Senator COONEY —Mr Richardson, since you are here, you could save me some research. The Scrutiny of Bills Committee, not this committee, is looking at the issue of search and entry - although I think it should be `entry and search' in a logical sequence. Does ASIO do any more than gather information? Does it enter and search?

Mr Richardson —We have special powers under the ASIO Act, and one of the special powers we have is search and enter.

Senator COONEY —Does ASIO itself control the issue of permission to enter and search?

Mr Richardson —No. We can only exercise our search and enter powers under the act through a warrant, the request for which must be personally signed by me. It must also be certified by the Attorney-General's Department that it is consistent with legal requirements, and it is personally approved by the Attorney-General.

Senator COONEY —Are you content with that process?

Mr Richardson —Yes. I think the process is a thorough one, and there is also a pretty tight accountability framework around it whereby the Inspector General of Intelligence and Security inspects our warrant process at any time of his own choosing.

Senator COONEY —You have got no powers of arrest?

Mr Richardson —No.

Senator COONEY —And no powers of questioning?

Mr Richardson —We can question people in the normal process of investigations we might be involved in.

Senator COONEY —Can you compel an answer?

Mr Richardson —No, we cannot, and we certainly do not have the powers of arrest.

Senator COONEY —So search and entry powers are the only powers that go under that broad category of investigative powers?

Mr Richardson —Under the ASIO Act, the special powers involve listening devices, telecommunications interception, search and enter, remote accessing of data in computers and tracking devices.

Senator COONEY —So all intelligence gathering powers, rather than arrest powers, detaining powers and questioning people in that context of arrest and detention?

Mr Richardson —That is right.

Senator COONEY —What about telephone tapping? Do you need permission for that?

Mr Richardson —Yes, in respect of each of those special powers I mentioned, there is quite a detailed approval process for it and there is also a tight accountability arrangement wrapped around it.

Senator COONEY —Thank you.

CHAIR —Thank you, Senator Cooney. Given the brevity of that period, Mr Richardson, thank you very much for your time and your patience in waiting for that period of questioning.

Minister, I am not sure if you wish to leave immediately. What I would like to do to facilitate a problem Senator Harradine has is allow for five minutes of questioning in the Attorney-General's Department area specifically in relation to the native title division of the department. Mr Cornall is aware of this. Minister, if you need to go, then by all means go.

Senator Vanstone —If Senator Harradine would not mind, I will excuse myself.

Senator HARRADINE —That is fine, Minister.

CHAIR —We will reconvene with you, Minister, at approximately 7.15 p.m.

[6.00 p.m.]