The Howard government was told legislation to make the Australian Secret Intelligence Service a statutory agency needed to assure the public the agency was accountable and had strict oversight.

The Howard government was told its international spies needed to be seen to be accountable. Credit:Frank Maiorana

While the intelligence agency existed for decades before it was made a statutory agency, its legal basis from its inception in May 1952 was a directive issued by the appropriate minister and endorsed by cabinet.

The legislation recommended wouldn't change the functions of the agency, but would provide for its continuation, ministerial control, the protection of ASIS sources and methods and include oversight of its expenditure by a parliamentary oversight committee.

The 1990s was a tumultuous period for ASIS, when in a 1994 Four Corners program it was alleged the agency held files on Australians, which was refuted in a later royal commission. There were also allegations that ASIS officers were mistreated and acting without accountability.