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

13   Application provisions

(1) Paragraph 82C(1)(a) of the Australian Security Intelligence Organisation Act 1979, as inserted by this Division, applies in relation to security vetting undertaken on or after the commencement of this item, other than security vetting undertaken for the purposes of:

(a) a security clearance decision that was under consideration immediately before the commencement of this item; or

(b) a security assessment commenced under Part IV of that Act before the commencement of this item that had not been furnished before that commencement.

(2) Paragraph 82C(1)(b) of the Australian Security Intelligence Organisation Act 1979, as inserted by this Division:

(a) applies in relation to a security clearance decision made on or after the commencement of this item in respect of a security clearance, whether the security clearance was granted before, on or after the commencement of this item; but

(b) does not apply in relation to a security clearance decision that was under consideration immediately before the commencement of this item.

(3) Paragraph 82C(1)(c) of the Australian Security Intelligence Organisation Act 1979, as inserted by this Division, applies in relation to the ongoing security vetting and assessment, after the commencement of this item, in respect of a security clearance whether the security clearance was granted before, on or after the commencement of this item.

(4) Paragraph 82C(1)(d) of the Australian Security Intelligence Organisation Act 1979, as inserted by this Division, applies in relation to a security clearance suitability assessment furnished on or after the commencement of this item in respect of a person, whether or not the person held a security clearance before the commencement of this item.

(5) Paragraph 82C(1)(e) of the Australian Security Intelligence Organisation Act 1979, as inserted by this Division, applies in relation to a communication, on or after the commencement of this item, in respect of a security clearance whether the security clearance was granted before, on or after the commencement of this item.

(6) Paragraph 82C(1)(f) of the Australian Security Intelligence Organisation Act 1979, as inserted by this Division, applies in relation to a security clearance for which the Organisation assumes responsibility on or after the commencement of this item, whether the security clearance was granted before, on or after the commencement of this item.

(7) To avoid doubt, the Australian Security Intelligence Organisation Act 1979, as in force immediately before the commencement of this item, continues to apply in relation to the following:

(a) a security assessment commenced under Part IV of that Act before the commencement of this item that had not been furnished before that commencement;

(b) a security assessment furnished under that Part before the commencement of this item;

(c) any communication made pending the furnishing of a security assessment mentioned in paragraph (a) or (b), whether the communication was made before, on or after the commencement of this item.

(8) To avoid doubt, nothing in this Division affects the capacity of a security vetting agency other than the Organisation to make a security clearance decision on the basis of a security assessment mentioned in paragraph (7)(a) or (b).