting agencies generally cannot make clearance decisions from informal ASIO advice alone, but they can take temporary urgent action before a formal ASIO assessment arrives.
People affected by ASIO clearance refusals, cancellations or harmful assessment reports now have new review rights through ASIO first, then the Administrative Appeals Tribunal or an independent reviewer depending on their situation.
The Office of National Intelligence now has a quality-check role over the highest security clearances and can help agencies improve their insider-threat detection.

Show source excerpts

The Bill would introduce a new security vetting and security clearance framework into the ASIO Act. This framework would enable ASIO to become centrally responsible for the issuing, maintaining and revoking of Australia’s highest-level of security clearance (a function currently performed by the Australian Government Security Vetting Agency, ASIO, Australian Secret Intelligence Service, Australian Federal Police and Office of National Intelligence). It would also enable the implementation of a consistent approach across the Australian Government, which would reduce the risk of compromise of trusted insiders, maximise the utility derived from shared services in a fiscally constrained environment, improve the mobility and agility of our highest-security cleared workforce and ensure the ongoing confidence of our most trusted allies.
Australian Security Intelligence Organisation Amendment explanatory memorandum
(c) undertake ongoing security vetting and assessment of a person’s suitability to continue to hold a security clearance that has been granted, or is taken under paragraph (2)(a) of this section to have been granted, by the Organisation;
Australian Security Intelligence Organisation Amendment Act 2023 final Act text
Although the prohibition on taking permanent prescribed administrative action would be disapplied by the Bill, Part IVA introduces alternative safeguards to restrict action that can be taken on the basis of ASIO communications by Commonwealth security vetting agencies. Proposed section 82E would restrict a Commonwealth security vetting agency from making a security clearance decision on the basis of ASIO advice unless that advice is an SCSA. This ensures that such decisions are subject to accountability through the Bill’s external merits review framework. An exception applies that would enable a security vetting agency to make a temporary security clearance decision to suspend a security clearance or, impose or vary a condition on a security clearance, if the requirements of security make it necessary as a matter of urgency.
Australian Security Intelligence Organisation Amendment explanatory memorandum
Oversight and accountability are critical. The Bill would introduce an internal and external merits review framework, as well as an independent review mechanism, that would provide affected persons with an avenue to appeal security clearance decisions and security clearance suitability assessments made by ASIO. The protection of sensitive capabilities and operations is also critical. For this reason, the Bill includes exceptions to the review rights proposed to balance safeguards for individuals with security considerations, as ASIO assesses that espionage and foreign interference is Australia’s principal security concern.
Australian Security Intelligence Organisation Amendment explanatory memorandum
a new function in the ONI Act to enable a QAO in ONI to independently assess the quality, consistency, and transferability of the highest-level of security clearances, and drive the uplift of the insider threat capability of agencies that sponsor these clearances. ASIO would continue to be overseen by the IGIS, which reviews ASIO’s activities to ensure it acts legally and with propriety, complies with ministerial guidelines and directives and respects human rights.
Australian Security Intelligence Organisation Amendment explanatory memorandum

Context

Broader context for this bill

2023

ASIO warns espionage and foreign interference are at unprecedented levels

The 2023 Annual Threat Assessment said more Australians were being targeted for espionage and foreign interference than at any time in Australia’s history, sharpening concern about who could access the Commonwealth’s most sensitive secrets.
Australian Security Intelligence Organisation Amendment explanatory memorandum ↗
2023

Government sets out plan to replace fragmented top-clearance vetting

The explanatory memorandum said ASIO would take over issuing and maintaining the highest-level clearances from existing Positive Vetting agencies to create a consistent national system with better insider-threat management and review rights.
Australian Security Intelligence Organisation Amendment explanatory memorandum ↗
29 Mar 2023

Bill introduced to centralise the highest security clearances

The government introduced the bill as part of its response to a worsening security environment and to give ASIO clearer authority over the most sensitive clearance decisions.
Parliamentary timeline ↗
22 June 2023

Parliament passes the bill

Both houses passed the bill, clearing the way for ASIO to become the central decision-maker for Australia’s highest security clearances and for ONI to take on a quality-assurance role.
Parliamentary timeline ↗
28 June 2023

Royal Assent makes the ASIO clearance changes law

Royal Assent turned the bill into an Act, completing the legal shift toward a single ASIO-run model for the Commonwealth’s most sensitive clearance holders.
Parliamentary timeline ↗

Legislative route

How did it move through Parliament?

Introduced 29 Mar 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 29 Mar 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Intelligence and Security review 30 Mar 2023

Referred to Committee (30/03/2023): Parliamentary Joint Committee on Intelligence and Security; Committee report (13/06/2023)

Referred to committee

APH bill page notes

Scrutiny of Bills review 10 May 2023

Considered by scrutiny committee (10/05/2023): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 6 of 2023

Considered by scrutiny committee

APH bill page notes

Second reading debate 15 June 2023

The bill reached this recorded parliamentary step.

House second reading agreed 15 June 2023

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

House third reading agreed 15 June 2023

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 16 June 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 16 June 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Senate second reading agreed 22 June 2023

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Senate third reading agreed 22 June 2023

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 22 June 2023

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 28 June 2023

The Governor-General gave Royal Assent, turning the bill into an Act.

Key criticism

The main case against this bill

No party represented in the debate opposed the bill, but some support depended on resourcing and fair review safeguards.

Risk of clearance bottlenecks

Several supporters warned that centralising the highest security clearances in ASIO will only work if the agency has enough staff and funding. Otherwise, clearance processing could slow down and hold up defence, industry and AUKUS-related work.

Raised by Coalition MPs including Andrew Hastie, James Stevens and Keith Wolahan Source ↗

Questions about review independence

Some supporters questioned whether the new review pathway would be independent enough in practice, especially with ASIO handling the first review step and with uncertainty about how merits review would operate after the Administrative Appeals Tribunal is abolished.

Raised by Andrew Hastie and Andrew Wallace Source ↗

Further sources

parlinfo.aph.gov.au ↗

Votes

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

15 June 2023

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

22 June 2023

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Clare O'Neil

Australian Labor Party • MP 29 Mar 2023

O'Neil supports the bill and says it will harden Australia's top security clearance system against espionage and foreign interference by centralising vetting in ASIO and adding stronger safeguards and review rights.

Read in Hansard ↗

Keith Wolahan

Liberal Party • MP 15 June 2023

Wolahan supports the bill, saying it modernises and strengthens security clearances in a way that ASIO is well placed to run.

Read in Hansard ↗

Luke Gosling

Australian Labor Party • MP 15 June 2023

Luke Gosling supports the bill, saying it will strengthen Australia’s security by centralising the highest level of security clearance in ASIO and improving consistency, oversight and mobility.

Read in Hansard ↗

James Stevens

Liberal Party • MP 15 June 2023

Stevens supports the bill and says it will strengthen and centralise the system for assessing and issuing security clearances through ASIO.

Read in Hansard ↗

All speeches by bloc

Luke Gosling ★ Luke Gosling supports the bill, saying it will strengthen Australia’s security by centralising the highest level of security clearance in ASIO and improving consistency, oversight and mobility.

“This bill will help to fix these inefficiencies. Over time, ASIO-issued TS-PA security clearances will replace positive vetting security clearances.”
Australian Labor Party • MP • 15 June 2023
Read the full speech in Hansard ↗
Clare O'Neil ★ 2 contributions O'Neil supports the bill and says it will harden Australia's top security clearance system against espionage and foreign interference by centralising vetting in ASIO and adding stronger safeguards and review rights.

Hansard records 2 separate contributions by Clare O'Neil on this bill. They are grouped here so the speaker is listed once.

Second reading speech Australian Labor Party • MP • 29 Mar 2023

O'Neil supports the bill and says it will harden Australia's top security clearance system against espionage and foreign interference by centralising vetting in ASIO and adding stronger safeguards and review rights. She argues the reforms are needed to protect sensitive national security secrets and keep the framework aligned with best practice.

“These reforms will ensure that Australia's security clearance framework is uplifted and hardened, and remains at the forefront of international best practice, in the face of a complex, challenging and changing security environment. I commend the bill to the House.”
Read this contribution in Hansard ↗

Second reading speech Australian Labor Party • MP • 15 June 2023

O'Neil supports the bill, saying it will strengthen Australia's security clearance framework, centralise the highest-level vetting in ASIO, and better respond to current national security threats. She argues the changes will reduce compromise risk, improve efficiency, and help protect Australia's national interests.

“One of the really important tenets of putting this bill together is that we fiercely believe that it is a privilege, not a right, to hold the highest level of Australian government security clearances. These clearances are not titles or rewards; they come with serious ongoing responsibilities, and we expect clearance holders to comply when they apply for those and to continue to comply with them. The reforms before the parliament will ensure that Australia's security clearance framework is uplifted and hardened in response to the threats we face. It includes providing for the ongoing monitoring of those highest levels of security clearances, rather than a 'set and forget', or what we might call a 'vet and forget', approach. Centralising Australia's highest-level security clearance vetting in ASIO leverages ASIO's specific security intelligence functions, holdings and capabilities, and it has regard to the most current and accurate information about the security threats confronting Australia. The reforms enabled by the bill will reduce the risk of compromise of trusted insiders, maximise utility derived from shared services to create efficiencies, improve the mobility and agility of our highest-cleared workforce and ensure the ongoing confidence of our most trusted allies.”
Read this contribution in Hansard ↗
Matt Thistlethwaite Thistlethwaite supports the bill and says it will strengthen protection of Australia's most sensitive information by creating a new top secret clearance system within ASIO.

“The Australian Security and Intelligence Organisation Amendment Bill 2023 extends and solidifies our security environment by establishing a new national TOP SECRET-Privileged Access Authority within the Australian Security Intelligence Organisation. The TOP SECRET-Privileged Access Authority will be the central body that has responsibility for issuing Australia's new highest level of security clearance, the TS-PA clearance. This will supplant the existing top secret positive vetting clearance. The new TS-PA clearance is founded on the new TS-PA standard, which enforces a stricter minimum standard when it comes to security clearance requirements. The TS-PA standard incorporates contemporary psychological and insider threat research. It will be the most extensive examination of a person's credentials to ensure that they can be trusted to deal with the nation's most sensitive information.”
Australian Labor Party • MP • 15 June 2023
Read the full speech in Hansard ↗
Peter Khalil Peter Khalil supports the bill, saying it strengthens Australia’s response to espionage and foreign interference while improving security clearance processes.

“Speaking now as the member for Wills and a member of the government in this place, I support this bill because I do really think it gets the balance right. It will protect Australia's national security interests while also upholding the rights and privacy of individuals, and that's a very hard balance to strike.”
Australian Labor Party • MP • 15 June 2023
Read the full speech in Hansard ↗
Jenny McAllister McAllister supports the bill and says it will strengthen and modernise the system for vetting the highest level of security clearances.

“These reforms will ensure that Australia's security clearance framework is uplifted and hardened, and remains at the forefront of international best practice, in the face of a complex, challenging and changing security environment.”
Australian Labor Party • Senator • 16 June 2023
Read the full speech in Hansard ↗

Keith Wolahan ★ Wolahan supports the bill, saying it modernises and strengthens security clearances in a way that ASIO is well placed to run.

“It is important and proper that we do that. Agencies require it, our Defence Force requires it, and that includes the upcoming National Anti-Corruption Commission. So we do support this bill. It has an important role to play as we deliver AUKUS.”
Liberal Party • MP • 15 June 2023
Read the full speech in Hansard ↗
James Stevens ★ Stevens supports the bill and says it will strengthen and centralise the system for assessing and issuing security clearances through ASIO.

“That equally means that we need to make sure that we have the highest level of confidence in how we issue security clearances. I think this is a very opportune moment for this legislation to make the changes, have centralisation and ensure that ASIO is the pre-eminent agency within government for managing and overseeing the process of assessing and issuing these security clearances. So we very much welcome how the bill creates that legislative framework for ASIO going forward.”
Liberal Party • MP • 15 June 2023
Read the full speech in Hansard ↗
Andrew Wallace Andrew Wallace supports the bill and says ASIO needs a stronger, more streamlined vetting system to keep pace with foreign interference, AUKUS, and the growing security workload.

“I rise in support of the Australian Security Intelligence Organisation Amendment Bill 2023 and join with my colleague the chair of the PJCIS. National security is one of those things where it doesn't matter what side of the aisle you sit on; anybody and everybody in this place should be working together for the national security. Whilst we will have differences of opinions on things at times, I think that the Australian public should draw some comfort from the fact that there's an unwritten rule on the Intelligence and Security Joint Committee, that we leave our figurative guns at the door—that we leave our political guns at the door.”
Liberal National Party • MP • 15 June 2023
Read the full speech in Hansard ↗
Andrew Hastie Hastie supports the bill, saying it modernises security vetting to better handle espionage, foreign interference and the demands of AUKUS and REDSPICE.

“From the top, we support the Australian Security Intelligence Organisation Amendment Bill 2023. This bill does some important things. It seeks to centralise top-secret positive vetting within ASIO. It seeks to enable more persistent ongoing evaluations of an individual's suitability to hold a security clearance. It seeks to establish a framework for merits review of ASIO security clearance decisions. It provides ONI with a new function to drive uplift of insider threat capabilities across the Commonwealth, and to independently assure quality and consistency of top-secret positively vetted clearances.”
Liberal Party • MP • 15 June 2023
Read the full speech in Hansard ↗
Jenny Ware Jenny Ware supports the bill and says it will streamline and centralise security vetting, strengthen ongoing clearance checks, and improve merits review and insider-threat capabilities.

“To conclude, the bill is supported. It is a sensible piece of legislation; it is an important piece of legislation. The process by which security clearance is granted is important. As I said in my opening remarks, a government has no greater responsibility than the protection of its citizens and it needs to ensure that those citizens and those workers that have access to our national secrets are properly vetted and are of sound character. For all of those reasons, I commend this bill to the House.”
Liberal Party • MP • 15 June 2023
Read the full speech in Hansard ↗

Record

Full record

The final law

Key dates and decisions

All parliamentary events

Committee activity