Allied Intelligence — 2026-06-13

Australia Scraps Plan to Make ASIO Post-9/11 Compulsory Questioning Powers Permanent but Expands Covered Offences

BLUFCanberra's sunset clause concession likely secures Senate passage by late September while quietly locking in ASIO's broadest compulsory questioning mandate since the original post-9/11 authorities.

The Albanese government has withdrawn its proposal to permanently remove the sunset clause on ASIO's compulsory questioning powers while expanding covered offences to include promotion of communal violence and attacks on Australia's defence system, the Guardian reported June 10 1. The ASIO Amendment Bill (No. 2) 2025, which passed the House in February 2026, remains before the Senate with the government's revised amendment holding broad support 2. The Law Council of Australia, which had recommended against removing the sunset clause, welcomed the reversal as consistent with its submission to the Parliamentary Joint Committee on Intelligence and Security 2. Further amendments under Senate debate would remove authority to compulsorily question children as young as 14 and narrow supervision qualifications under the ASIO Act 2.

Analysis
The Albanese government's decision to drop permanent removal of the sunset clause cleared the chief procedural obstacle. The bill likely passes the Senate by September 30, 2026, with high confidence anchored in the clean February House vote, documented cross-chamber support, and Law Council endorsement. The proposed removal of child questioning authority eliminates the most visible civil liberties flashpoint, leaving no organized Senate bloc with a rationale to block. The sunset reversal trades periodic review for permanently broadened offences, netting ASIO wider substantive mandate than it held at introduction. Practitioners advising clients in communal violence and defence sectors should update exposure assessments.

2 sources

Labor scraps plan to make spy agency 9/11-era questioning powers permanent - The Guardian
ASIO Amendment Bill (No. 2) 2025 — Advocacy Update - Law Council of Australia