ASIO protects Australia and Australians from threats to their security, but it is not a law enforcement agency and does not have the authority to arrest and prosecute people. While police enforce the law and investigate crimes, ASIO works to gather intelligence and investigate potential threats.
ASIO often gets compared to our overseas counterpart, the Federal Bureau of Investigation (FBI). While we have similar roles when it comes to security intelligence, the FBI’s remit includes law enforcement. These responsibilities in Australia fall within the remit of the Australian Federal Police (AFP).
As part of the National Intelligence Community (NIC), ASIO works cooperatively with other agencies, including law enforcement. Each organisation in the NIC has different roles and responsibilities that help protect Australia and Australians. Despite our differences, we often work together to combine our capabilities.
ASIO is one of the few agencies that both gather and assess intelligence. This allows us to determine if an individual or group represents a threat to security. We also provide advice to the Australian Government, government agencies, industry and academia about threats to security. All our work is done within the spirit and the letter of the law.
While it sounds like we have a wide remit, our specific role and responsibilities are mandated by the Australian Security Intelligence Organisation Act 1979 (ASIO Act).
The ASIO Act defines security for the purposes of ASIO’s work – and in doing so carefully limits the scope of ASIO’s activities. These are commonly referred to as the ‘heads of security’ and include the protection of Australia and its people from:
- Acts of foreign interference.
- Attacks on Australia’s defence system.
- Espionage.
- Politically motivated violence including terrorism.
- Promotion of communal violence.
- Sabotage.
- Serious threats to Australia’s border integrity.
You might look at that list and think, don’t actions associated with these heads of security constitute crimes? Yes, they do, however ASIO’s role is not to arrest and prosecute people. ASIO’s role is to collect intelligence on those who seek to threaten the security of Australia, and establish if there is a credible threat. When intelligence gathered reaches an appropriate threshold, we refer the matter to police for further investigation and potential prosecution.
The investigation that followed the 2002 Bali bombings demonstrates how we work with our partners. An ASIO-AFP joint task force was established and deployed to Bali after the bombings. ASIO was able to offer expertise and capabilities to support the AFP’s investigations and operations.
Find out more about our role.