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

Schedule 1   Security assessments

Part 1   Prescribed administrative action

Division 2   Regulations to prescribe actions as prescribed administrative action

Australian Security Intelligence Organisation Act 1979
7   After section 35

Insert:

36AA Prescribing actions as prescribed administrative action

(1) Regulations made for the purposes of paragraph (i) of the definition of prescribed administrative action in subsection 35(1) (the relevant regulations ) may prescribe an action if:

(a) the action is likely to affect a person's liberty or livelihood; and

(b) matters relating to security would be a primary consideration in deciding whether to take the action.

(2) The Committee on Intelligence and Security must:

(a) review the relevant regulations as soon as possible after they are made; and

(b) report the Committee's comments and recommendations to each House of the Parliament before the end of the applicable disallowance period for that House.

(3) If the Committee's report on a review of the relevant regulations is tabled in a House of the Parliament:

(a) during the applicable disallowance period for that House; and

(b) on or after the eighth sitting day of the applicable disallowance period;

then Part 2 of Chapter 3 of the Legislation Act 2003 has effect, in relation to the relevant regulations and that House, as if each period of 15 sitting days referred to in that Part were extended in accordance with the following table.

Extension of applicable disallowance period

Item

If the Committee's report is tabled in that House…

extend the period of 15 sitting days by…

1

on the fifteenth sitting day of the applicable disallowance period

8 sitting days of that House

2

on the fourteenth sitting day of the applicable disallowance period

7 sitting days of that House

3

on the thirteenth sitting day of the applicable disallowance period

6 sitting days of that House

4

on the twelfth sitting day of the applicable disallowance period

5 sitting days of that House

5

on the eleventh sitting day of the applicable disallowance period

4 sitting days of that House

6

on the tenth sitting day of the applicable disallowance period

3 sitting days of that House

7

on the ninth sitting day of the applicable disallowance period

2 sitting days of that House

8

on the eighth sitting day of the applicable disallowance period

1 sitting day of that House

(4) The applicable disallowance period for a House of the Parliament means the period of 15 sitting days of that House after the relevant regulations, or a copy of the relevant regulations, were laid before that House in accordance with section 38 of the Legislation Act 2003.