Have you heard about the ASIO Bill that’s about to be passed in Parliament?

Turning Point Australia is calling on every Senator to vote NO on the ASIO Amendment Bill No. 2 – and to allow the sunset clause to expire so these extraordinary powers come to an end.

The Australian Government is trying to pass laws that would give ASIO the power to drag any Australian citizen into a secret interrogation – permanently, and with almost no legal protection.

Not a suspect. Not someone charged with a crime. Us. You. Anyone.

You could be forced into a room and made to answer questions for up to 40 hours. You may not have a lawyer present. If you do have one, that lawyer is not permitted to properly advise you. You cannot refuse to answer – that is a criminal offence. You cannot tell anyone it happened – that is also a criminal offence. No judge approves the warrant. A politician does.

And if these Bills pass, there is no end date. These powers do not expire. They do not get reviewed. They become a permanent feature of Australian law.

This is not a conspiracy theory. This is not speculation. These Bills have already passed the House of Representatives. They are heading to the Senate now.

This is happening. And most Australians have no idea.

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How Did We Get Here?

These powers were first introduced in 2003 by the Howard Government, in the aftermath of the September 11 attacks in the United States.

At the time, they were described as a “measure of last resort” – to be used “rarely and only in extreme circumstances.”

Because the powers were so extraordinary and so controversial, Parliament demanded a safety mechanism: a sunset clause. This meant the powers would automatically expire after a fixed period, forcing Parliament to actively review and justify them before they could continue.

The original expiry date was 2006.

Since then, the sunset clause has been extended five times – in 2006, 2010, 2014, 2018, and 2021.

Every time, Parliament was asked: are these powers still necessary? Are they still proportionate? Are they being used appropriately?

Now, instead of answering those questions again, the Government wants to remove the expiry date entirely and make these powers permanent.

The 2003 legislation was debated for fifteen months before passing. These Bills passed the House of Representatives in two days.

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What Do the Bills Actually Do?

There are two Bills currently before Parliament.

Bill No. 1 – Short-Term Extension

This Bill amends section 34JF of the Australian Security Intelligence Organisation Act 1979 (ASIO Act) to extend the existing compulsory questioning powers by 18 months, until 7 March 2027, while the larger reforms are debated. Both Labor and the Coalition support this.

Legislative reference: ASIO Amendment Bill (No. 1) 2025, Schedule 1, Item 1 – amending s.34JF of the ASIO Act 1979

Bill No. 2 – The Permanent Expansion

This is the Bill that matters. It does the following:

• Repeals s.34JF entirely, removing the sunset clause and making the compulsory questioning framework permanent with no automatic expiry or review
• Expands the scope of adult questioning warrants under s.34BA, adding sabotage, promotion of communal violence, attacks on Australia’s defence system, and serious threats to territorial and border integrity
• Amends the eligibility requirements for “prescribed authorities” – the persons who supervise questioning – excluding politicians, public servants, Defence Force members, and prosecutors
• Introduces new requirements for post-charge questioning, requiring oversight by a retired judge
• Adds new reporting obligations under s.34HA, requiring ASIO to report conduct breaches to the Attorney-General

Legislative reference: ASIO Amendment Bill (No. 2) 2025; Australian Security Intelligence Organisation Act 1979 (Cth), Part III, Division 3

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TPAUS Key Concerns

These Bills strip Australians of fundamental legal rights. Below is what the law actually says – and what it means for you.

Labor Then vs Labor Now

In 2003, when the Howard Government first introduced these powers, Labor was loudly opposed.

Then-MP Anthony Albanese rose in Parliament and quoted Hermann Goering – Adolf Hitler’s Reich Marshall – warning of what unchecked state power looks like. Albanese told Parliament:

“Its provisions potentially allow for the mistreatment of ethnic minorities, the suppression of dissent and the detaining and investigation of wholly innocent Australians.”

That was Anthony Albanese in 2003. The same Anthony Albanese who is now Prime Minister – and whose Government introduced both of these Bills, pushed them through the House of Representatives in just two days, and is now seeking to make those same powers permanent and broader than ever before.

He did not oppose. He did not abstain. He introduced the legislation.

Labor spent 15 months fighting these powers in 2003. In 2025, they gave them two days – and expanded them.

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Who Supports This – and Who Does Not

In Support:

• Labor Government – introduced both Bills and is driving their passage through Parliament
• The Coalition – supports both Bills, including the permanent expansion
  
  

Opposed or Raising Serious Concerns:

• The Greens – opposed to Bill No. 2, calling for independent review before any permanent expansion. Senator David Shoebridge described the Bills as “a chilling example of how far to the right Labor has shifted… both major parties are in lockstep and ready to wave through laws that seek to make these coercive powers permanent.”
• Australian Human Rights Commission – called for the powers to be allowed to expire entirely in 2025, arguing they are incompatible with fundamental rights
• Law Council of Australia – stated in its PJCIS submission: “Given the inconsistency of public statements about the utility of the questioning warrant powers, especially as they apply to minors, the Law Council cannot support these powers being rolled over in perpetuity.”
  
  

The two major parties are fully aligned on this. The voices of concern come from outside that consensus – and they are being ignored.

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