New powers for ASIO rushed through by major parties, angering crossbenchers

The Foreign Intelligence Legislation Amendment Bill passed the Senate on Thursday with the support of the Coalition and Labor, less than a week after it was sent to the Parliamentary Joint Committee on Intelligence and Security.

But crossbenchers in both the lower and upper houses have accused the major parties of ramming through the new powers without proper oversight.

The passage of the bill gave the Australia Security Intelligence Organisation the power to collect data on Australians onshore suspected of working in the interests of a foreign power.

ASIO could also now continue to monitor data and suspects even when it was unsure of their origins. Previously, it was required to cease monitoring until it could be certain the target was a foreigner.

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PJCIS chair James Paterson said ASIO had been avoiding collecting foreign data in some cases because it feared breaching the law. He argued intelligence powers were not equipped to respond to a morphing environment, in which online identities and the origin of messages could be easily hidden.

"Legislation like this ensures that our foreign intelligence collection capabilities are up to date, that they keep pace with modern technology, and that they are not unduly limited by technological change or legislative loopholes that are not functioning as intended," he said.

"It's really crucial, given the serious threat environment ... [and] the rapid change in that threat environment, that those powers be adequate and for their intended purpose."

The PJCIS, made up of Coalition and Labor senators, recommended the bill unanimously after a private hearing. The committee will review the new powers within five years.

The Attorney-General would be required to consult either the Defence Minister or Foreign Minister to ensure data collection was in the national interest. They would also need to notify and brief the PJCIS on any warrant issued.

Labor home affairs spokeswoman Kristina Keneally said the changes were "necessary, proportionate" and had appropriate oversight.

Senator Paterson conceded the committee preferred to consider legislation in public, but uncertainty over Covid in the medium-term and the sensitivity of the bill necessitated it be mulled in private.

But crossbenchers accused the major parties of failing to consult properly on the powers.

Greens senator Lidia Thorpe accused the major parties of "ramming through" the legislation without proper consultation, describing the PJCIS as a "closed shop" and a "fiefdom".

"This is absolutely disgusting and it's contempt for democracy," she said.

"Come back here once you've considered why you're here, once you've considered how bad this is to the Australian people for you all to lock out other senators [from] having a say and scrutinizing this bill."

Independent senator Rex Patrick said the speed of the bill's progression implied there was an operation underway which required expanded powers, but noted it was not the first item of business.

"The minister basically said it's not possible to identify why it's so urgent. ... [But] this really important national security bill was so important that it got put behind the electoral bills," he said.

The proposal passed the Lower House on Wednesday evening, but independent MP Helen Haines accused the government of violating conventions by leaving the crossbench in the dark until the vote.

"Members of the crossbench were not given any briefing on this bill. We did not get an explanatory memorandum," she said.

"I want to make it very clear that, as a member of this Parliament, I've had no opportunity to consider it at all."

The bill was the second related to intelligence powers passed this week, after the so-called Identify and Disrupt bill was rubber stamped. That created three warrants, allowing police to take over suspects' accounts and modify or delete their data.

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