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

Schedule 1   Security assessments

Part 2   Security assessments and preliminary communications

Division 3   Preliminary communications to States

Australian Security Intelligence Organisation Act 1979

18   After subsection 40(1)

Insert:

(1A) It is also a function of the Organisation to make a preliminary communication, pending the furnishing of a security assessment by the Organisation, to:

(a) a State or an authority of a State; or

(b) a Commonwealth agency for transmission to a State or an authority of a State;

if the Director-General, or a person authorised by the Director-General under subsection (4), is satisfied that the requirements of security make it necessary as a matter of urgency for the State or authority to take the action referred to in subsection (1B).

(1B) For the purposes of subsection (1A), the action is any of the following:

(a) action of a temporary nature to prevent:

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

(ii) 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;

(b) action that is of a temporary nature and of a kind referred to in paragraph (g) or (h) of the definition of prescribed administrative action in subsection 35(1);

(c) action that is of a temporary nature and is of a kind:

(i) referred to in paragraph (i) of the definition of prescribed administrative action in subsection 35(1); and

(ii) prescribed by the regulations for the purposes of this subparagraph.