Terms of reference

On 26 August 2025, the Minister for Home Affairs, the Hon Tony Burke MP wrote to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) to refer the Australian Security Intelligence Organisation (ASIO) Amendment Bill (No. 2) 2025 (the Bill) for inquiry and report. The Minister’s referral included a request that the Committee:

… consider the legislated thresholds applying to ASIO's questioning framework—including whether a statutory requirement to assess necessity and proportionality in the issuing criteria for questioning warrants should be implemented as a further safeguard, noting the proactive oversight of the powers by the Inspector-General of Intelligence and Security and the requirements contained in the Minister's Guidelines to ASIO.

In 2023 the PJCIS exercised its function under paragraph 29(1)(ce) of the Intelligence Services Act 2001 (IS Act) to commence a statutory review of the compulsory questioning framework. However, the Review of Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 lapsed upon the dissolution of the House of Representatives on 28 March 2025.

On 27 August 2025 the Committee resolved to re-initiate the lapsed statutory review and conduct it cognately with its inquiry into the Bill, with a view to presenting a single report to Parliament covering both.