Spies using weapons overseas to be given greater legal protection

The Coalition will try to change the law to give stronger legal cover to Australian spies using weapons overseas.

Foreign Minister Marise Payne. Picture: AP

The Coalition will try to change the law to give stronger legal cover to Australian spies using weapons overseas in order not to jeopardise a major espionage ­operation.

In a statement, Foreign Minister Marise Payne said the government was expected to introduce laws today to amend the Intelligence Services Act.

Currently ASIS officers can use weapons to protect themselves, staff members or agents co-operating with the Australian overseas spying agency.

The changes will allow agents to use weapons to protect specific individuals, such as hostages. But the agency must get approval from the minister to do this.

The changes would also allow the use of “reasonable force” by Australian agents.

“The changes will mean officers are able to protect a broader range of people and use reasonable force if someone poses a risk to an operation,” Senator Payne said. “Our ASIS officers often work in dangerous locations, including under warlike conditions, to protect Australia and our interests.”

The regulations would allow use of force where there was a “significant risk to the safety of a person” or a “significant risk to the operational security of ASIS”.

The changes are intended to approve low level physical force up to but not exceeding “actual bodily harm” — such as cuts, bruising, concussion and sprains — and agents are not allowed to engage in torture, degrading treatment, sexual assault, or unlawful killings.

Lethal force can already be used by agents in self-defence as a last resort to protect an officer from serious harm or death.

The Australian understands the Inspector-General of Intelligence and Security, Margaret Stone, has been consulted about the bill and will need to be provided with copies of the ministerial approvals where force or weapons are used.

Ms Stone, in an annual report this year, said there had been three minor weapons-related ­issues in regards to ASIS in 2017-18 which were mostly to do with paperwork issues.

Another issue had been to do with an accidental discharge of a weapon by an ASIS officer during an approved training session, but it did not result in any injuries.