Australian Secret Intelligence Service

The majority voted against a motion introduced by Senator Nick Xenophon (SA), which means it failed.

Motion text

That the Senate—

(a) notes that:

(i) the Foreign Minister has denied Witness K, a former public servant and Australian citizen, an Australian passport,

(ii) the denial was made on the advice of the Australian Security Intelligence Service (ASIS), a competent authority for the purpose of the Australian Passports Act 2005,

(iii) denying an Australian citizen a passport is a serious restriction of liberty, and must not be done lightly,

(iv) during Budget estimates, questions were put to the Attorney-General (representing the Foreign Minister) as to the appropriateness of ASIS being relied upon as a competent authority in the circumstances of the case – the Attorney-General took the question on notice,

(v) after consideration, the Government has advised that the questions put to the Attorney-General are properly questions for ASIS,

(vi) although there is no constraint prohibiting ASIS from appearing at estimates hearings, they do not normally do so, and

(vii) the Foreign Affairs, Defence and Trade Legislation Committee has declined to invite ASIS to appear at the October 2017 supplementary Budget estimates hearings; and

(b) orders that the Australian Security Intelligence Service appear before the Foreign Affairs, Defence and Trade Legislation Committee at the October 2017 supplementary Budget estimates hearings.