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Wednesday, 9 May 2012
Page: 3056

Australian Security Intelligence Organisation

(Question No. 1788)

Senator Rhiannon asked the Minister representing the Attorney-General , upon notice , on 28 March 2012 :

In regard to the detention and questioning powers of the Australian Security Intelligence Organisation (ASIO):

(1)   Have the detention powers of ASIO ever been used; if not, why not.

(2)   How many questioning warrants have been issued, including the date and details of each instance:

   (a)   between 1 January 2004 and 31 December 2005; and

   (b)   from 1 January 2006 to date.

(3)   How many questioning warrants have been issued in total.

(4)   Has there been a decrease in the annual number of questioning warrants issued since 2004; if so, why.

Senator Ludwig: The Attorney-General has provided the following answer to the honourable senator ' s question:

(1) ASIO has never used its detention powers. ASIO's use of such powers would be as a means of last resort.

(2) As identified in ASIO's unclassified reports to parliament, the following number of questioning warrants have been issued:

   (a) financial year 2003/04 - three warrants

   (b) financial year 2004/05 - eleven warrants

   (c) financial year 2005/06 - one warrant

   (d) financial year 2009/10 - one warrant.

Consistent with government practice, it is inappropriate to make public comment on the details of these warrants as they relate to operational matters.

(3) Sixteen ASIO questioning warrants have been issued.

(4) As can be seen from the response to question two, there has been a decrease in the use of questioning warrants by ASIO after financial year 2004/05. ASIO's use of specific special powers in operations is in response to specific information gathering requirements where other methodologies are insufficient.