Philip Ruddock (Berowra, Liberal Party, Attorney-General) Share this | Hansard source

I move:

That this bill be now read a second time.

This bill amends division 3 of part III of the Australian Security Intelligence Organisation Act 1979, which deals with ASIO’s terrorism related questioning and detention powers.

These powers were introduced into parliament in 2002 as part of the government’s broad legislative package to counter the threat posed by terrorism.

After extensive parliamentary debate, the powers commenced in July 2003.

The regime permits ASIO to seek a warrant to question, and in limited circumstances detain, a person where there are reasonable grounds for believing that doing so will substantially assist the collection of intelligence in relation to a terrorism offence.

The powers are only used where other methods of gaining that intelligence would be ineffective.

Experience with the questioning regime has shown that it is yielding valuable information in an environment of stringent safeguards and accountability mechanisms, and is proving to be a useful tool in the fight against terrorism.

Parliament enacted ASIO’s questioning and detention powers subject to a review by January 2006 by what is now the Parliamentary Joint Committee on Intelligence and Security (PJC), and a sunset clause by which the powers would cease to operate after 22 July 2006.

During 2005, the PJC conducted a comprehensive review of the operation, effectiveness and implications of the powers.

I thank the committee for its detailed examination of the issues and welcome its report, which was tabled in November 2005.

I note that the PJC concluded that for the foreseeable future there are threats of possible terrorist attacks in Australia and that some people in Australia might be inclined or induced to participate in such activity.

I am pleased that the PJC recognised that the questioning regime has been useful in dealing with this situation, and that the powers have been used within the bounds of the law and that they have been administered in a professional way.

On this basis, the PJC recommended that the powers should continue beyond the sunset period, and made 19 recommendations aimed at improving the operation of the regime.

The government has given careful consideration to all the PJC’s recommendations, and is responding in a way that addresses the committee’s concerns as far as possible.

The government has agreed to clarify the regime and enhance rights and safeguards where doing so would not undermine the fundamental nature and purpose of the regime, nor impact unduly upon its operation.

I am pleased to now present a document which sets out the government’s response to each of the committee’s recommendations.

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