Australian Security Intelligence Organisation Amendment Act 2023 (33 of 2023)

Schedule 1   Amendments

Part 1   Main amendments

Division 1   Amendments to the Australian Security Intelligence Organisation Act 1979

Australian Security Intelligence Organisation Act 1979

10   At the end of Division 1 of Part IV

Add:

36A Part not to apply to security vetting and security clearance related activities

(1) This Part (other than section 81) does not apply in relation to the exercise of a power or the performance of a function under Part IVA.

(2) To avoid doubt:

(a) a communication made, including a security clearance suitability assessment furnished, by the Organisation in connection with the performance of its function under paragraph 17(1)(cb) is not a security assessment; and

(b) any decision made or not made, or action taken or not taken, by a Commonwealth agency, a State or an authority of a State, on the basis of a communication made by the Organisation in connection with the performance of its function under paragraph 17(1)(cb) is not prescribed administrative action within the meaning of paragraph (a) of the definition of prescribed administrative action in subsection 35(1).