Any changes to Signals Directorate’s role would be subject to ‘usual protections’

Peter Dutton has left open the option of expanding the Australian electronic spy agency’s powers, despite denials that any such proposal existed.

While rubbishing claims that the Australian Signals Directorate would be able to spy on Australians on home soil without warrants, the home affairs minister said there was a need to investigate domestic cyber-threats.

Dutton said there was a need to protect the banking system, electricity grid and elections from foreign interference.



Sign up to receive the top stories in Australia every day at noon

But he used the example of child exploitation to justify potentially expanding ASD’s powers domestically, with the agency now not allowed to spy on Australians at home. “If we had a capacity to disrupt that, to destroy those networks, of course we would,” he said.

“If we had the capacity to disrupt the livestreaming of children being sexually exploited, would we explore ways we could do that within the law? Of course we would. We would have a look at all of those options.”

Under the current separation of powers, the ASD is prohibited from producing intelligence on Australian citizens, a job that falls under the purview of Asio, as the domestic spying agency, and the Australian federal police.

Both agencies require warrants to access any information but can ask the ASD to provide technical assistance.

Dutton, who as head of the home affairs ministry has become one of the most powerful ministers in the Australian government, said any changes to ASD’s powers, would be accompanied by the usual legal safeguards.

“ASD does a lot of great work in terms of the disruption capacity that they have, a lot of capacity that they don’t talk about and they execute at a world-class standard and we recognise that, but as for some claim that there is going to be some spying taking place on Australian citizens, it is complete nonsense,” he said.

“If there was to be any look at ways in which we could try and address the cyber-threat more effectively, [they would be] accompanied by the usual protections, including warrant powers, either by the attorney general or the relevant justice, whatever the case may be.”

Labor warns against move to give Dutton new spying powers Read more

In response to a Daily Telegraph story on Sunday, which flagged the proposal, the departmental heads of ASD, home affairs and defence issued a joint statement hosing down the claims.

“We would never provide advice to government suggesting that ASD be allowed to have unchecked data collection on Australians – this can only ever occur within the law, and under very limited and controlled circumstances,” the statement said.

The foreign minister, Julie Bishop, also said on Sunday she was unaware the need to expand the ASD’s powers: “I don’t see any national security gap and I certainly believe that the current laws safeguard the privacy of Australians and keep Australians safe.”

Labor has warned against any expansion of ASD’s espionage role, which is part of a growing list of proposals the government has put forward to access data, including an attempt to force encryption services to include “backdoors” which it could access.