National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Act 2024 (24 of 2024)

Schedule 4   Security vetting and security clearance related activities

Part 2   Delayed assessments and security clearance decisions

Australian Security Intelligence Organisation Act 1979

7   At the end of Division 2 of Part IVA

Add:

82GA Notification of delayed security clearance decision or delayed security clearance suitability assessment

Notification of delayed security clearance decision or security clearance suitability assessment

(1) If a security clearance decision is not made under this Part within 12 months after the Organisation starts to consider making the decision (the delayed security clearance decision ), the Director-General must cause the Inspector-General of Intelligence and Security to be notified of the delayed security clearance decision.

Note: A protocol made under subsection 82GB(1) must specify when the Organisation is taken to have started to consider making a security clearance decision, which may be specified differently for different classes of security clearance decisions (see subsections 82GB(3) and (4)).

(2) If a security clearance suitability assessment is not furnished under this Part within 12 months after the Organisation starts to prepare the suitability assessment (the delayed security clearance suitability assessment ), the Director-General must cause the Inspector-General of Intelligence and Security to be notified of the delayed security clearance suitability assessment.

Note: A protocol made under subsection 82GB(1) must specify when the Organisation is taken to have started to prepare a security clearance suitability assessment, which may be specified differently for different classes of security clearance suitability assessments (see subsections 82GB(3) and (4)).

(3) A notification under subsection (1) or (2) must:

(a) be made within the period specified, for the purposes of subparagraph 82GB(3)(b)(i), in the protocol made under subsection 82GB(1), as in force from time to time; and

(b) include the information specified in that protocol for the purposes of subparagraph 82GB(3)(b)(ii); and

(c) comply with any other requirements specified in the protocol for the purposes of paragraph 82GB(3)(d).

Exceptions to requirement to notify

(4) However, subsection (1) or (2) does not apply if:

(a) the Organisation has been notified that the security clearance decision or security clearance suitability assessment is no longer required; or

(b) the Organisation initiated the making of the security clearance decision or the preparation of the security clearance suitability assessment without a request for the decision or suitability assessment being made by another Commonwealth agency, a State or an authority of a State.

Application of this section

(5) This section applies to:

(a) a security clearance decision that the Organisation starts to consider making on or after the commencement of this section; and

(b) a security clearance suitability assessment that the Organisation starts to prepare on or after the commencement of this section.

82GB Protocol for dealing with delayed security clearance decisions and delayed security clearance suitability assessments

Requirement to make protocol

(1) The Director-General must make a written protocol for dealing with delayed security clearance decisions and delayed security clearance suitability assessments.

Note 1: For variation of a protocol, see subsection 33(3) of the Acts Interpretation Act 1901.

Note 2: A protocol made under this subsection may be combined with a protocol made under subsection 42(1) (protocol for dealing with delayed security assessments).

(2) The Director-General must consult with the Inspector-General of Intelligence and Security before making a protocol under subsection (1).

(3) The protocol:

(a) must specify the following:

(i) when the Organisation is taken to have started to consider making a security clearance decision;

(ii) when the Organisation is taken to have started to prepare a security clearance suitability assessment; and

(b) must specify the following in relation to the notification under section 82GA of a delayed security clearance decision or delayed security clearance suitability assessment:

(i) the period withinwhich the notification must be made;

(ii) the information to be included in the notification; and

(c) must deal with steps to be taken by the Organisation in relation to the delayed security clearance decision or delayed security clearance suitability assessment after the notification referred to in paragraph (b) is made; and

(d) may specify other requirements, or deal with any other matters, that:

(i) relate to a delayed security clearance decision or delayed security clearance suitability assessment, or the notification of the decision or suitability assessment under section 82GA; and

(ii) the Director-General considers appropriate.

(4) Without limiting subsection (1), the protocol may provide differently for different classes of security clearance decisions or security clearance suitability assessments.

(5) A protocol made under subsection (1) is not a legislative instrument.

Requirement to comply with protocol

(6) The Organisation must, in relation to a delayed security clearance decision or delayed security clearance suitability assessment to which subsection 82GA(1) or (2) applies, comply with a protocol made under subsection (1) of this section, as in force from time to time.