ASIO (Australian Security Intelligence Organisation)

Origins

According to the National Archives of Australia, ASIO was established on 16 March 1949. A 2011 government review states that it was created by a directive from the Prime Minister to the first Director-General, Justice G. S. Reed, and that an Act of 1956 gave it a statutory basis.^1,2

The Petrov affair

On 3 April 1954 the Soviet diplomat Vladimir Petrov defected in Australia; his wife Evdokia joined him on 20 April, after police freed her from Soviet couriers at Darwin airport. On 13 April Prime Minister Menzies set up the Royal Commission on Espionage.³

The commission sat for 126 days and heard 119 witnesses. In its final report (22 August 1955) it found the Petrovs' documents to be genuine and the Soviet embassy in Canberra to have been used for espionage since 1943; it recommended no prosecutions.³

The 1979 Act

The Act defines “security” as the protection of the Commonwealth, the States and the Territories from espionage, sabotage, politically motivated violence, promotion of communal violence, attacks on Australia's defence system and acts of foreign interference, as well as the protection of Australia's territorial and border integrity (s. 4). ASIO is controlled by the Director-General, who is subject to the directions of the Minister; the Minister, however, cannot override the Organisation's opinion on the nature of the advice it should give (s. 8).⁴

Its functions include obtaining, correlating and evaluating intelligence relevant to security, security assessments and vetting, protective security advice, and obtaining foreign intelligence within Australia (s. 17). The Act does not limit the right to engage in lawful advocacy, protest or dissent (s. 17A). Search warrants are issued by the Attorney-General at the request of the Director-General, usually for no more than 90 days (s. 25).⁴

Parliamentary oversight

The Parliamentary Joint Committee on Intelligence and Security (13 members from both houses, with a government majority) reviews the administration and expenditure of, among others, ASIO and ASIS, but may not review intelligence priorities, sources, methods or particular operations; it may ask the Inspector-General of Intelligence and Security to examine the legality of activities (ss. 28–29 of the Intelligence Services Act 2001).⁵