The Australian Security Intelligence Organization (ASIO) was established on 16 March 1949, in pursuance of a directive given by Prime Minister Chifley (CP 268) to the first Director-General, Justice G S Reed. On 3 March 1949 the Prime Minister had told the House of Representatives that Mr Justice Reed of the Supreme Court of South Australia had been appointed to take charge of the security service. Whilst he was not prepared to divulge details of the staff arrangements and activities of the security service to be dealt with by Mr Justice Reed, the Prime Minister did tell the House that the Chief Justice of South Australia had agreed to make Mr Justice Reed's services available for twelve months. (Hansard, 3 March 1949, pp954-955) One week later the Prime Minister gave more details on the matter, stating that Mr Justice Reed would take up duty within six or seven days and that the service he would head would come under the administrative control of the Attorney-General's Department.(Hansard, 10 March 1949, p1258) In his directive of 16 March 1949, the Prime Minister stated that the new organization was part of the Commonwealth's defence forces and unless specifically directed, had no concern with the enforcement of civilian law. It was to defend the Commonwealth from external and internal dangers ensuing from espionage and sabotage, and from those actions of persons or organizations (whether directed from within or without Australia) which were judged to be subversive to the security of the Commonwealth. ASIO was to be headed by a Director-General responsible to the Attorney-General, but with access to the Prime Minister. On 13 April 1954 Prime Minister Menzies (CP 54) announced the discovery of a Russian espionage organization in Australia and following this, on 30 April 1954, announced the composition of a Royal Commission to inquire into Soviet espionage in Australia.(Hansard, 13 April 1954, pp325-326) Up to 1956 ASIO's legal basis had rested on the directive of 1949 which had established it on a purely executive basis and not a statutory basis. In presenting the Australian Security Intelligence Organization Bill to Parliament on 24 October 1956 Prime Minister Menzies declared that 'the attacks made on our own security service in the course of the Royal Commission on Espionage (CA 1882) have convinced the Government that it is necessary for the protection, and therefore also for the efficiency of the security service to take a similar step in Australia [as in USA] and to give the service statutory authority and protection.' (Hansard, 1956, 22nd Parliament, 1st Session, 2nd period, pp1745-1746) The Bill passed through all stages of the Parliament and received the Royal Assent on 18 November 1956, becoming effective on 13 December 1956. The Australian Security Intelligence Organization Act 1956 established the organization as a statutory authority with the following role: (a) to obtain, correlate and evaluate intelligence relevant to security and, at the discretion of the Director-General to communicate any such intelligence to such persons and in such manner as the Director-General considers to be in the interest of security; (b) to advise Ministers, where the Director-General is satisfied that it is necessary or desirable to do so, in respect of matters relevant to security, in so far as those matters relate to Departments of State administered by them or the authorities of the Commonwealth established by or under Acts administered by them; and (c) to co-operate with such Departments of State and authorities of the Commonwealth and, in as far as is practicable, with such Departments and authorities of the States and of other countries as are capable of assisting the organization in the performance of its functions. On 21 August 1974 a Royal Commission on Intelligence and Security (CA 1907) was established to inquire into ASIO's operations, activities and its relationship with the Government and other intelligence organizations. Justice R M Hope was appointed as the sole Commissioner. In the Administrative Arrangements Order of 26 September 1975 (Commonwealth Gazette No. S192, 29 September 1975) control of ASIO passed from the Attorney-General's Department (CA 5) to the Department of the Prime Minister and Cabinet (CA 1401). On 8 October 1975 a new Australian Security Intelligence Organization Bill was presented to Parliament by Prime Minister Whitlam (CP 99). (Hansard, 8 October 1975, p1843) Following the general election of 13 December 1975 and the return of the Liberal/Country Party Coalition to Government, the Administrative Arrangements Order of 22 December 1975 (Commonwealth Gazette No. S262, 22 December 1975) transferred control of ASIO back to the Attorney-General's Department. The Australian Security Intelligence Organization Bill which had been presented to Parliament in October 1975 finally received assent on 4 March 1976. A feature of the Australian Security Intelligence Organization Act 1976 was that it ensured that the appointment of a judge as Director-General of Security did not affect his tenure of office as a judge, or the salary, allowances and other rights and privileges that he had by virtue of his judicial office. Following the completion of the Royal Commission on Intelligence and Security (the Hope Royal Commission) (CA 1907) on 21 April 1977 and the tabling on 5 May 1977 of an abridgement of the findings andrecommendations (entitled "The Third Report"), Prime Minister Fraser (CP 51) announced the appointment of a Ministerial Committee, supported by a committee of Permanent Heads, to plan a better system for co-ordinating the intelligence and security services. At the same time he also announced the decision to establish the Office of National Assessments (CA 2567). On 25 October 1977 Prime Minister Fraser made a statement to the House of Representatives on the findings and recommendations of the Eight Reports of the Royal Commission on Intelligence and Security. He outlined in broad terms the Government's decision to implement legislative reforms affecting the intelligence and security agencies as recommended by Mr Justice Hope. (Hansard, 25 October 1977, pp2333-2340) A new Australian Security Intelligence Organization Bill was introduced in the Senate on 8 March 1979 (Hansard, 8 March 1979, p646) as a response to reforms recommended by the Royal Commission on Intelligence and Security. This led to the repeal of the Australian Security Intelligence Organization Acts of 1956 and 1976 by the Australian Security Intelligence Organization Act 1979 which received Royal Assent on 25 October 1979. One of the principal outcomes of this Act was the establishment of the Security Appeals Tribunal (CA 3587) on 1 June 1980. Its role was to review adverse or qualified security assessments and any supporting information provided by ASIO relating to such assessments. According to Section 17 of the Act the functions of ASIO were: (a) to obtain, correlate and evaluate intelligence relevant to security; (b) for purposes relevant to security and not otherwise, to communicate any such intelligence to such persons, and in such manner, as are appropriate to those purposes; and (c) to advise Ministers and authorities of the Commonwealth in respect of matters relating to security, in so far as those matters are relevant to their functions and responsibilities. The Act further stated that:'It is not the function of the Organization to carry out or enforce measures for security within an authority of the Commonwealth.' (Australian Security Intelligence Organization Act 1979, No. 13 of 1979) Intelligence and security services became the subject of scrutiny and debate in 1983 with the Combe-Ivanov Affair. This was at a time when the newly elected Labor administration had already scheduled a review of Australia's security and intelligence agencies. On 17 May 1983 the Royal Commission on Australian Security and Intelligence Agencies (RCASIA) or the second Hope Royal Commission began its inquiries into the activities of ASIO. The Royal Commission reported to Parliament on 21 December 1984 with some 90 recommendations involving ASIO. Some 24 of the recommendations were considered in the context of legislative changes approved by Government after extensive consultation among concerned Departments and agencies, including ASIO. The ensuing legislative package, introduced into Parliament on 22 May 1986, included the Australian Security Intelligence Organization Amendment Bill, the Intelligence and Security (Consequential Amendments) Bill and the Inspector-General of Intelligence and Security Bill. These Bills incorporated major changes relating to ASIO's functions and matters of legality, propriety and accountability, including: (a) changes to the definition of 'security'; (b) provision for the collection of foreign intelligence in Australia; (c) provision for the Minister to issue written guidelines to the Director-General on the performance of the Organization's functions; (d) the establishment of a Parliamentary Joint Committee; and (e) the creation of an Inspector-General of Intelligence and Security. ASIO and concerned Departments also acted upon a number of other Royal Commission recommendations requiring implementation by administrative action. These included new terms and conditions of service, and changes to ASIO's management structure and practices. On 1 February 1987 a legislative package, which took into account the 24 recommendations, was proclaimed. It comprised the Australian Security Intelligence Organization Amendment Act 1986 (No. 122 of 1986), the Inspector-General of Intelligence and Security Act 1986 (No. 101 of 1986) and the Intelligence and Security (Consequential Amendments) Act 1986 (No.102 of 1986). Some features of these Acts were: . Section 17A of the Australian Security IntelligenceOrganization Amendment Act 1986 stated that 'the exercise oflawful advocacy, protest or dissent shall not by itself beregarded as prejudicial to security.' . The Inspector-General of Intelligence and Security Act 1986 provided for an Inspector-General to be appointed to assist Ministers in the oversight and review of certain aspects of the Australian intelligence and security agencies, including ASIO. Under the new legislation ASIO was required: (a) to obtain, correlate and evaluate intelligence relevant to security; (b) for purposes relevant to security and not otherwise, to communicate any such intelligence to such persons, and in such manner, as are appropriate to those purposes; (c) to advise Ministers and authorities of the Commonwealth in respect of matters relating to security, and in so far as those matters are relevant to their functions and responsibilities; (d) to advise Ministers, authorities of the Commonwealth and such other persons as the Minister, by notice in writing given to the Director-General, determines, on matters relating to protective security; and (e) to obtain within Australia foreign intelligence pursuant to section 27A of this Act or section 11A of the Telecommunications (Interception) Act 1979, and to communicate any such intelligence in accordance with this Act or the Telecommunications (Interception) Act 1979. The legislation contained provisions to strengthen ministerial control by making it clear, subject to appropriate safeguards, that the Director-General was subject to the directions of the Minister. It also authorised the Minister to issue written guidelines on the performance by ASIO of its functions or the exercise of its powers. ASIO now had the additional two statutory functions of advising Ministers, Commonwealth authorities and others on protective security matters, and collecting foreign intelligence within Australia. Although ASIO had given protective security advice at Government direction for some years, this role had not been reflected in legislation. The collection of foreign intelligence (intelligence relating to the capabilities, intentions or activities of foreign powers) was to be conducted under the Attorney-General's warrant, which was not to be sought for the purpose of obtaining information on an Australian citizen or permanent resident. During the latter half of 1986 substantial administrative effort was devoted to relocating ASIO's headquarters from Melbourne to Canberra. All ASIO's central functions and most of its records were relocated by 2 December 1986, when the Central Office formally began operating in Canberra. Over the years the functions of ASIO have evolved and been refined and redefined through succeeding legislation. As a result of the Australian Security Intelligence Organization Amendment Act 1986 ASIO was required to present an Annual Report to Parliament and in the 1987-88 report these functions were summarised as being to: . obtain, correlate and evaluate intelligence relevant to security; . communicate security intelligence as appropriate; . advise Ministers and Commonwealth authorities on matters relating to security; . advise Ministers and Commonwealth authorities and some others on protective security; and . obtain within Australia foreign intelligence using special powers granted to it under warrant, and communicate the intelligence as appropriate. The Report also stated that whilst the Director-General holds a statutory office, ASIO was not a statutory authority and could not function independently of the executive government. ASIO has no executive powers and is not empowered to enforce measures for security. Its activities must not limit the rights of any person to engage in lawful advocacy, protest or dissent, the exercise of which is not, in itself, to be regarded as prejudicial to security. The period 1989-1990 saw some momentous changes in the world's political structures and balances. One of the results of this for ASIO has been a reduction in its share of the Federal budget. The 1992 Federal budget indicated reduced ASIO funding and staff numbers. Directors-General of ASIO since its inception on 16 March 1949 have been: 1949 - 1950 : Mr Justice G S Reed1950 - 1969 : Brigadier Sir Charles Spry1970 - 1975 : Mr P Barbour1976 - 1981 : Mr Justice A E Woodward1981 - 1985 : Mr T H Barnett1985 - 1988 : Mr A K Wrigley1988 - 1992 : Mr J M Moten1992 - : Mr D M Sadleir CHANGE OF NAME
On 10 December 1999 the Australian Security Intelligence Organisation Legislation Amendment Act 1999 (No 191 of 1999) came into force. This Act changed the spelling of "Organization" to "Organisation".
Sources 1. Australian Security Intelligence Organization Act 1956, No. 113 of 19562. Australian Security Intelligence Organization Act 1976, No. 2 of 1976 3. Australian Security Intelligence Organization Act 1979, No. 113 of 19794. Australian Security Intelligence Organization Amendment Act 1986, No. 122 of 19865. Inspector-General of Intelligence and Security Act 1986, No. 101 of 19866. Intelligence and Security (Consequential Amendments) Act 1986, No. 102 of 19867. ASIO Reports to Parliament 1985-86 1986-87 1987-88 1989-90 1990-918. Various reports from Hansard dating back to 1949
9. Australian Security Intelligence Organisation Legislation Amendment Act 1999, No 191 of 1999 Historical agency address
1949 - 1986: Melbourne 1986 - : CanberraLegislation administered
Australian Security Intelligence Organization Act 1956Australian Security Intelligence Organization Act 1976Australian Security Intelligence Organization Act 1979Australian Security Intelligence Organization Amendment Act 1986Australian Security Intelligence Organization Amendment Act 1988Telecommunications (Interception) Act 1979