ASIS Changes to Help Campaign Against Terrorism

I will introduce to Parliament this week amendments to the Intelligence Services Act 2001 that will allow the Australian Secret Intelligence Service (ASIS) to undertake its functions more effectively and more safely.

In the ongoing campaign to defeat terrorism, and in other critical endeavours, intelligence is a vital weapon. ASIS plays a crucial role in gathering intelligence in what are sometimes dangerous circumstances.

These changes will improve the ability of ASIS to work with other agencies and, in certain circumstances overseas, will enable ASIS people to be protected, including through the use of weapons, and to use weapons for their own protection.

Since the Act came into force in 2001, terrorist attacks in the US on September 11 2001 and in Bali on October 12 last year, together with the threat of the proliferation of weapons of mass destruction, have increased the risk environment in which ASIS works. To operate effectively, it is necessary that ASIS's people can be protected.

The Act was drafted when it was not possible to foresee these fundamental changes in the global security environment. As a result, the current legislation does not allow ASIS to make adequate provision to defend its people.

The amendments will address this, both through the ability of other agencies to provide protection for ASIS's people and on rare occasions for ASIS's people to protect themselves. This could include provision of weapons for use overseas, solely for defensive purposes. These measures would be governed by a legislative oversight framework and appropriate guidelines.

To protect Australia from the international threat of terrorism and other trans-national crime, it is also imperative that ASIS be able to work closely and cooperatively with other agencies, both Australian and foreign.

Therefore the amendments will allow ASIS to work more closely with agencies that, in the legitimate conduct of their activities in areas relevant to ASIS's work, may in some cases be able to use force, including the use of weapons. However, this would not alter the prohibition on ASIS, in its own right, undertaking activities involving use of force. Any weapons given to ASIS's people, would be for defensive purposes only.

The core function of ASIS will remain foreign intelligence collection and ASIS will continue to conduct its activities in a non-violent way.

The broader accountability framework overarching all ASIS activity will remain in place. It includes not only my office, and the Parliamentary Joint Committee on ASIO, ASIS and DSD, but also the office of the Inspector General of Intelligence and Security, and the Australian National Audit Office.

These changes are important for the safety of ASIS's people and the effective functioning of the agency.

Media inquiries: Chris Kenny (Ministerial) +61 02 6277 7500