Senator GREIG (2:50 PM) —My question is to Senator Chris Ellison, the Minister representing the Attorney-General. The minister would be aware that this time last year the government was arguing for the urgent and important passage of the new ASIO legislation—arguing that a new detention and questioning regime would provide a vital and urgent tool to protect the community. With these claims of urgency in mind, can the minister inform the Senate as to how many times the detention and questioning powers have been used by ASIO since their introduction in July this year? When was the first occasion on which they were used? Can the minister confirm the report in the Weekend Australian on 8 November this year that ASIO first used its questioning powers in the week immediately prior to that date?

Senator ELLISON (Minister for Justice and Customs) —I am aware of the report that Senator Greig has mentioned. The government has now implemented the necessary measures to enable ASIO to seek warrants for a range of activities in accordance with new powers under the amended ASIO Act and relevant regulations. The Attorney-General has authorised the use by ASIO of some of those powers in specific operations. Others, however, including the ability to seek warrants to question or detain individuals, have not been used to date. I can assure the Senate that authorities such as ASIO investigate all activities relevant to security but, consistent with the practice of successive governments, neither the Attorney nor I propose to comment on the detail of those investigations.

Senator GREIG —I ask a supplementary question, Mr President. I note, Minister, that the Director-General of ASIO is required to include in the annual reporting the number of warrants issued and the number of hours that people were detained, so it is a matter for public record ultimately. Given that the Attorney-General has recently announced that ASIO has identified a number of significant practical limitations associated with its questioning and detention powers, can the minister inform the Senate exactly how many occasions ASIO has been hindered by these limitations when it has sought to exercise its powers? In particular, have these limitations prevented ASIO from questioning an individual for whom it had sought a warrant or have they hindered the questioning of any particular individual?

Senator ELLISON (Minister for Justice and Customs) —The Attorney-General has articulated very well the reasons for amendments to ASIO legislation provisions which relate to interpreters and provisions which prevent the flight of a person who is a suspect or the subject of questioning. There are a number of areas that the Attorney has identified. We do not propose to discuss in detail where we see that there is a particular weakness which could then be exploited by those people who do not have Australia's interests at heart. As Senator Greig would know, we do have legislation on this matter which is due to be debated this week, and the government has made very clear the reason for the amendments. I do not propose to go into any detail which would flag to anyone who is adverse to this country's interests what weaknesses there may be. Of course, during the course of the legislative process there will be debate on the need for those amendments and we will address that at that time—but certainly I will not go into details which could well signal to people where they could take advantage of weaknesses. (Time expired)