Submission to Parliamentary Joint Committee on Intelligence and Security Inquiry - Australian Security Intelligence Organisation Amendment Bill 2020 (Cth) (Submission 7)

The Bill provides an extensive array of new powers for the Australian Security Intelligence Organisation, principally by extending ASIO questioning warrants beyond the present discrete circumstances ‘that the issuing authority is satisfied that there are reasonable grounds for believing that the warrant will substantially assist the collection of intelligence that is important in relation to a terrorism offence’ (ASIO Act s.34 E (1) (b)) to include the much broader subject matters of espionage,politically motivated violence and acts of foreign interference, whether directed from, or committed within, Australia or not (in the case of adult questioning warrants) and a matter that relates to the protection of, and of the people of, the Commonwealth and the several States and Territories from politically motivated violence, whether directed from, or committed within, Australia or not (in the case of minor questioning warrants)
In addition, the Bill provides for extensive warrantless, internal ASIO authorisation powers relating to the authorisation, installation, use and maintenance of tracking devices (any device capable of being used (whether alone or in conjunction with any other device) to track a person or an object. The proposed warrantless tracking device powers are at odds with the longstanding and ministerially accountable Attorney General’s warrants and warrant process applicable to the suite of secret and intrusive ASIO powers, such as telecommunications interceptions, premises searches, computer access warrants, other surveillance device warrants and inspection of postal and delivery articles warrants.