Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 35

             (1)  In this Part, unless the contrary intention appears:

"adverse security assessment" means a security assessment in respect of a person that contains:

                     (a)  any opinion or advice, or any qualification of any opinion or advice, or any information, that is or could be prejudicial to the interests of the person; and

                     (b)  a recommendation that prescribed administrative action be taken or not be taken in respect of the person, being a recommendation the implementation of which would be prejudicial to the interests of the person.

"agency head" means:

                     (a)  the Director-General; or

                     (b)  the Director-General of the Australian Secret Intelligence Service; or

                     (c)  the Director-General of the Office of National Assessments; or

                     (d)  the Director of that part of the Defence Department known as the Defence Imagery and Geospatial Organisation; or

                     (e)  the Director of that part of the Defence Department known as the Defence Intelligence Organisation; or

                      (f)  the Director of that part of the Defence Department known as the Defence Signals Directorate.

"applicant" means a person who has applied to the Tribunal for a review of a security assessment.

"authority of a State" includes a State Minister, Department or Police Force.

"Commonwealth agency" means a Minister or an authority of the Commonwealth.

"Commonwealth contractor" means a person performing work or rendering services, otherwise than as an employee, for the purposes of the Commonwealth or an authority of the Commonwealth, including a person performing such work or rendering such services as a sub-contractor or as an adviser or consultant.

"prescribed administrative action" means:

                     (a)  action that relates to or affects:

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

                             (ii)  a person's ability to perform an activity in relation to, or involving, a thing (other than information or a place), if that ability is controlled or limited on security grounds;

                            including action affecting the occupancy of any office or position under the Commonwealth or an authority of the Commonwealth or under a State or an authority of a State, or in the service of a Commonwealth contractor, the occupant of which has or may have any such access or ability;

                     (b)  the exercise of any power, or the performance of any function, in relation to a person under the Migration Act 1958 or the regulations under that Act; or

                     (c)  the exercise of any power, or the performance of any function, in relation to a person under the Australian Citizenship Act 2007 , the Australian Passports Act 2005 or the regulations under either of those Acts; or

                     (d)  the exercise of a power under section 58A, or subsection 581(3), of the Telecommunications Act 1997 .

Note:          An obligation, prohibition or restriction imposed by a control order is not prescribed administrative action (see subsection (2)).

"qualified security assessment" means a security assessment in respect of a person that:

                     (a)  contains any opinion or advice, or any qualification of any opinion or advice, or any information, that is or could be prejudicial to the interests of the person; and

                     (b)  does not contain a recommendation of the kind referred to in paragraph (b) of the definition of adverse security assessment ;

whether or not the matters contained in the assessment would, by themselves, justify prescribed administrative action being taken or not being taken in respect of the person to the prejudice of the interests of the person.

"security assessment or assessment" means a statement in writing furnished by the Organisation to a Commonwealth agency expressing any recommendation, opinion or advice on, or otherwise referring to, the question whether it would be consistent with the requirements of security for prescribed administrative action to be taken in respect of a person or the question whether the requirements of security make it necessary or desirable for prescribed administrative action to be taken in respect of a person, and includes any qualification or comment expressed in connection with any such recommendation, opinion or advice, being a qualification or comment that relates or that could relate to that question.

"staff member" of the Organisation or an intelligence or security agency means:

                     (a)  the agency head of the Organisation or agency; or

                     (b)  an employee or officer of the Organisation or agency; or

                     (c)  a consultant or contractor to the Organisation or agency; or

                     (d)  a person who is made available by an authority of the Commonwealth, authority of a State or other person to perform services for the Organisation or agency.

"Tribunal" means the Administrative Appeals Tribunal.

             (2)  To avoid doubt, an obligation, prohibition or restriction imposed on a person by a control order made under Division 104 of the Criminal Code is not prescribed administrative action.