Australian Security Intelligence Organisation Amendment Act (No. 2) 2026

law://au/act/2026/81@2026-11-13

Contents

1Short title#

This Act is the Australian Security Intelligence Organisation Amendment Act (No. 2) 2026.

2Commencement#

These Regulations shall come into force on 17th March 1987 and shall have effect as from 25th November 1982.

(1)Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The day after this Act receives the Royal Assent.	27 August 2026

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2)Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedules#

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1 · Amendments

Part 1 · Sunsetting

Australian Security Intelligence Organisation Act 1979 #

1 Section 34JF

Omit “7 March 2027”, substitute “the third anniversary of the commencement of the Australian Security Intelligence Organisation Amendment Act (No. 2) 2026”.

Intelligence Services Act 2001 #

2 Paragraph 29(1)(ce)

Omit “7 September 2023”, substitute “the second anniversary of the commencement of the Australian Security Intelligence Organisation Amendment Act (No. 2) 2026”.

Part 2 · Extending adult questioning warrants to additional heads of security

Australian Security Intelligence Organisation Act 1979 #

3 Section 34A (definition of adult questioning matter)

Repeal the definition, substitute:

adult questioning matter means a matter that relates to:

(a)the protection of, and of the people of, the Commonwealth and the several States and Territories from any of the following:

(i)espionage;

(ii)sabotage;

(iii)politically motivated violence;

(iv)promotion of communal violence;

(v)attacks on Australia’s defence system;

(vi)acts of foreign interference;

whether directed from, or committed within, Australia or not; or

(b)the protection of Australia’s territorial and border integrity from serious threats.

Part 3 · Expanding the disqualifying matters for appointment as a prescribed authority

Australian Security Intelligence Organisation Act 1979 #

4 At the end of subsection 34AD(2)

Add:

; or (h) a member of the Defence Force; or

(i)an APS employee; or

(j)an Agency Head (within the meaning of the Public Service Act 1999); or

(k)a member of the Parliament of the Commonwealth or a State or the Legislative Assembly of a Territory; or

(l)a person employed under the Members of Parliament (Staff) Act 1984; or

(m)a Parliamentary Service employee (within the meaning of the Parliamentary Service Act 1999); or

(n)the Director of Public Prosecutions or a person performing a similar function appointed under a law of a State or Territory; or

(o)the Solicitor-General of the Commonwealth or of a State or Territory; or

(p)an examiner (within the meaning of the Australian Crime Commission Act 2002).

Part 4 · Termination of appointment of prescribed authorities

Australian Security Intelligence Organisation Act 1979 #

5 Subsection 34AD(9)

Repeal the subsection, substitute:

Termination of appointment

(9)The Attorney-General may terminate the appointment of a prescribed authority:

(a)for misbehaviour; or

(b)if the prescribed authority is unable to perform the duties of a prescribed authority because of physical or mental incapacity.

(9A)The Attorney-General must terminate the appointment of a prescribed authority:

(a)if the prescribed authority becomes bankrupt; or

(b)if the prescribed authority engages in paid or unpaid work, or has an interest, pecuniary or otherwise, that, in the Attorney-General’s opinion, conflicts or could conflict with the proper performance of the prescribed authority’s duties; or

(c)if the prescribed authority has ceased to be eligible for appointment under subsection (1); or

(d)if the prescribed authority fails, without reasonable excuse, to comply with subsection (6), (7) or (8).

Part 5 · Providing reports to the Attorney-General

Australian Security Intelligence Organisation Act 1979 #

6 After paragraph 34HA(1)(a)

Insert:

(aa)details of any action taken in relation to the warrant that:

(i)did not comply with guidelines given by the Minister under section 8A; or

(ii)contravened a written statement of procedures in force under section 34AF; or

(iii)contravened the warrant; or

(iv)contravened a condition or restriction in the warrant; or

(v)contravened a direction given by a prescribed authority in connection with the warrant; and

Part 6 · Prescribed authority for post-charge questioning etc.

Australian Security Intelligence Organisation Act 1979 #

7 Paragraph 34BD(1)(b)

Omit “subsection (2)”, substitute “subsections (2) and (3A)”.

8 After subsection 34BD(3)

Insert:

Additional requirements for post-charge questioning etc.

(3A)For the purposes of paragraph (1)(b), if:

(a)the warrant is a post-charge questioning warrant; or

(b)the subject of the warrant has been charged with a related offence and that charge is still to be resolved; or

(c)such a charge is imminent;

the warrant authorises the Organisation to question the subject only before a prescribed authority to whom paragraph 34AD(1)(a) applies.

9 Subsection 34BE(4)

Omit “A questioning warrant”, substitute “Subject to subsection (4A), a questioning warrant”.

10 After subsection 34BE(4)

Insert:

(4A)For the purposes of subsection (4), if:

(a)the warrant is a post-charge questioning warrant; or

(b)the subject of the warrant has been charged with a related offence and that charge is still to be resolved; or

(c)such a charge is imminent;

the warrant requests the subject to produce the record or thing, or class of record or thing, only before a prescribed authority to whom paragraph 34AD(1)(a) applies.

11 Paragraph 34DE(1)(e)

Omit “the prescribed authority”, substitute “a prescribed authority”.

Schedule 2 · Application and transitional provisions

1 Adult questioning matters

The amendments made by Part 2 of Schedule 1 apply in relation to a questioning warrant that is issued on or after the commencement of this item.

2 Appointment of prescribed authorities

The amendments made by Parts 3 and 4 of Schedule 1 apply in relation to an appointment of a prescribed authority that is made on or after the commencement of this item.

3 Providing reports to the Attorney-General

The amendments made by Part 5 of Schedule 1 apply in relation to a questioning warrant that is issued on or after the commencement of this item.

4 Prescribed authority for post-charge questioning etc.

The amendments made by Part 6 of Schedule 1 apply in relation to a questioning warrant that is issued on or after the commencement of this item.

[Minister’s second reading speech made in—

House of Representatives on 23 July 2025

Senate on 3 March 2026]

(33/25)

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.