ASIO’s special powers are actions that ASIO can employ in strictly limited circumstances. They allow us to do things that would otherwise be unlawful, but in certain circumstances, can prevent serious threats to the security of Australia and Australians. These powers are available to us, but they are not used lightly.
A number of checks and balances must be considered before employing special powers. Firstly, intelligence received and gathered by ASIO goes through assessment to determine its relevance to security as defined by the Australian Security Intelligence Organisation Act 1979 (the ASIO Act). If it is found to be relevant, ASIO can further investigate, subject to provisions in the ASIO Act and the Guidelines.
The Guidelines require ASIO to employ the principle of proportionality in our security intelligence investigations. That means we ensure our response matches the threat level. Wherever possible, ASIO uses the least intrusive methods available to collect security intelligence. However, sometimes the threat is great enough to justify more intrusive methods.
If required, ASIO will seek a warrant from the Attorney-General under legislation to use special powers. These include the intercept of telecommunications, use of listening and tracking devices, remote access of computers, enter and search of premises and examination of postal articles.
The security environment is complex, challenging and changing. ASIO must stay ahead of Australia’s adversaries to protect Australia and Australians from threats to their security. The use of special powers, and the accountability measures that come with them, mean we balance the rights of an individual and the public’s collective right to be secure.