Asio’s “Police State” Compulsory Questioning Powers to Be Made Permanent
Home Affairs Minister Tony Burke has placed a bill before the Senate that would make asio’s compulsory questioning powers permanent. The Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025, introduced on 23 July 2025 (ET) and passed in the lower house in mid-February 2026 (ET), would remove the long-standing sunset clause and enshrine the regime. The measure would allow the agency to question non-suspects, including minors, for up to a cumulative 24 hours in relation to espionage, politically motivated violence and foreign interference.
Asio powers: the bill and the changes
The bill seeks to convert a set of laws that have been extended repeatedly into permanent authority under part 3 division 3 of the Australian Security Intelligence Organisation Act. The compulsory questioning framework was first enacted in 2003 with a sunset clause and has been extended multiple times; the current package was introduced on 23 July 2025 (ET) and later passed the House of Representatives in mid-February 2026 (ET). Under the law as amended in 2020, minors can be compelled for questioning from age 14 on matters tied to politically motivated violence; adults and minors can be questioned for up to a cumulative 24 hours, with shorter continuous periods prescribed for minors.
Home Affairs Minister Burke has extended the regime’s operation to 7 March 2027 (ET) while broader reform sits before parliament and is seeking to expand the scope of matters covered by compulsory questioning, including additional categories cited by his office. The 2020 overhaul by then Home Affairs Minister Peter Dutton lowered the age threshold to 14 and broadened the questioning regime to include politically motivated violence alongside espionage and foreign interference.
Immediate reactions
Tony Burke, Home Affairs Minister, Australian Government, defended the changes in his second reading speech: “Since its introduction, the framework has been subject to five parliamentary reviews and two independent reviews, causing the parliament to extend the sunset date five times. Removing the sunset provision reflects the government’s view that these powers now form an essential part of ASIO’s collection powers, particularly in light of the threat environment. ”
The extension and permanence of compulsory questioning powers has prompted formal concern from legal advocates. The Law Council of Australia warned in its submission that: “Given the inconsistency of public statements about the utility of the questioning warrant powers, especially as they apply to minors, the Law Council cannot support these powers being rolled over in perpetuity. ”
Quick context and what’s next
The compulsory questioning regime has been one of the most controversial pieces of national security law since its 2003 inception, repeatedly debated and renewed every three to five years. The framework has been subject to five parliamentary reviews and two independent reviews while more than 100 national security measures have been enacted across successive governments since 2001.
With the bill now before the Senate, the next development is a Senate vote that will determine whether the compulsory questioning measures become permanent law; parliamentary timing and any further amendments will shape the regime’s final form. Observers will watch whether senators accept the removal of the sunset clause and the government’s proposed scope expansions, and how judicial, legal and parliamentary scrutiny proceeds as the matter moves through the upper house. The fate of asio’s permanent questioning powers now rests with the Senate timetable and deliberations (ET).
