No sunset
It makes ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers permanent without enough evidence that the sunset clause should be removed.
Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025
Current status
This bill is currently before Parliament.
Policy area
Immigration, border & security
What does this bill do?
The bill updates ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers so they better match today’s security threats, while also aiming to improve safeguards and oversight.
Why was it introduced?
The inquiry into ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.'s questioning powers lapsed unfinished, and the bill makes those powers permanent while updating safeguards and oversight.
Broader context
In 2023 the PJCISParliamentary committee that reviews intelligence and security laws, agencies and related bills. started a statutory review of ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers, which were still operating under a temporary framework while parliament checked whether they remained fit for purpose. By 2025 ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency. was warning that the security environment had worsened and the review had lapsed unfinished, so this bill made the powers permanent and refreshed the safeguards and oversight around them.
Key criticism
The main criticism was that the bill makes ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers permanent and broader without enough evidence, safeguards, or oversight, especially for minors. That concern was raised mainly by crossbench MPs and human rights scrutiny, while the bill still had broad support and some backing only if stronger review and child safeguards were added.
Who supported it?
The Labor government introduced this bill. Support so far has come from Labor, Liberal, LNP of Queensland, Nationals, some crossbench members; opposition has come from Greens, some crossbench members.
Introduced in House 23 July 2025
Passed House 12 Feb 2026
At second reading in Senate 03 Mar 2026
Not yet law —
Did it become law?
Not yet
Final passage
Recorded vote so far
1 recorded vote on the bill was found earlier in passage, but the final chamber agreement was not a counted division.
Days since introduction
322 days
Updated 10 June 2026.
Meaning
What does this bill do?
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The bill updates ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers so they better match today’s security threats, while also aiming to improve safeguards and oversight.
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It makes these questioning powers ongoing by removing their sunset date, instead of requiring Parliament to keep extending them.
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It broadens the kinds of security matters where ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency. can seek an adult questioning warrant, adding sabotage, attacks on defence systems, promoting communal violence, and serious threats to Australia’s territorial and border integrity.
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The bill adds protections around how the powers are used, including measures to support the independence of prescribed authorities, extra safeguards for people who are about to be charged or have been charged, and more reporting to the Attorney-General about any breaches of warrant rules.
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It also requires another parliamentary review of the questioning framework three years after the bill starts, through the Parliamentary Joint Committee on Intelligence and Security.
Show source excerpts
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Today, I am introducing the Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025, which amends ASIO's compulsory questioning powers to reflect changes in Australia's security environment and further strengthen the safeguards and oversight mechanisms in the framework.
Burke, Tony MP second reading speech -
The bill repeals the sunset date in division 3 of part III of the ASIO Act and makes the questioning powers permanent. Since its introduction, the framework has been subject to five parliamentary reviews and two independent reviews, causing the parliament to extend the sunset date five times. Removing the sunset provision reflects the government's view that these powers now form an essential part of ASIO's collection powers, particularly in light of the threat environment. ASIO has used these powers judiciously in circumstances where ASIO's other powers were not appropriate for the circumstances.
Burke, Tony MP second reading speech -
The bill also expands the security matters for which ASIO may seek an adult questioning warrant. This will enable ASIO to obtain an adult questioning warrant in relation to sabotage, attacks on Australia's defence systems, the promotion of communal violence and serious threats to Australia's territorial and border integrity, in addition to terrorism, espionage and foreign interference. The director-general's 2025 Annual Threat Assessment made it clear that ASIO anticipates that multiple threats will intensify over the next five years: 'The most confronting thing about the new security environment—the prevailing security environment and the future security environment—is there is no single security concern.' That is from the director-general.
Burke, Tony MP second reading speech -
Importantly, the bill makes targeted amendments to further strengthen existing safeguards and oversight mechanisms to protect individual rights. These include amendments to ensure the independence and impartiality of prescribed authorities, additional safeguards for the questioning of a person who is or will imminently be charged with a criminal offence and additional reporting requirements to ensure that the Attorney-General is made aware of any noncompliance with, or contraventions of, the requirements of a warrant. These amendments will strengthen key safeguards in the existing legislative framework to promote fairness, uphold human rights and the right to a fair trial, and enhance transparency and accountability.
Burke, Tony MP second reading speech -
Finally, the bill amends the Intelligence Services Act 2001 to permit the Parliamentary Joint Committee on Intelligence and Security to undertake a further review of the operation, effectiveness and implications of the framework three years after the commencement of this bill.
Burke, Tony MP second reading speech
Context
Broader context for this bill
In 2023 the PJCISParliamentary committee that reviews intelligence and security laws, agencies and related bills. started a statutory review of ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers, which were still operating under a temporary framework while parliament checked whether they remained fit for purpose. By 2025 ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency. was warning that the security environment had worsened and the review had lapsed unfinished, so this bill made the powers permanent and refreshed the safeguards and oversight around them.
- 07 Sept 2023
PJCISParliamentary committee that reviews intelligence and security laws, agencies and related bills. starts ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency. power review
The committee began a statutory review of ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers.
Parliament of Australia ↗ - 19 Feb 2025
ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency. warns of a more degraded security environment
ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency. said the security environment was worsening, with sabotage and other serious threats rising.
ASIO ↗ - 23 July 2025
Bill No. 2 is introduced
The government introduced the bill to make the questioning powers permanent and update safeguards.
Parliamentary timeline ↗ - 04 Sept 2025
Sunset for questioning powers is extended
Parliament passed Bill No. 1 and pushed the framework's sunset to March 2027.
Parliament of Australia ↗ - 17 Nov 2025
PJCISParliamentary committee that reviews intelligence and security laws, agencies and related bills. holds Bill No. 2 hearing
The committee took evidence on Bill No. 2 and the revived statutory review in Canberra.
Parliament of Australia ↗ - 12 Feb 2026
House passes Bill No. 2
The House completed Bill No. 2 and sent it on for the next stage.
Parliament of Australia ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 23 July 2025
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 23 July 2025
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Human Rights review: raised children's rights and fair trial 27 Aug 2025
Parliamentary Joint Committee on Human Rights considered the bill in Report 4 of 2025 on 27/08/2025. It raised children's rights, fair trial, and freedom of expression issues, including preliminary international human rights legal advice, and sought a ministerial response.
Considered in published report
Report 4 of 2025Scrutiny of Bills review 27 Aug 2025
The Senate Standing Committee for the Scrutiny of Bills considered the bill on 27 August 2025 and noted it in Scrutiny Digest 4 of 2025. The supplied material does not provide any specific scrutiny concerns, recommendations or ministerial requests.
Considered in published report
Scrutiny Digest 4 of 2025Intelligence and Security report 05 Feb 2026
The Parliamentary Joint Committee on Intelligence and Security reviewed the Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025 and recommended amending the Explanatory Memorandum to clarify that 'adult questioning matters' do not include carrying out Australia's responsibilities to a foreign country in relation to those matters. The report focuses on whether ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.'s compulsory questioning powers should become permanent and how the framework should be refined through clearer limits on expanded adult questioning warrants, arrangements for prescribed authorities, and stronger reporting and oversight.
Referred; report published
Committee report (5 Feb 2026)Second reading debate 11 Feb 2026
Members debated the bill in principle before the chamber decided whether to keep considering it.
Sent to Federation ChamberA parallel House forum where some bills are debated before returning to the House. for debate 11 Feb 2026
The House sent the bill to the Federation ChamberA parallel House forum where some bills are debated before returning to the House. so debate could continue in that parallel forum before reporting back to the House.
Referred to Federation ChamberA parallel House forum where some bills are debated before returning to the House.
Federation ChamberA parallel House forum where some bills are debated before returning to the House. debate 11 Feb 2026
Members debated the bill in principle before the chamber decided whether to keep considering it.
Second reading debate
Returned from Federation ChamberA parallel House forum where some bills are debated before returning to the House. 12 Feb 2026
The Federation ChamberA parallel House forum where some bills are debated before returning to the House. finished its work on the bill and reported it back to the House for the next formal step.
Reported from Federation ChamberA parallel House forum where some bills are debated before returning to the House.
House second reading agreed Aye 106 No 8 12 Feb 2026
Recorded vote: 106 to 8.
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
Consideration in detail debate 12 Feb 2026
House third reading agreed 12 Feb 2026
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Introduced 03 Mar 2026
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 03 Mar 2026
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Key criticism
The main case against this bill
The main criticism was that the bill makes ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers permanent and broader without enough evidence, safeguards, or oversight, especially for minors. That concern was raised mainly by crossbench MPs and human rights scrutiny, while the bill still had broad support and some backing only if stronger review and child safeguards were added.
Criticism was focused on safeguards and scope rather than on ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s role itself.
Child safeguards
The bill was said to leave minors without enough protection, including no mandatory representative and no time limit on questioning.
Less oversight
Some members wanted the powers kept under a sunset clause or regular PJCISParliamentary committee that reviews intelligence and security laws, agencies and related bills. review so Parliament could check them again later.
Human rights issues
The human rights committee raised possible issues for children's rights, fair trial rights, and freedom of expression.
Further sources
Votes
Recorded votes
How the bill itself passed
These were the main recorded votes on the bill.
Carried House cleared second reading
Passed 106 to 8. Support came from Labor, Liberal, LNP of Queensland, and Nationals. Opposition came from Greens. Minor-party and independent votes were split.
Carried
House cleared second reading
Party Aye / No
Labor 68 / 0
Liberal 17 / 0
LNP of Queensland 13 / 0
Independent 1 / 7
Nationals 7 / 0
Greens 0 / 1
Amendments at a glance
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
House
Defeated Keep sunset clause and require PJCIS review
Defeated 10 to 67. Support came from Greens and minor parties and independents. Opposition came from Labor, LNP of Queensland, Nationals, and Liberal.
Defeated
Keep sunset clause and require PJCIS review
Defeat left the powers permanent and committee review discretionary.
Party Aye / No
Labor 0 / 64
Independent 9 / 0
LNP of Queensland 0 / 1
Nationals 0 / 1
Greens 1 / 0
Liberal 0 / 1
Defeated Sunset child questioning powers and tighten safeguards
Moved by Zali Steggall Oam, (Crossbench). Defeated 9 to 60. Support came from Greens and minor parties and independents. Opposition came from Labor and Liberal.
Defeated
Sunset child questioning powers and tighten safeguards
Defeat left no child-specific sunset, presence requirement or eight-hour cap in the bill.
Party Aye / No
Labor 0 / 58
Independent 8 / 0
Liberal 0 / 2
Greens 1 / 0
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
Sponsor speech Supports
Tony Burke
The minister introduces the bill as a response to a more complex security environment, arguing it will make ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers permanent, expand their application to additional security threats, and strengthen safeguards, oversight and review mechanisms.
Read in Hansard ↗ Lead opposing voice Opposes
Helen Haines
Helen Haines criticises the bill for making ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s extraordinary compulsory questioning powers permanent, broadening their scope, and removing the sunset clause without sufficient evidence or adequate safeguards.
Read in Hansard ↗ Lead supporting voice Supports
Alex Hawke
Hawke clearly supports the bill, arguing it will make ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.'s compulsory questioning powers permanent, expand them to address modern threats, and strengthen oversight and safeguards.
Read in Hansard ↗ Lead non-major voice Mixed
Kate Chaney
Kate Chaney argues that the bill would make ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s extraordinary coercive questioning powers permanent while expanding their scope without sufficient safeguards, and she says stronger accountability is needed.
Read in Hansard ↗All speeches by bloc
Labor
8 speakers · 10 contributions · 8 support
Labor
8 speakers · 10 contributions · 8 support
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Chisholm The speaker introduces and supports the bill as a national security reform that would make ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers permanent, extend their availability to additional security threats, and update the framework to match a more complex threat environment.
“The measures I have outlined in this Bill deliver important reforms to ensure ASIO has the powers it needs to respond to emerging challenges and deliver on its mission to counter threats to Australia's security and ensure that all Australians can be safe and feel safe. The Bill reflects this Government's commitment to ensuring Australia's national security laws continually evolve to protect the Australian community, while ensuring strong safeguards remain firmly in place.”
Read the full speech in Hansard ↗ -
French Tom French strongly supports the bill, arguing it modernises ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s questioning powers for contemporary security threats while strengthening safeguards, oversight and accountability.
“I support this bill because it serves my constituents in Moore by safeguarding what they build and rely upon. I support this bill because it serves Australia's security without eroding Australia's liberties. I support the bill because it replaces uncertainty with clarity, and pairs it with accountability. These are the hallmarks of good law in a serious parliament. I commend the bill to the House.”
Read the full speech in Hansard ↗ -
Clutterham Claire Clutterham supports the bill, arguing it permanently strengthens and broadens ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.'s compulsory questioning powers to meet a more complex security environment while retaining safeguards, oversight and a future parliamentary review.
“Terrorists, malign actors and extremists need to get it right once in order to cause destruction, injury and death on a mass scale. ASIO has to get it right 100 per cent of the time, and it needs to be properly equipped to do so. I stand with the Minister for Home Affairs in this important work, and with this government as it prosecutes its commitment to ensuring Australia's national security laws continually evolve to protect the Australian community while ensuring that strong safeguards and public trust and confidence in the process remain firmly in place. I commend the bill to the House.”
Read the full speech in Hansard ↗ -
Ambihaipahar Ash Ambihaipahar supports the bill, arguing that ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers should be updated and made permanent so the agency can respond to modern security threats, including communal violence, sabotage and foreign interference.
“There are two parts to that task. The first is passing legislation like this bill before us and the anti-hate legislation that was passed a fortnight ago.”
Read the full speech in Hansard ↗ -
Gosling Luke Gosling argues that the bill appropriately balances civil liberties with national security by making ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s questioning powers permanent, expanding them to emerging threats, and strengthening oversight and review mechanisms.
“In closing, we should support this bill as it delivers a finely-struck balance between what is necessary to achieve security and what is sufficient to protect the individual rights of Australians. It is necessary in these times to get that balance right. I believe that this bill does and, importantly, it allows our security agencies to do what they need to do to protect Australia and our interests.”
Read the full speech in Hansard ↗ -
Lawrence Tania Lawrence supports the bill, arguing it updates ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s questioning powers to address modern security threats while strengthening safeguards, oversight and independent review.
“Finally, this legislation is a reminder of parliament's ongoing responsibility. National security laws are never set-and-forget. They require constant attention, regular review and a willingness to adapt as circumstances change. By modernising ASIO's questioning powers, expanding their scope to meet contemporary threats and reinforcing the safeguards that govern their use, this bill meets that responsibility. It equips ASIO to do its vital work, while ensuring that the exercise of power remains subject to law, oversight and democratic control. I commend the bill to the House.”
Read the full speech in Hansard ↗ -
Thistlethwaite Thistlethwaite supports the bill, arguing it will make ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.'s compulsory-questioning powers permanent, expand adult questioning warrants to additional security threats, and add safeguards and reporting requirements.
“The ASIO Amendment Bill (No. 2) will help support ASIO to continue that vitally important work.”
Read the full speech in Hansard ↗ -
Burke ★ 3 contributions The minister introduces the bill as a response to a more complex security environment, arguing it will make ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers permanent, expand their application to additional security threats, and strengthen safeguards, oversight and review mechanisms.
Hansard records 3 separate contributions by Burke on this bill. They are grouped here so the speaker is listed once.
BILLS - Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025 - Second Reading
The minister introduces the bill as a response to a more complex security environment, arguing it will make ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers permanent, expand their application to additional security threats, and strengthen safeguards, oversight and review mechanisms. He says the reforms are necessary to equip ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency. to respond to emerging threats while maintaining protections for individual rights.
“I commend the bill to the House.”
Read this contribution in Hansard ↗BILLS;Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025;Consideration in Detail - 12 Feb 2026
Burke supports the bill and rejects the proposed amendment, arguing that the government deliberately removed the sunset provision because the terrorism threat environment has changed and the powers remain necessary. He says rapid online radicalisation, including among minors, means these ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency. questioning powers are now more essential than ever, with safeguards already in place.
“I wish these powers were not required. I wish what I believe the Howard government had genuinely thought 20 years ago—that this would be something required for a finite period of time—had turned out to be true. I wish the concept of having to compulsorily question minors never arose. The reality is that the arguments now for these powers are stronger than they have ever been, and I cannot pretend to the parliament that I think they're going to go away. Every indicator we have of the direction now is that these powers are more essential than they've ever been.”
Read this contribution in Hansard ↗BILLS;Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025;Consideration in Detail - 12 Feb 2026
Burke rejects the proposed amendments, arguing they would undermine the bill by extending the sunset clause and unnecessarily directing the PJCISParliamentary committee that reviews intelligence and security laws, agencies and related bills. to conduct a review. He says the government intentionally wants to remove the sunset because the need for these powers has proven ongoing, supporting the bill as drafted.
“In terms of the sunset provision, the government is very deliberately removing the sunset. The sunset provision, when it was brought in, was brought in in the hope that these powers would be temporary. I wish the need for these powers were temporary, but history has shown us that it isn't. One of the key elements of the bill would in fact be undone by reintroducing and extending the existing sunset clause in the act. The sunset clause was put there not simply in the terms in which the member described, as being ongoing accountability; sunsets are put there in the hope that one day they won't be required. Since that time, the need for these powers has only become stronger. That's the reason why the government has decided to put to the parliament that the sunset be removed.”
Read this contribution in Hansard ↗
Coalition
4 speakers · 4 support
Coalition
4 speakers · 4 support
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Hawke ★ Hawke clearly supports the bill, arguing it will make ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.'s compulsory questioning powers permanent, expand them to address modern threats, and strengthen oversight and safeguards.
“The opposition will be supporting the passage of this bill. We do so because the changes it encompasses are reasonable and responsive to the threats that Australia face.”
Read the full speech in Hansard ↗ -
McCormack McCormack argues that ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s powers and resourcing are vital to national security and says the bill’s changes to compulsory questioning powers, oversight and permanence have been properly examined through the PJCISParliamentary committee that reviews intelligence and security laws, agencies and related bills. process.
“We do support these bills. They are important. I'm glad that the PJCIS has run ruler over them, and I commend them to the House.”
Read the full speech in Hansard ↗ -
Wallace Andrew Wallace supports the bill, arguing that ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers should be made permanent, expanded to match evolving security threats, and accompanied by strengthened oversight and safeguards.
“While this bill is essential, it should not be the end of the conversation when it comes to equipping our intelligence agencies to navigate our current threat environment. More needs to be done to prevent emerging threats in the current security environment post Bondi, particularly threats emanating from radical Islamist extremism. Following the Bondi attack, the coalition's antisemitism, extremism and counterterrorism taskforce called for a broader package of reforms to modernise Australia's counterterrorism framework. This includes updates to control order regimes, surveillance capabilities and other preventive powers. These commonsense measures would complement the intelligence tools provided in this bill and help ensure Australia's counterterrorism laws remain effective in a heightened and evolving threat environment. This bill is a step in the right direction, but much more must be done to properly equip our intelligence and security agencies to navigate the complex threat environment we face today.”
Read the full speech in Hansard ↗ -
Wilson Wilson argues that the current security environment and rise in extremism make ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers necessary, provided they remain targeted and safeguarded.
“The provision of this bill is very important and tragically necessary. I wish it were not and we didn't have to support these types of powers. One of the things I also support is the ongoing review of these powers and sunset clauses so that there's an acknowledgement that they've not become a permanent state of affairs. But we know what happens when they don't exist. It makes Australians weaker and less safe, and that's the basis on which I'm prepared to support the legislation.”
Read the full speech in Hansard ↗
One Nation
1 speaker · 1 support
One Nation
1 speaker · 1 support
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Joyce Joyce argues that Australia faces an intensified national security threat, especially from Chinese state influence, espionage and technological disruption, and says stronger intelligence powers are needed.
“For this purpose I support the bill, but I say: it's really just a forerunner of the far greater work that we need to do.”
Read the full speech in Hansard ↗
Minor parties and independents
4 speakers · 6 contributions · 1 oppose · 3 mixed
Minor parties and independents
4 speakers · 6 contributions · 1 oppose · 3 mixed
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Chaney ★ 2 contributions Kate Chaney argues that the bill would make ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s extraordinary coercive questioning powers permanent while expanding their scope without sufficient safeguards, and she says stronger accountability is needed.
Hansard records 2 separate contributions by Chaney on this bill. They are grouped here so the speaker is listed once.
Federation Chamber - BILLS - Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025 - Second Reading
Kate Chaney argues that the bill would make ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s extraordinary coercive questioning powers permanent while expanding their scope without sufficient safeguards, and she says stronger accountability is needed. She proposes amendments to retain the sunset clause until 2030 and require mandatory periodic PJCISParliamentary committee that reviews intelligence and security laws, agencies and related bills. review, urging the government to amend the bill accordingly.
“I will be introducing two amendments which would ensure that the bill functions effectively and responsibly. They reflect alternative routes to improving oversight and accountability.”
Read this contribution in Hansard ↗BILLS;Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025;Consideration in Detail - 12 Feb 2026
Kate Chaney argues the bill should be amended to preserve stronger oversight of ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers by retaining the sunset clause until 2030 and requiring mandatory Parliamentary Joint Committee review. She says making the powers permanent while also expanding them goes too far without added safeguards, indicating only qualified support tied to those changes.
“My amendments are straightforward—keep the sunset in place and/or mandate a periodic review. This is about maintaining trust in the way we exercise extraordinary powers, not about tying ASIO's hands. The first amendment would retain the sunset clause in section 34JF of the ASIO Act so compulsory questioning powers remain subject to regular renewal by parliament. This is the safeguard we've applied since these powers were first introduced, and it's functioned as intended, prompting scrutiny and public justification before each extension. The second amendment requires a mandatory statutory review of division 3 of part 3. At present, the PJCIS may choose to review these powers. My amendment would require it to do so, ensuring the parliament periodically tests whether the powers remain necessary and proportionate in light of contemporary risks and practice. This directly answers concerns that current safeguards are marginal, given the breadth of the regime and the proposed expansion.”
Read this contribution in Hansard ↗ -
Haines ★ Helen Haines criticises the bill for making ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s extraordinary compulsory questioning powers permanent, broadening their scope, and removing the sunset clause without sufficient evidence or adequate safeguards.
“This bill also fails to strike an appropriate balance regarding access to legal advice for someone being questioned under these powers. The point has been well made that such legal representation is only meaningful if sufficient information is available about the basis and the scope of the warrant. There remain unresolved concerns about rule-of-law principles, including privilege against self-incrimination.”
Read the full speech in Hansard ↗ -
Steggall 2 contributions Zali Steggall argues that the bill would improperly make ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.'s compulsory questioning powers permanent, broaden their scope, and allow their use against children as young as 14, undermining parliamentary oversight and human rights protections.
Hansard records 2 separate contributions by Steggall, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Federation Chamber - BILLS - Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025 - Second Reading
Zali Steggall argues that the bill would improperly make ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.'s compulsory questioning powers permanent, broaden their scope, and allow their use against children as young as 14, undermining parliamentary oversight and human rights protections. She says the safeguards are insufficient and states that she will oppose the bill, while proposing amendments to remove or limit minor questioning powers.
“For these reasons, I will oppose the bill.”
Read this contribution in Hansard ↗Moved amendment
Steggall argues that while ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s questioning powers may still be needed, the bill should include stronger safeguards for minors, including mandatory representation during questioning, an eight-hour limit, and a sunset on minor questioning warrants. She supports retaining sunset oversight but criticises the bill as drafted for not adequately protecting children’s rights.
“The human rights statement for the bill states that the Attorney-General must treat a child's best interests as a primary consideration when issuing a warrant for a 14- to 17-year-old. I'll just pause here and note we don't even consider children up to the age of 16 as being mature enough to cope with accessing social media, but we are saying ASIO can compulsorily question a 14- to 17-year-old. There is so much inconsistency in what we consider are the protections we should provide children and where we strip away their rights. My amendment supports that duty by ensuring that a child is never left alone in questioning and is not exposed to prolonged interrogation. I find it quite extraordinary that this is not an amendment supported by the government, I've got to say.”
Read this contribution in Hansard ↗ -
Spender Allegra Spender says ASIOAustralian Security Intelligence Organisation, Australia’s domestic security and counter-espionage agency.’s compulsory questioning powers are important and should be renewed, especially given current security threats, but argues the bill goes too far by making those powers permanent and by not winding back powers relating to minors.
“The Australian Security Intelligence Organisation plays a very important role in upholding Australia's national security in identifying and disrupting threats and keeping Australians safe. ASIO's compulsory questioning powers are extremely important, and I should note that there is no suggestion that these powers have been used improperly or excessively in the more than 20 years that they have been in place. But it is not something we should take for granted. I honestly don't believe we should take a set-and-forget approach to the significant powers with which we entrust our national security agencies. These powers are extraordinary and should remain so. I urge the government to consider not making these powers permanent. I support the renewal of these powers, and more so than ever given the devastating terrorist attack in my own community. But, given how broad and powerful these powers are, I urge the government not to remove the sunset clause but to retain the sunset clause.”
Read the full speech in Hansard ↗
Record
Full record
- Introduction to latest chamber step
- 223 calendar days -- Introduced on 23 Jul 2025. Latest recorded chamber step was Second reading moved on 03 Mar 2026. Committee and scrutiny activity may continue separately.
- Introduction to assent
- Unknown
- Recorded divisions found
- 3 -- Recorded divisions were found in House of Representatives.
- Second reading chambers captured
- House of Representatives, Senate
- Same-day passage through both Houses
- Not yet -- The bill cleared the House on 12 Feb 2026 and the Senate on 03 Mar 2026.
- 23 July 2025
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 23 July 2025
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 11 Feb 2026
House · Second reading debate
Second reading debate
Members debated the bill in principle before the chamber decided whether to keep considering it.
- 11 Feb 2026
House · Referred to Federation Chamber
Referred to Federation ChamberA parallel House forum where some bills are debated before returning to the House.
The House sent the bill to the Federation ChamberA parallel House forum where some bills are debated before returning to the House. so debate could continue in that parallel forum before reporting back to the House.
- 11 Feb 2026
House · Second reading debate
Second reading debate
Members debated the bill in principle before the chamber decided whether to keep considering it.
- 12 Feb 2026
House · Reported from Federation Chamber
Reported from Federation ChamberA parallel House forum where some bills are debated before returning to the House.
The Federation ChamberA parallel House forum where some bills are debated before returning to the House. finished its work on the bill and reported it back to the House for the next formal step.
- 12 Feb 2026
House · Second reading agreed to
Recorded vote: 106 to 8.
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 12 Feb 2026
House · Consideration in detail debate
Consideration in detail debate
- 12 Feb 2026
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 03 Mar 2026
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 03 Mar 2026
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Parliamentary Joint Committee on Intelligence and Security
Referred; report published
The Parliamentary Joint Committee on Intelligence and Security reviewed the Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025 and recommended amending the Explanatory Memorandum to clarify that 'adult questioning matters' do not include carrying out Australia's responsibilities to a foreign country in relation to those matters. The report focuses on whether ASIO's compulsory questioning powers should become permanent and how the framework should be refined through clearer limits on expanded adult questioning warrants, arrangements for prescribed authorities, and stronger reporting and oversight.
Referred to Committee (27 Aug 2025): Parliamentary Joint Committee on Intelligence and Security; Committee report (5 Feb 2026)
Committee report (5 Feb 2026)Parliamentary Joint Committee on Human Rights
Considered in published report
Parliamentary Joint Committee on Human Rights considered the bill in Report 4 of 2025 on 27/08/2025. It raised children's rights, fair trial, and freedom of expression issues, including preliminary international human rights legal advice, and sought a ministerial response.
Considered by scrutiny committee (27 Aug 2025): Parliamentary Joint Committee on Human Rights; Report 4 of 2025
Report 4 of 2025Senate Standing Committee for the Scrutiny of Bills
Considered in published report
The Senate Standing Committee for the Scrutiny of Bills considered the bill on 27 August 2025 and noted it in Scrutiny Digest 4 of 2025. The supplied material does not provide any specific scrutiny concerns, recommendations or ministerial requests.
Considered by scrutiny committee (27 Aug 2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 4 of 2025
Scrutiny Digest 4 of 2025