Jenny McAllister (NSW, Australian Labor Party, Shadow Cabinet Secretary) Share this | Hansard source

In the aftermath of September 11 this parliament voted to give ASIO a range of extraordinary powers in response to extraordinary times. Since then, the two powers that are the subject of the Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Bill 2019 have remained largely unused. The questioning power has not been used since 2010 and had been used only once before then. The questioning and detention power has never been used.

There is overwhelming consensus that reform is needed. In 2012 the then Independent National Security Legislation Monitor, Mr Bret Walker, recommended that the questioning and detention power be repealed and the questioning power be amended. In 2016 the next Independent National Security Legislation Monitor, the Hon. Roger Gyles, said the same thing. Recently, the current Independent National Security Legislation Monitor, Dr James Renwick, told the Parliamentary Joint Committee on Intelligence and Security that he agreed with his predecessors.

They are not alone. ASIO has said that it also supports the repeal of the questioning and detention power and called for amendments to the questioning power. The government-controlled PJCIS, chaired by Mr Hastie in the other place and of which I was and remain a member, recommended in March last year that the questioning and detention power be repealed and that the government develop legislation for a reformed questioning power by the end of 2018. They have not done this. Instead, they fronted up to parliament and requested a further 12-month extension of the sunsetting provisions.

Let's be clear about what it represents. The government has failed to meet its own timetable to provide ASIO with the powers they have requested. This government seems to care more about briefing the media about national security than about doing the homework to keep Australians safe. Responsibility for this rests with the Minister for Home Affairs, Mr Dutton. This legislation gives the government another 12 months to try to do what they should have done years ago: remove a power that is not needed and reform a power that is. They should use the time wisely.