Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025

The majority voted against an amendment introduced by Warringah MP Zali Steggall (Independent), which means it did not succeed.

What does this amendment do?

Ms Steggall explained that:

I note the minister's comment earlier that, unfortunately, these powers are still needed. I don't dispute that; we are not here saying that these powers are not from time to time needed in a period where geopolitical tensions, terrorism, threats and harm are there and prevalent. But, from our community's perspective, we've also seen in recent times protests in Sydney, and many are concerned about overreach by law enforcement and the importance of having good accountability when extraordinary powers are granted to agencies, especially when they then override human rights.

The amendment I have proposed is very simple. Top of my overall concerns with these wide-ranging powers is how they apply to children, to minors. The amendment I propose demands extra safeguards in relation to children, where these powers involve children. These powers include the right for compulsory questioning. Compulsory questioning of someone under 18 can involve apprehension, and they are significant constraints on liberty and movement. Even the bill's own human rights analysis recognises these rights are engaged.

The amendment that I have proposed applies additional safeguards for minors. A minor's representative must always be present during questioning and is a person who can act in the best interests of that child, and the duration of questions should not exceed eight hours. The amendment also sunsets the powers in relation to the compulsory questioning of minors so that it can come back before this House for review if it is considered to continue to be necessary.

Amendment text

(1) Schedule 1, page 9 (after line 2), at the end of the Schedule, add:

Part 7 — Minor questioning warrants

Australian Security Intelligence Organisation Act 1979

12 After section 34JE

Insert:

34JEA Minor questioning warrants

(1) The Attorney-General must not issue a minor questioning warrant after 6 March 2027.

(2) Before 7 March 2027, despite any other provision of this Division:

(a) a minor's representative must be present at all times during the questioning of a minor; and

(b) questioning of a minor must not take longer than 8 hours.