AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 36 Part not to apply to certain assessments
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 36
Part not to apply to certain assessments(1) This Part (other than subsections 37(1), (3) and (4)) does not apply to or in relation to:
(a) a security assessment in relation to the employment, by engagement outside Australia for duties outside Australia, of a person who is not an Australian citizen or is not normally resident in Australia; or
(b) a security assessment in relation to action of a kind referred to in paragraph (b) of the definition of prescribed administrative action in section 35 (other than an assessment made for the purposes of subsection 202(1) of the Migration Act 1958 ) in respect of a person who is not:
(ii) a person who is, within the meaning of the Migration Act 1958 , the holder of a valid permanent visa; or
(iii) a person who holds a special category visa or is taken by subsection 33(2) of the Migration Act 1958 to have been granted a special purpose visa; or
(ba) a security assessment that is a request under section 22A of the Australian Passports Act 2005 for suspension of all Australian travel documents issued to a person; or
(c) a security assessment in relation to the engagement, or proposed engagement, of a person by or in the Organisation, or an intelligence or security agency, as a staff member of the Organisation or agency.
(2) Despite paragraph (1)(b), this Part applies to a security assessment in respect of a person if:
(a) the person was the holder of a valid permanent visa; and
(b) the visa was cancelled under section 134B of the Migration Act 1958 ; and
(c) the security assessment is made for the purposes of section
134C of that Act in relation to that cancellation.