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Australian Security Intelligence Organisation Amendment Bill 2004
Schedule 1 Amendment of the Australian Security Intelligence Organisation Act 1979

   

Australian Security Intelligence Organisation Act 1979

1  Section 35 (paragraph (a) of the definition of prescribed administrative action )

Repeal the paragraph, substitute:

                     (a)  action that relates to or affects:

                              (i)  access by a person to any information or place access to which is controlled or limited on security grounds; or

                             (ii)  a person’s ability to perform an activity in relation to, or involving, a thing (other than information or a place), if that ability is controlled or limited on security grounds;

                            including action affecting the occupancy of any office or position under the Commonwealth or an authority of the Commonwealth or under a State or an authority of a State, or in the service of a Commonwealth contractor, the occupant of which has or may have any such access or ability;

2  Subsection 36(1)

Omit “(1)” (first occurring).

3  Subsection 39(2)

Repeal the subsection, substitute:

             (2)  Subsection (1) does not prevent a Commonwealth agency from taking action of a temporary nature to prevent:

                     (a)  access by a person to any information or place access to which is controlled or limited on security grounds; or

                     (b)  a person from performing an activity in relation to, or involving, a thing (other than information or a place), if the person’s ability to perform that activity is controlled or limited on security grounds;

if, on the basis of a preliminary communication by the Organisation, the Commonwealth agency is satisfied that the requirements of security make it necessary to take that action as a matter of urgency pending the furnishing of an assessment by the Organisation.

4  Subsection 61(1)

Omit “(1)”.

 

 

 

[ Minister’s second reading speech made in—

House of Representatives on 17 November 2004

Senate on 7 December 2004 ]

(198/04)