David Feeney (Victoria, Australian Labor Party, Parliamentary Secretary for Defence) Share this | Hansard source

I thank the senator for his question. While your question is a reasonable one, I do not accept your conclusion. The first point I would make is that the amendments to the foreign intelligence collection provisions are not too broad. We must remember that ASIO's foreign intelligence role is a role that is defined by and complements the functions of the other existing intelligence agencies, which are also responsible for obtaining foreign intelligence. ASIO's foreign intelligence function is intended to enable similar intelligence to be collected where it is necessary to collect foreign intelligence within Australia. For the ASIO foreign intelligence function to operate as a truly complementary function, it needs to reflect the same intelligence and purposes for which that intelligence may be obtained under the Intelligence Services Act 2001. If they are not aligned, there are some potential gaps in Australia's intelligence coverage.

I would also make the point that the threats that are identified to Australia in this space are forever changing, and it is our challenge as legislators to make sure that the agency remains continually equipped with the powers it needs to discharge the function we all require of it. So the ASIO Act being currently limited to intelligence about foreign powers may mean that ASIO is not able to cover the same range of intelligence about individuals, non-state and even non-political organisations and actors that are covered by the Intelligence Services Act.

The obvious issues we need to turn our minds to in that respect are the proliferation of nuclear, biological, chemical and conventional weapons. Of course, what flows from that is the need to have a look at related technologies in a complex global environment and the multiplicity of actors that might be operating in that space, and that then may mean individuals and com­panies working across multiple countries. I know, from having listened to you talk about nuclear proliferation issues in the past, you are utterly familiar with those questions. In addition to those, it will facilitate oppor­tunities to detect cyberattacks. Cyberwarfare, I guess, is an increasing focus not just of commentators, not just of intelligence organisations, but also of us legislators. So my answer is that, as ASIO's role needs to countenance new technologies, the internet and increasingly complicated networks that may span non-state actors, for all of those reasons this legislation is giving ASIO powers that accord with its traditional task but enable it to move across the changing environment of organisations and non-state actors that it must keep an eye on.