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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 95 Regulations

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 95

Regulations

    The Governor - General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

This Part deals with the Organisation's function in relation to security vetting and security clearance related activities.

The function includes undertaking security vetting to assess a person's suitability to hold, or to continue to hold, a security clearance, making security clearance decisions in respect of a person and furnishing security clearance suitability assessments in respect of a person.

The Director - General may, on behalf of the Organisation, exercise the powers and perform the functions of the Organisation under this Part, and may delegate those powers and functions under section   16.

There are some limitations on the actions certain persons or bodies can take on the basis of a communication from the Organisation under this Part that is not in the form of a security clearance suitability assessment. There are also some limitations on when the Organisation can make a communication under this Part to certain persons or bodies if the communication is not in the form of a security clearance suitability assessment.

Certain persons may apply to the Organisation for internal review of certain security clearance decisions. Certain persons may apply to the Administrative Appeals Tribunal for review of certain security clearance decisions made by an internal reviewer and prejudicial security clearance suitability assessments furnished by the Organisation to a security vetting agency. Certain persons may apply to an independent reviewer for review of certain security clearance decisions made by an internal reviewer.

Certain security clearance decisions and security clearance suitability assessments may be reviewed by the Administrative Appeals Tribunal if required by the Attorney - General.