From Senator Alex Antic
The ‘Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025’ has recently passed the House of Representatives, and soon it will come before the Senate.
I will be voting AGAINST the passage of this bill and the reason is simple: this bill threatens to limit the legal protections of Australians in their interactions with ASIO, while simultaneously reducing oversight of their extraordinary powers.
I do not use the word ‘extraordinary’ flippantly – the powers outlined in this bill are not ‘ordinary’ by the traditional standards of a liberal state. For instance, ASIO’s ‘compulsory questioning’ powers were only introduced on an explicitly temporary basis, with a sunset clause requiring parliamentary consideration before renewal every three years.
This new bill seeks to do away with that sunset clause, in effect baking in this power by turning it from ‘temporary’ to ‘permanent.’ To be clear, ASIO’s ‘compulsory questioning’ power allows them to compel individuals, including those not suspected of crimes, to appear for questioning and produce materials.
The removal of this sunset clause is just one of many concerns I have with this Bill, but I highlight it here because it is emblematic of the shift that has taken place in our thinking about freedom and security in Australia.
When compulsory questioning powers were introduced in 2003, the war on terror was forefront of mind. Over 100 Australians had been killed or seriously injured in recent terror attacks, such as 9/11 and the Bali Bombing.
Yet even despite this heated environment, these powers were only introduced on a temporary basis, for they would never have been accepted were they to be permanent upon introduction.
Parliament must not let its judgement be clouded or compromised and must ensure there are appropriate limits to government power.
We all love this country and want to see it protected, but to truly protect Australia we must also guard against internal changes that threaten to harm the way of life we hold so dear. This includes legislative changes that increase government powers at the expense of our freedom.
In a state where freedom is over-prioritised at the expense of security, the result is anarchy. In a state where security is over-prioritised at the expense of freedom, the result is totalitarianism and tyranny.
I will not put my name to an overreach of this nature, and neither should the Australian Parliament.
# Senator Antic was a lawyer before entering the senate.
Further warning from Sydney Criminal Lawyers: https://www.sydneycriminallawyers.com.au/blog/asios-police-state-compulsory-questioning-powers-to-be-made-permanent/
