1. Committee Activities During the Review Period
   1. The Parliamentary Joint Committee on Intelligence and Security (PJCIS) is established pursuant to section 28 of the Intelligence Services Act 2001 (IS Act). The functions of the Committee are set out in section 29 of the IS Act which is reproduced at Appendix A.[1]
   2. The Committee is required by section 31 of the IS Act to provide the Parliament with a report on its activities over each financial year. This report fulfils that requirement for the period from 1 July 2024 to 30 June 2025.

The year in review

1.3The 2024-25 reporting year covered the last nine months of the 47th Parliament (see below). That period saw the (previous) Committee continue reviewing a range of prospective and existing national security legislation, in addition to its ongoing oversight activities.

1.4At the commencement of the reporting period the Committee had 12 members and one vacancy. These 12 comprised five Senators and seven members of the House of Representatives. A majority of the Committee’s members (seven) were Government members, as required by the IS Act.

1.5On 29 July 2024 two members of the Committee (Mr Julian Hill MP and Mr Josh Wilson MP) were discharged from the Committee, in accordance with clauses 14 and 15 of Schedule 1 to the IS Act, upon their swearing in as Assistant Ministers. On 12August 2024, Ms Sharon Claydon MP and Hon Brendan O’Connor MP were appointed to the Committee by the House of Representatives.

1.6On 8 October 2024, Mr Peter Khalil MP resigned the office of Chair of the Committee. The Committee elected Senator Raff Ciccone as its new Chair. The following day, Mr Khalil resigned from membership of the Committee, and the House of Representatives appointed Ms Meryl Swanson MP as a new Committee member.

1.7On Tuesday 28 January 2025, Senator the Hon Simon Birmingham resigned from membership of the Committee.

1.8A general election was called on 28 March 2025, at which point Parliament was prorogued and the House of Representatives was dissolved. In accordance with clause 15 of Schedule 1 to the IS Act, this meant that all membership of the Committee ceased, and its business was therefore suspended until after the appointment of new members in the 48th Parliament.

1.9From then until the conclusion of the reporting period on 30 June 2025, the Parliament remained prorogued and there was no Committee in operation.

Overview of activities

1.10During the review period the Committee held 28 meetings and briefings, including four public hearings. This supported the Committee’s work across 12 inquiries. The Committee presented seven reports including its annual report for 2023-24.

1.11A list of all reports presented by the Committee during the review period and government responses received is at Appendix B.

Oversight responsibilities

Reviews of administration and expenditure

1.12Paragraph 29(1)(a) of the IS Act requires the Committee to review the administration and expenditure of the six intelligence agencies that comprise the (former) Australian Intelligence Community (AIC):

• Australian Geospatial-Intelligence Organisation (AGO)
• Australian Security Intelligence Organisation (ASIO)
• Australian Secret Intelligence Service (ASIS)
• Australian Signals Directorate (ASD)
• Defence Intelligence Organisation (DIO)
• Office of National Intelligence (ONI).
  13. To fulfil this function, the Committee conducts annual reviews of the administration and expenditure of these agencies, largely through the receipt and examination of classified evidence.
  14. The Committee examines the financial performance and management of each agency and the budgetary framework in which each agency operates. The Committee may also consider other matters that impact on the administration of agencies, such as organisational restructuring, change management, human resources management and staffing issues, agency governance and legal compliance.

Administration and Expenditure review No. 22 (2022-2023)

1.15The Committee launched its 22nd review of administration and expenditure, for the financial year 2022-23, in September 2023.

1.16The focus areas agreed by the Committee for this review were:

• artificial intelligence, machine learning and bio-intelligence
• policies, guidelines and other initiatives for staff support services
• strategic workforce planning activities and initiatives, including long-term recruitment planning, attracting and retaining specialised skill sets, and initiatives directed at diversity and inclusion
• the use of external contractors.
  17. The Committee received submissions from the six AIC agencies, the Australian National Audit Office (ANAO) and the Inspector-General of Intelligence and Security (IGIS). While most submissions were classified, ONI, ANAO and IGIS provided unclassified versions of their submissions which were published by the Committee.[2] Supplementary (classified) submissions were also received from agencies during the course of the review.
  18. The Committee held classified hearings for the review on 16 and 17 April and 15 and 16 May 2024, and its report was presented on 4 February 2025.

Administration and Expenditure review No. 23 (2023-2024)

1.19The Committee launched its 23rd review of administration and expenditure, for the financial year 2023-24, in September 2024.

1.20The Committee did not identify any specific focus areas for the 23rd review.

1.21Once again, the Committee received classified submissions from the six AIC agencies, ANAO and IGIS; and unclassified versions of their submissions from ONI, ANAO and IGIS.[3] Supplementary (classified) submissions were also received from agencies during the course of the review. The Committee held classified hearings for the review on 13 and 14 February 2025.

1.22The Committee’s review of administration and expenditure No. 23 lapsed with the prorogation of Parliament in March 2025. At the end of the reporting period, the review awaited re-commencement by a new Committee in the 48th Parliament.

Review of listings of terrorist organisations under the Criminal Code

1.23The Schedule to the Criminal Code Act 1995 (Criminal Code) provides for regulations to be made specifying an organisation as a terrorist organisation, where the Attorney-General is satisfied on reasonable grounds that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or advocates the doing of a terrorist act. The effect of such a regulation is to trigger the application of offences listed in Division 102 of the Criminal Code, such as being a member of, financing, or associating with a terrorist organisation.

1.24Section 102.1A of the Criminal Code provides that the Committee may review a terrorist organisation instrument at any time, and report the Committee’s comments and recommendations to each House of Parliament.

1.25During the reporting period the Committee completed one review of a terrorist organisation listing under the Criminal Code.

Listing of Ansar Allah as a terrorist organisation under the Criminal Code

1.26On 25 June 2024 the Committee commenced a review into a regulation made on 23 May 2024, listing Ansar Allah (also referred to as the Houthis or Houthi movement) as a terrorist organisation under the Criminal Code for the first time.

1.27The Committee invited public submissions. In addition to the usual submission from the Attorney-General’s Department (AGD) comprising information and documents relating to the listing, the Committee received submissions from the Australian Federal Police Association, the Australian Council for International Development and two members of the public.

1.28The Committee’s report was presented on 12 August 2024. The Committee reported that it was satisfied with the processes followed in respect of the organisation and supported its listing as a terrorist organisation.

Review of ‘Declared Areas’ under the Criminal Code

1.29Section 119.2 of the Criminal Code provides that it is an offence for a person to enter, or remain, in a ‘declared area’. Section 119.3 provides that the Minister for Foreign Affairs may, by legislative instrument, declare an area in a foreign country for the purposes of section 119.2 if he or she is ‘satisfied that a listed terrorist organisation is engaging in a hostile activity in that area of the foreign country’.

1.30The Criminal Code provides that the Committee may review such declarations by the Minister for Foreign Affairs and report to the Parliament within the disallowance period of 15 sitting days for a declaration, or at any time a declaration is in effect.

1.31No such declarations were made during the reporting period, and as of 30 June 2025 there were no declared areas under the Criminal Code.

Temporary Exclusion Orders

1.32Paragraph 29(1)(cd) of the IS Act requires that the Committee monitor and review the exercise of powers under the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 (TEO Act) by the Minister administering that Act. The TEO Act empowers the Minister to issue a temporary exclusion order in respect of an Australian citizen overseas which prevents that person’s return to Australia without a return permit, and to issue a return permit placing conditions on the person’s return.

1.33The Minister responsible for the Australian Federal Police (AFP) is required under section 31 of the TEO Act to provide an annual report to Parliament in respect of the operation of that Act. The Minister’s report for the year ending on 30 June 2025 was presented to the Senate on 18 December 2025. It recorded no relevant activity under the TEO Act, including that no temporary exclusion orders or return permits were made, varied or revoked during the period.[4]

Oversight of AFP counter-terrorism and stop, search and seizure activities

1.34Pursuant to paragraph 29(1)(baa) of the IS Act it is a function of the Committee to monitor and review the performance by the AFP of its functions under Part 5.3 of the Criminal Code and Part IAA of the Crimes Act 1914 (Crimes Act).

1.35Part 5.3 of the Criminal Code relates to Commonwealth terrorism offences and the control order, preventative detention order, and post-sentence order regimes. Division 3A of Part IAA of the Crimes Act provides for stop, search and seizure powers made available to the AFP in relation to terrorism offences.

1.36It is the Committee’s practice to review the AFP’s exercise of these functions each year by seeking information from the AFP and from the Commonwealth Ombudsman, which exercises certain oversight functions in relation to the AFP’s Part 5.3 powers.

1.37Details of the AFP’s exercise of its Part 5.3 powers during the reporting period are outlined at Appendix C of this report.

Review of retained data activities of the AFP and ASIO

1.38Part 5-1A of the Telecommunications (Interception and Access) Act 1979 (TIA Act) provides for a mandatory data retention regime which requires telecommunications carriers, carriage service providers and internet service providers to retain a defined set of telecommunications data for two years. The regime is designed to ensure that such data remains available for law enforcement and intelligence investigations, and the TIA Act establishes an authorisation framework for specified agencies to seek access to this data. These are known as ‘retained data’ provisions and activities.

1.39Pursuant to paragraph 29(1)(bd) of the IS Act, it is a function of the Committee to review any matter that relates to the retained data activities of ASIO and is set out in the relevant sections of ASIO’s annual report. Similarly under paragraph 29(1)(be) of the IS Act it is a function of the Committee to review any matter that relates to the retained data activities of the AFP in relation to offences under Part 5.3 of the Criminal Code. These reviews are subject to certain specific rules under subsections 29(4) and 29(5) of the IS Act.

1.40ASIO provided its 2024-2025 annual report, including the relevant classified annexes, to the Committee on 5 November 2025. The Committee continues to review the retained data activities of ASIO as part of its administration and expenditure reviews.

1.41The Committee receives an annual briefing from the AFP and the Commonwealth Ombudsman to identify any issues relating to the AFP’s retained data activities. No concerns were identified regarding significant or systemic non-compliance in the 2024-25 reporting period.

Notifications

1.42In addition to the above, several other Acts contain provisions requiring that the Committee be notified, or provided with a report, when certain actions are taken or events occur: for example, emergency authorisations of certain intelligence agency activities, issuing or varying certain telecommunications interception warrants, and declarations relating to critical infrastructure. Such notifications enable the Committee to monitor sensitive national security activities and decisions, and when it deems necessary, seek further information or briefing from relevant agencies to satisfy itself about the decision made or action taken.

1.43Appendix D sets out notifications and reports received by the Committee during the reporting period.

Bill inquiries

1.44The Committee completed four reviews covering six bills during the reporting period:

• Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024
• Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2024
• Cyber Security Legislative Package 2024 consisting of:

• Cyber Security Bill 2024
• Intelligence Services and Other Legislation Amendment (Cyber Security) Bill 2024
• Security of Critical Infrastructure and Other Legislation Amendment (Enhanced Response and Prevention) Bill 2024

• Transport Security Amendment (Security of Australia's Transport Sector) Bill 2024.
  45. One further bill, the Intelligence Services Legislation Amendment Bill 2023, remained under review by the Committee when the 47th Parliament ended, causing both the Bill and the Committee’s review of it to lapse.

Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024

1.46On 27 March 2024 the Attorney-General introduced the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024 into Parliament. On 3 April the Bill was referred to the Committee for inquiry and report. The Committee commenced its inquiry on 11 April 2024.

1.47The ‘declared areas’ offence in section 119.2 of the Criminal Code was due to cease (‘sunset’) on 7 September 2024. The Bill proposed to continue the offence for a further three years, until 7 September 2027. In addition, the Bill introduced a new sunsetting clause into section 119.3—the provision under which the Minister for Foreign Affairs can declare an area for the purpose of the offence in section 119.2—providing that it would also cease to have effect on 7 September 2027. Previously, section 119.3 was not subject to a sunsetting provision.

1.48The Committee received 8 submissions and 5 supplementary submissions. It held one public hearing, on 20 May 2024. The Committee presented its report on 12 August 2024. The Committee recommended that the Bill be passed subject to recommendations that following passage of the Bill and before the next sunsetting of the provisions in 2027, the Government consider:

• reviewing the list of ‘legitimate purpose’ exceptions for entering or remaining in a declared area in subsection 119.2(3) of the Criminal Code, including whether any additional exceptions should be prescribed by regulations
• adding an exception to the offence of entering, or remaining in, a declared area, where a person is already travelling to or in the area on the day it becomes a declared area, and leaves as soon as practicable, and within a month at the latest
• reviewing the existing safeguards on the Minister for Foreign Affairs’ discretion to declare an area, including the Minister’s protocol and the list of factors to be taken into consideration before declaring an area.
  49. In addition the Committee recommended that the Independent National Security Legislation Monitor (INSLM) review Division 119 of the Criminal Code, with particular attention to the declared areas provisions and their ongoing necessity within the broader counter-terrorism legislative framework, and report its findings in relation to the declared areas by 7 January 2027.

Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2024

1.50On 27 March 2024 the Attorney-General introduced the Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2024 into Parliament. Following a referral by the Attorney-General, the Committee commenced its inquiry on 11 April 2024.

1.51The Bill sought to amend and clarify the intended operation of provisions in various crime-related statutes, by:

• expressly authorising police executing search warrants to seize digital assets, such as cryptocurrency, including by accessing a person’s digital wallet and transferring its contents
• extending investigative and freezing powers relating to financial institutions to cover digital currency exchanges
• increasing the value of the Commonwealth penalty unit from $313 to $330
• creating a position of Communications Security Coordinator in the Department of Home Affairs, with responsibility for certain telecommunications security functions
• amending information-sharing provisions in the TIA Act relevant to state-based oversight bodies for integrity agencies.
  52. The Committee received seven submissions and one supplementary submission. The Committee presented its report on 12 August 2024. The Committee recommended that the Bill be passed subject to three recommendations, including that certain further amendments be considered as part of the broader electronic surveillance reform proposed by Government, or other future reforms to the TIA Act.

Cyber Security Legislative Package 2024

1.53The three Bills that constitute the Cyber Security Legislative Package were introduced into the House of Representatives on 9 October 2024. On the same day, the Minister for Home Affairs and Minister for Cyber Security the Hon Tony Burke MP wrote to refer the Package to the Committee for inquiry and report.

1.54The Cyber Security Legislative Package encompassed the Cyber Security Bill 2024, the Intelligence Services and Other Legislation Amendment (Cyber Security) Bill 2024 and the Security of Critical Infrastructure and Other Legislation Amendment (Enhanced Response and Prevention) Bill 2024.

1.55The Bills were intended to implement seven initiatives under the 2023–2030 Australian Cyber Security Strategy, including measures intended to:

• mandate minimum cyber security standards for smart devices
• introduce mandatory ransomware reporting for certain businesses to report ransom payments
• introduce ‘limited use’ obligations for the National Cyber Security Coordinator and ASD
• establish a Cyber Incident Review Board.
  56. The Cyber Security Legislative Package also introduced reforms to the Security of Critical Infrastructure Act 2018 (SOCI Act), which were intended to:
• clarify existing obligations in relation to systems holding business critical data
• enhance government assistance measures to better manage the impacts of ‘all hazards’ incidents on critical infrastructure
• simplify information sharing across industry and Government
• introduce a power for the Government to direct entities to address serious deficiencies within their risk management programs
• align regulation for the security of telecommunications into the SOCI Act.
  57. The Committee received 64 submissions and 4 supplementary submissions, and held public hearings on 31 October and 1 November 2024. The Committee presented its report on 18 November 2024. The Committee noted the urgency of the package and recommended that the Bills be passed subject to 12 other recommendations. These included that:
• proposed ransomware reporting obligations apply only to the extent that a ransomware incident relates to the reporting business entity’s operations in Australia
• the Government take measures to minimise duplication in cyber security incident reporting, ensure that ransomware reporting is as user friendly and accessible as possible, and provide the Department of Home Affairs and ASD with adequate resources to educate and guide businesses in that regard
• provisions relating to the Cyber Incident Review Board be enhanced, including requiring the Minister to consult the Board before approving the terms of reference for a cyber incident review
• protections conferred by the ‘limited use’ provisions be more clearly expressed and explained
• the Committee may (if it resolves to do so), conduct future reviews of the operation, effectiveness and implications of both the SOCI Act and the Cyber Security Act 2024, in 2026 and 2027 respectively.

Transport Security Amendment (Security of Australia's Transport Sector) Bill 2024

1.58The Transport Security Amendment (Security of Australia's Transport Sector) Bill 2024 was introduced into the House of Representatives on 28 November 2024, and referred to the Committee for inquiry and report on 13 January 2025.

1.59The Bill made reforms to the Aviation Transport Security Act 2004 and the Maritime Transport and Offshore Facilities Security Act 2003, intended to strengthen, modernise and improve consistency in Australia’s transport sector security settings.

1.60The Committee received 21 submissions and 6 supplementary submissions, and held one public hearing on 20 February 2025. The Committee presented its report on 7 March 2025, recommending that the Bill be passed subject to six recommendations, mainly focused on the Government providing further clarity and guidance to industry on the new framework and obligations, enhancing consultation with and support to affected entities, and working to reduce duplication and simplify reporting requirements.

Intelligence Services Legislation Amendment Bill 2023

1.61The Intelligence Services Legislation Amendment Bill 2023 was introduced into Parliament by the Attorney-General on 14 June 2023 and referred to the Committee on 22 June 2023 for review and report.

1.62The Bill proposed to amend the Inspector-General of Intelligence and Security Act 1986 and the IS Act to make a range of changes to the functions and powers of the PJCIS and the IGIS, including to:

• expand the jurisdiction of the IGIS and the PJCIS to include all agencies now comprising the National Intelligence Community (NIC), by adding oversight of the Australian Criminal Intelligence Commission (ACIC), and the intelligence functions of the Australian Transaction Reports and Analysis Centre (AUSTRAC), AFP and Department of Home Affairs
• provide the PJCIS with a limited ‘own motion’ power to review proposed reforms to counter-terrorism and national security legislation, and all such expiring legislation
• enable the PJCIS to request that the IGIS conduct inquiries into the legality and propriety of particular operational activities of the agencies within the IGIS’s jurisdiction
• require the IGIS and the Director-General of ONI to provide annual briefings to the PJCIS.
  63. The Bill also contained various technical amendments to the provisions of the IS Act relating to the Committee, including to clarify the role of subcommittees, clarify the categories of information the Committee cannot disclose, and amend provisions relating to security clearances for secretariat staff.
  64. The Committee received ten submissions and six supplementary submissions, and held one public hearing, on 12 December 2023. On 28 March 2025, when the Parliament was prorogued, both the Bill and the Committee’s review of it lapsed.

Statutory reviews

1.65The Committee did not complete any statutory reviews during the reporting period.

1.66At the prorogation of the 47th Parliament on 28 March 2025, three statutory reviews remained before the Committee, relating to:

• Division 3 of Part III of the ASIO Act
• Division 105A of the Criminal Code
• the Migration Amendment (Clarifying International Obligations for Removal) Act 2021.
  67. These three reviews lapsed at that time, and at the end of the reporting period, awaited re-commencement by the new Committee in the 48th Parliament.

Division 3 of Part III of the ASIO Act (compulsory questioning powers)

1.68On 7 September 2023, the Committee commenced a review of Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (ASIO Act), in accordance with paragraph 29(1)(ce) of the IS Act.

1.69Division 3 of Part III of the ASIO Act provides for the Attorney-General to issue, at ASIO’s request, a warrant requiring a person to appear before a prescribed authority to give information, or produce a record or other thing, that is, or may be, relevant to intelligence that is important in relation to a matter of espionage, politically motivated violence or foreign interference.

1.70The Committee received eight submissions and four supplementary submissions, and held a public hearing on 23 May 2024, prior to the lapsing of the review.

Division 105A of the Criminal Code

1.71Under paragraph 29(1)(bbaaa) of the IS Act, the Committee was required to commence a review of the operation, effectiveness and implications of Division 105A of the Criminal Code, and any other provision of the Criminal Code as it relates to that Division, within 12 months of the INSLM completing a review into that Division.

1.72Division 105A provides for court orders for the continued detention or extended supervision of individuals who have served a sentence for a serious terrorism offence, and are considered to pose an unacceptable risk to the community if they are released without restriction.

1.73On 30 March 2023, the Attorney-General presented the INSLM’s review of Division 105A to Parliament. Consequently, the Committee launched its review of Division 105A of the Criminal Code on 11 May 2023.

1.74The Committee received 15 submissions and seven supplementary submissions from government, advocacy groups and legal experts and held a public hearing on 15 March 2024, prior to the lapsing of the review.

Migration Amendment (Clarifying International Obligations for Removal) Act 2021

1.75On 15 May 2023, the Committee commenced a review required by paragraph 29(1)(cf) of the IS Act into amendments made to the Migration Act 1958 (Migration Act) by Schedule 1 of the Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (CIOR Act).

1.76Schedule 1 of the CIOR Act amended provisions of the Migration Actrelating to protection visas, to clarify that the Migration Act does not authorise the involuntary removal of a person to a country where a protection finding has been made in relation to the person with respect to that country. The amendments also required that Australia’s protection obligations be considered before a decision is made to grant or refuse a protection visa.

1.77The Committee received 10 submissions prior to the review lapsing in March 2025.

Other activities of the Committee

Private briefings

1.78Through the reporting period, the Committee received various private briefings from relevant Commonwealth departments and agencies on a range of matters relevant to its intelligence oversight and national security functions. While these were most often classified discussions, and are unable to be reported publicly, the Committee values interlocutors’ ongoing willingness to engage with it in a timely and informative way, and thanks those who participated in its briefings.

Committee comment

1.79This report is presented to Parliament by the Committee as constituted after the conclusion of the 2024-25 reporting period, and the commencement of the 48th Parliament. The current membership of 12 includes nine members new to the Committee.

1.80As such, the Committee acknowledges those members who participated during the reporting period (listed at the front of this report) and are no longer serving on the Committee. These include three former Chairs of the Committee. The present Committee thanks all of the former members for their contributions up to and during 2024-2025, and looks forward to continuing the Committee’s important work during the 48th Parliament.

Senator Raff Ciccone

Chair

4 February 2026

Footnotes

[1]In addition to the Intelligence Services Act 2001, other legislation also confers specific functions on the Committee, including (but not limited to) the Criminal Code Act 1995 and the Telecommunications (Interception and Access) Act 1979.

[2]PJCIS Review of Administration and Expenditure No. 22 (2022-2023)—Australian intelligence agencies: Inspector-General of Intelligence and Security, Submission 6; Australian National Audit Office, Submission 7; Office of National Intelligence, Submission 8.

[3]PJCIS Review of Administration and Expenditure No. 23 (2023-2024)—Australian intelligence agencies: Office of National Intelligence, Submission 2; Australian National Audit Office, Submission 5; Inspector-General of Intelligence and Security, Submission 8.

[4]Minister for Home Affairs, the Hon Tony Burke MP, Report to Parliament for tabling, under section 31 of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 (TEO Act), Reporting period: 1 July 2024 to 30 June 2025, dated 28 November 2025.