Commonwealth Consolidated Acts

AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY ACT 1998 - SECT 8

             (1)  Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, if taking the action or refraining from taking the action would be, or could reasonably be expected to be, prejudicial to Australia's national security.

             (2)  Without limiting subsection (1), the Director‑General of Security may, after consulting with the Minister, declare by notice in writing that specified provisions of this Act or the regulations do not apply, or apply subject to such modifications as are set out in the declaration, in relation to:

                     (a)  premises or a workplace under the control of the Director‑General; or

                     (b)  a person who is employed under section 84 of the Australian Security Intelligence Organisation Act 1979 ; or

                     (c)  the performance of work by such a person for the purpose of carrying out a function set out in section 17 of that Act.

The declaration has effect accordingly.

             (3)  In making a declaration under subsection (2), the Director‑General must take into account the need to promote the object of this Act to the greatest extent consistent with the maintenance of Australia's national security.

             (4)  A declaration under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.