AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 38 Person to be notified of assessment

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 38

  (1)   Subject to this section, where, after the commencement of this Act, an adverse or qualified security assessment in respect of a person is furnished by the Organisation to a Commonwealth agency or a State or an authority of a State, the Commonwealth agency, the State or the authority of the State shall, within 14   days after the day on which the assessment is so furnished, give to that person a notice in writing, to which a copy of the assessment is attached, informing him or her of the making of the assessment and containing prescribed information concerning his or her right to apply to the Tribunal under this Part.

  (1A)   This section does not apply to a security assessment if section   38A applies to the assessment.

  (2)   The Minister may, by writing signed by the Minister delivered to the Director - General, certify that the Minister is satisfied that:

  (a)   the withholding of notice to a person of the making of a security assessment in respect of the person is essential to the security of the nation; or

  (b)   the disclosure to a person of the statement of grounds contained in a security assessment in respect of the person, or of a particular part of that statement, would be prejudicial to the interests of security.

  (3)   Where the Minister issues a certificate under subsection   (2), he or she shall cause a copy of the certificate to be delivered to the Commonwealth agency, State or authority of a State to which the assessment was furnished.

  (4)   Subsection   (1) does not require a notice to be given in relation to a security assessment to which a certificate in accordance with paragraph   (2)(a) applies.

  (5)   In the case of a security assessment in relation to which a certificate certifying in accordance with paragraph   (2)(b) has been given, the copy of the assessment to be attached to a notice under subsection   (1) shall not contain any matter to which the certificate applies.

  (6)   A notice under subsection   (1) may be given to a person by delivering it to him or her personally or by sending it to the person by registered post at his or her address last known to the Commonwealth agency, State or authority of a State.

  (7)   Before the end of the following periods, the Minister must consider whether to revoke a certificate certifying in accordance with paragraph   (2)(a) (if the certificate remains in force):

  (a)   12 months after it was issued;

  (b)   12 months after the Minister last considered whether to revoke it.