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Dominic Giannini

New laws make it easier for spy agency to share intel

ASIO will be able to share information on security threats without the attorney-general's approval. (Dan Peled/AAP PHOTOS)

New laws making it easier for Australia's spy agency to share foreign intelligence information have passed parliament.

The Australian Security Intelligence Organisation will be able to communicate national security information about threats to Australia without needing the sign-off of the attorney-general. 

The bill's explanatory memorandum says the new laws do not expand the organisation's power with regard to what can be intercepted but rather clarify and strengthen the ability to communicate information. 

The attorney-general can still impose conditions on how the information is shared or what it is used for.

Asked whether the bill being rushed through parliament in three days was to legalise actions ASIO was already undertaking, cabinet minister Murray Watt said the changes simply clarified the agency's powers.

He said he had no knowledge of ASIO illegally sharing information.

"This bill is about clarifying ASIO's powers, if you like, to put them beyond doubt," he told the Senate on Wednesday.

Senator Watt said ASIO remained subject to stringent legal, ministerial, parliamentary and independent oversight, including by the Inspector-General of Intelligence and Security.

Greens senator David Shoebridge said the legislation being rushed through this week meant it could not be properly scrutinised.

Senator Shoebridge said he had received an urgent briefing from the government about why the legislation was necessary but was still not convinced of the urgency.

"The rush to put this legislation through raises a very real question about what has been the practice inside ASIO up to this point," he said.

He said the changes would allow the attorney-general to agree to a wire-tapping warrant and not put any conditions on who the information could be shared with, essentially giving ASIO free rein.

"The only constraint is what ASIO wants to do with it," he said.

The bill passed parliament with the support of Labor and the coalition.

Opposition home affairs spokesman James Paterson said the urgency was warranted.

"The current threat environment does call for increased collaboration and engagement ... and the ability to use and disclose this information is critical to the ability of agencies to protect national security," he said.

The Greens opposed it after failing to amend the bill to restrict the circumstances in which information could be shared and to insert a three-month sunset clause so the legislation could be reviewed.

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