During my session with ASIO, I asked why they did not intervene when terrorist flags were flown, which is an offence, at demonstrations. Mr. Burgess explained that he was actually pleased when such incidents like this occurred because it made it easier to identify persons of interest and monitor them more closely in the future.   He stated that it’s not ASIO’s role to enforce the law, as that responsibility falls to the Australian Federal Police (AFP).

He clarified that ASIO functions as a security service.   From a security perspective, Mr. Burgess noted that they would assess whether a visa applicant was a Hamas or Hezbollah sympathiser. He also confirmed that ASIO collaborates closely with the AFP and international partners.

Transcript

CHAIR: Senator Roberts, you have the last five minutes. We’re finishing on 10.30.

Senator ROBERTS: Thank you, Mr Burgess and others, for attending. At recent pro-Palestinian rallies in Australia, the Hamas and Hezbollah flags and symbols have been highly visible and displayed by participants. This is an offence. Why did ASIO not step in with the AFP and arrest the offenders?

Mr Burgess: Firstly, and again, ASIO is not a law enforcement agency. We don’t arrest anyone. What I can say on this matter is that, as the head of a security service, I welcome when individuals fly the flag, so to speak, and indicate that they’re someone we should have an interest in. If people are silly enough to do that—whether it’s unlawful or not is a matter for law enforcement—I personally welcome people declaring their hand, which allows ASIO to conduct lines of inquiry and investigation into those individuals should they be a threat to security.

Senator ROBERTS: Are you sending two messages there? One is to encourage people to fly their flags even though it’s illegal. Or are you encouraging people to do that and be identified?

Mr Burgess: No; I’m just making the comment that if people are silly enough to do that, then it actually is something that we can use as a point of interest. Of course, if people are actually flying symbols which are unlawful, then they’re breaking the law. But I’ll leave that to our Federal Police colleagues to talk about when they’re up at estimates.

Senator ROBERTS: I didn’t think you had the power to arrest people, but what are your responsibilities? What avenues do you have?

Mr Burgess: We’re a security service. We get to investigate threats to security, including politically motivated violence, promotion of criminal violence, sabotage, foreign interference, espionage and anything that jeopardises the integrity of Australia’s border or attacks Australia’s defence systems.

Senator ROBERTS: The flying of a flag would be seen as flagging someone of suspicion to you, but it’s up to the police to prosecute.

Mr Burgess: It’s an indicator that there may be a violent ideology behind that. It might just be the actions of a misdirected individual who doesn’t really know what they’re doing.

Senator ROBERTS: By the way, I’ve read your opening statement, and I won’t be asking questions about the Gaza visas. Is it true that many Palestinian and Lebanese visa applicants are sympathisers of Hamas and Hezbollah?

Mr Burgess: Let’s get into a conversation about what a sympathiser is. Are you asking whether there are people who actually support listed terrorist organisations?

Senator ROBERTS: Yes.

Mr Burgess: Yes. Are they all supporting listed terrorist organisations? No. The nature of that support is actually—when we get involved in a process of looking at someone, a visa holder, if it’s referred to us or intelligence indicates that we should look at someone, we’ll look at everything that’s before us and available to us through our international partnerships to make an assessment of whether someone in that case represents a direct or indirect threat to security.

Senator ROBERTS: You look at individuals.

Mr Burgess: We’ll look at individuals when they’re referred to us or intelligence indicates that we need to look at someone, and we’ll investigate them with rigour.

Senator ROBERTS: Is it true that many Palestinian and Lebanese visa applicants are sympathisers of Hamas and Hezbollah. I’m told you do the screening in terms of security.

Mr Burgess: We’re looking at security, yes. A very small number of them turn out to be an indirect or direct threat to security, based on our current work.

Senator ROBERTS: At mosques in Sydney and Melbourne, there have recently been speakers preaching hate and violence to their followers in relation to antisemitic themes. Why have ASIO and the AFP not intervened and arrested these pedlars of death and destruction? I know that you can’t arrest someone.

Mr Burgess: I obviously won’t talk about specific cases, but if we’re looking at individuals who are actually very cleverly staying on the right side of the law but could be interpreted by someone as actually still giving permission for violence, of course we would be interested, and our investigative efforts would be applied with rigour. How much effort they get depends on what we find as we make our inquiries and up through our levels of investigation, including the use of special powers if warranted.

Senator ROBERTS: What do those special powers involve?

Mr Burgess: A range of interception, computer access warrants, enter and search operations. We get highly intrusive under a warrant authorised by the Attorney-General, if we have the grounds that warrant that.

Senator ROBERTS: If it involves a breach of the law, will you report it to the police?

Mr Burgess: We pass that straight to our partners in the law enforcement joint counterterrorism teams.

Senator ROBERTS: You work together with the AFP and the state police forces, presumably.

Mr Burgess: In every state and territory, there is a thing called a joint counterterrorism team, which includes the state or territory police forces, the Australian Federal Police and ASIO officers.

Senator ROBERTS: Coming back to Senator Rennick’s questions, what do you see as your responsibility once exposing a foreign agent?

Mr Burgess: If we’ve got a threat to security, someone’s engaged in foreign interference or espionage, we will deal with it through either an intelligence-led disruption or pass that matter over to our mates in the Counter Foreign Interference Taskforce, and the Australian Federal Police will take it from there, as was the case with the two Russian-born Australian citizens this year.

Senator ROBERTS: You and Senator Rennick may not have agreed on the words and not understood each other’s words, but do you need any laws passed to enable you to do your job better?

Mr Burgess: No, not at this stage.

Senator ROBERTS: Thank you, Mr Burgess.