The Parliamentary Joint Committee on Intelligence and Security (the Committee) has commenced a review into Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (the Act).

Division 3 of Part III of the Act provides for the Australian Security Intelligence Organisation (ASIO) to request that the Attorney-General issue a warrant to require 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 questioning matter.

The Attorney-General may issue an adult questioning warrant for a person over 18 years or a minor questioning warrant for a person 14-18 years.

The Australian Security Intelligence Organisation Amendment Act 2020, considered by the Committee in its Advisory Report on the Australian Security Intelligence Organisation Amendment Bill 2020, made significant amendments to compulsory questioning powers. In considering the Bill, the Committee recommended the Intelligence Services Act 2001 be amended to allow the Committee to commence a review of the provisions by 7 September 2023.

In September 2023 the previous Committee commenced a review of the operation, effectiveness and implications of Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (ASIO Act), pursuant to paragraph 29(1)(ce) of the Intelligence Services Act 2001.
Submissions to the review were received by early 2024 and a public hearing was held in May 2024. However this review lapsed with the end of the 47th Parliament.

The Committee is still required by the Intelligence Services Act 2001 to report on this review, however the introduction and referral of the inquiry into the Australian Security Intelligence Organisation Amendment Bill No. 2 (ASIO Bill No. 2), will also consider the compulsory questioning framework.

Any submissions made to the Review of Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 should be done via the inquiry into the Australian Security Intelligence Organisation Amendment Bill No. 2 (ASIO Bill No. 2).