ASIS (Australian Secret Intelligence Service)

History

ASIS was established in 1952 within the defence portfolio as a service collecting foreign intelligence, mainly in the Asia-Pacific region; in 1954 it came under the oversight of the minister whose office corresponds to today's Minister for Foreign Affairs. Its existence was kept secret for more than 20 years; it was first mentioned in Parliament in 1975.¹

According to the 2011 government review, ASIS was created by executive decision on 13 May 1952, and on 25 October 1977 Prime Minister Malcolm Fraser announced its existence and functions, as recommended by the first Hope Royal Commission. Until 2001 it operated under a government directive.²

In 1995 a commission of inquiry recommended a statutory framework for ASIS; the 2001 Act set out its functions and limits publicly for the first time. In 2017 an independent review of the intelligence community was carried out by Michael L’Estrange and Stephen Merchant.¹

Functions and limits in the Act

ASIS obtains and communicates intelligence about people and organisations outside Australia, supports the armed forces in operations, conducts counterintelligence and cooperates with foreign services; other activities require a written direction from the Minister, which is reported to the parliamentary committee (s. 6(1)). According to ASIS, its core role is obtaining secret intelligence from human sources abroad (HUMINT).^1,3

ASIS staff and agents may not plan or undertake paramilitary activities, violence against the person or the use of weapons, with narrow exceptions set out in the schedules (s. 6(4)–(5A)). The agencies may act only in the interests of national security, foreign relations or national economic well-being, and do not carry out police functions (s. 11). The Minister issues public rules to protect the privacy of Australians (s. 15).³

Oversight

The Minister oversees ASIS through the approvals and authorisations the Act requires before certain activities. The parliamentary committee (PJCIS) reviews administration and expenditure, but not particular operations, sources or methods (see ASIO).^2,3