Labor scraps plan to make spy agency’s 9/11-era questioning powers permanent
Summary
Australia’s Labor government has decided not to make the spy agency Asio’s post-9/11 questioning powers permanent. Instead, the laws will stay temporary but with an expanded list of offences covered, including promoting communal violence and attacking Australia’s defence system, and there will be reviews every three years.Key Facts
- The questioning powers allow intelligence agents to compel people as young as 14 to provide information or items for serious investigations.
- These powers were introduced after the September 11, 2001 terrorist attacks in the United States.
- Labor initially wanted to remove the “sunset” or expiry clause, making the powers permanent, but backed down as the Senate vote approached.
- The government will expand the offences covered by these powers to include sabotage, promotion of communal violence, and threats to Australia’s borders.
- A review of the powers will be mandatory every three years instead of allowing permanent use.
- Human rights groups and the Greens raised concerns the expanded powers could target activists and community organizers without clear suspicion of crimes.
- Data shows these questioning powers have rarely been used since 2020, with only four warrants issued in counter-terror and espionage cases.
- The Australian Human Rights Commissioner warned these powers may infringe on human rights without sufficient justification.
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