New law to give Australian intelligence officers more rights to use firearms
November 29, 2018 2 Comments
The Australian government has proposed a new law that would give intelligence officers broader powers to use firearms during undercover operations abroad. If it is approved by parliament, the new law would apply to the Australian Secret Intelligence Service (ASIS), a civilian intelligence agency that carries out covert and clandestine operations abroad. Modeled after Britain’s Secret Intelligence Service (MI6), ASIS was established in 1952, but its existence was not officially acknowledged by the Australian government until 25 years later, in 1977.
In 2004, ASIS was given legal permission for the first time to use firearms during undercover operations abroad. However, under current Australian law, this is allowed only as a last resort. ASIS personnel engaged in overseas operations are allowed to employ firearms in self-defense or to protect their agents —foreigners that have been recruited by ASIS to spy for Australia. However, the current government of Prime Minister Scott Morrison argues that ASIS personnel must be given broader powers to exercise “reasonable force” via the use of firearms during overseas operations. In a speech on Wednesday, Australia’s Minister for Foreign Affairs Marise Payne said that the overseas environment in which ASIS operates today is more complex than that of 2004, when the current laws of engagement were enacted. She added that nowadays ASIS personnel work in more hazardous locations, including warzones, and carry out “more dangerous missions in new places and circumstances”.
The government argues that the proposed changes will allow ASIS personnel to “protect a broader range of people and use reasonable force if someone poses a risk to an operation”. The new law will give ASIS officers permission to open fire against adversaries in order to protect parties other than themselves —such as hostages— or to avoid getting captured. This, says the government, will allow them to efficiently “protect Australia and its interests”. The last time that the Australian government flirted with the idea of giving ASIS broader powers to use firearms during undercover operations was in 2010. That year, the government of Prime Minister Kevin Rudd commissioned a multimillion dollar independent review of the Australian intelligence community’s mission and operations. The review proposed that ASIS personnel be allowed more powers to carry and handle weapons while engaging in “paramilitary activities” outside Australia. But the proposal was never enacted into law.
The latest proposal by the Morrison administration is scheduled to be discussed in the Australian Parliament today.
► Author: Joseph Fitsanakis | Date: 29 November 2018 | Permalink
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Australian ex-intelligence officer pleads guilty to disclosing spy operation
August 7, 2019 by Joseph Fitsanakis Leave a comment
According to Witness K., a group of ASIS officers disguised themselves as members of a renovation crew and planted several electronic surveillance devices in an East Timorese government complex. The inside information gathered from those devices allegedly allowed the Australian government to gain the upper hand in a series of complex negotiations that led to the 2004 Certain Maritime Arrangements in the Timor Sea (CMATS) treaty. The treaty awards Australia a share from profits from oil exploration in the Greater Sunrise oil and gas field, which is claimed by both Australia and East Timor. But in 2013, the East Timorese government took Australia to the Permanent Court of Arbitration in The Hague, claiming that the CMATS treaty should be scrapped. The East Timorese argued that during the sensitive negotiations that preceded the CMATS treaty, the Australian government was in possession of intelligence acquired through illegal bugging.
The claim of the East Timorese government was supported by Witness K., who argued that ASIS’ espionage operation was both “immoral and wrong” because it was designed to benefit the interests of large energy conglomerates and had nothing to do with Australian national security. It is worth noting that Witness K. said he decided to reveal the ASIS bugging operation in 2012, after he learned that Australia’s former Minister of Foreign Affairs, Alexander Downer, had been hired as an adviser to Woodside Petroleum, an energy company that was directly benefiting from the CMATS treaty.
However, as soon as the East Timorese told the Permanent Court of Arbitration that they would be questioning a witness from ASIS, officers from the Australian Security Intelligence Organisation (ASIO), the country’s domestic intelligence agency, raided the Canberra law offices of Bernard Collaery, East Timor’s lawyer in the case. The raiders took away documents that revealed the identity of Witness K., and then proceeded to detain him for questioning. They also confiscated his passport, which prevented him from traveling to the Netherlands to testify in the case. Read more of this post
Filed under Expert news and commentary on intelligence, espionage, spies and spying Tagged with ASIS, Australia, Bernard Collaery, Certain Maritime Arrangements in the Timor Sea treaty, East Timor, economic espionage, energy resources, News, Witness K.