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Licence to kill - shooting rules could soon be relaxed for Australian spies

marise payne

Officers from the Australian Secret Intelligence Service (ASIS) could soon be permitted to fire upon enemies who pose a risk to other people involved in overseas undercover operations.

Officers from the Australian Secret Intelligence Service (ASIS) could soon be permitted to fire upon enemies who pose a risk to other people involved in overseas undercover operations.

The government has moved to introduce new laws allowing ASIS staff to use "reasonable force" in overseas missions to protect parties such as hostages.

Under current laws, ASIS officers are only to use weapons for self protection or to protect fellow ASIS agents.

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Foreign Minister Marise Payne said the changes are necessary due to officers working "in dangerous locations, including under warlike conditions, to protect Australia and our interests."

"As the world becomes more complex, the overseas operating environment for ASIS also becomes more complex," Minister Payne said.

The Intelligence Services Act provisions have not been subject to significant changes since 2004, and Minister Payne said new circumstances have since arisen in the time passed.

Specifically, the Intelligence Services Amendment Bill 2018 will:

  • enable the minister to specify additional persons, such as a hostage, who may be protected by an ASIS staff member or agent; and
  • allow an ASIS staff member or agent performing specified activities outside Australia to be able to use reasonable force in the course of their duties.

Like the existing ability to use weapons for self-defence, the amendments will be an exception to the standing prohibitions against the use of violence or use of weapons by ASIS.

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