Law Council raises concerns about 'intrusive' questioning powers under ASIO bill
The Law Council of Australia says aspects of proposed laws that would expand the domestic spy agency's questioning powers are broader than China's national security laws imposed on Hong Kong.
It also warned the Australian Security Intelligence Organisation could have the power to compulsorily question Black Lives Matter protesters and journalists under the bill before Federal Parliament.
ASIO boss Mike Burgess has said the laws are needed to counter foreign interference. Credit:Alex Ellinghausen
Under the bill, ASIO's compulsory questioning powers would be expanded from just terrorism-related threats to cover espionage, foreign interference and politically motivated violence. The age at which ASIO could compulsorily question a minor would be reduced from 16 to 14 if they were suspected of planning a politically motivated attack.
Appearing before the parliamentary inquiry scrutinising the bill on Friday, the Law Council's David Neal said the power to question people suspected of planning "politically motivated violence" could be applied to Black Lives Matter protesters, particularly if they were involved in property damage.
"They certainly would not be presently and yes, that is the effect of the definition of politically motivated violence ... clearly that would include those sorts of things," he said.
Asked by Opposition legal affairs spokesman Mark Dreyfus whether the bill was broader than the Chinese national security law cracking down on subversion, secession, terrorism and foreign interference, Dr Neal said the "answer to that is yes" but he had a "couple of words of caution".
"It doesn't go to the extent of saying anything that is detrimental to the interests of China falls within this framework. It's addressed to different things," he said.
"However, we are very concerned that ... agents of ASIO would be entitled to detain compulsorily people for 40 hours to question them about things which are detrimental to the interests of Australia because they've been talking to someone who's classified as a foreign power.
"Keeping in mind that it's not someone who is actually going to do something which is detrimental to it, but simply someone who may have information about that who could be subject to this compulsory questioning and a five-year penalty if they don't co-operate with that process."
Dr Neal, co-chair of the Law Council's national criminal law committee, said journalists, business people dealing with foreign companies and lawyers could also be subject to the new laws.
"But I think we get too hung up on protecting people in specific categories and forget about us, citizens of Australia, who are subjected to these sorts of things. That this is not the sort of intrusive power that we would normally associate with countries which are described as liberal democracies."
In its submission to the parliamentary joint committee on intelligence and security's inquiry, ASIO said extending its compulsory questioning powers to cover espionage would allow it to "collect intelligence quickly and in high-threat environments".
ASIO investigations have identified foreign interference operations directed at politicians, business leaders, the media and members of diaspora communities.
Human rights groups and the Law Council have warned the proposed laws would infringe on children's fundamental rights, saying the bill is in breach of Australia's international obligations.
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