WORK HEALTH AND SAFETY ACT 2011 - SECT 12C Act not to prejudice national security

WORK HEALTH AND SAFETY ACT 2011 - SECT 12C

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

  (2)   Without limiting the generality of subsection   (1), the Director - General of Security may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to a person carrying out work for the Director - General of Security.

  (2A)   Without limiting the generality of subsection   (1), the Director - General of ASIS may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to a person carrying out work for the Director - General of ASIS.

  (2AA)   Without limiting the generality of subsection   (1), the Director - General of the Australian Signals Directorate may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to a person carrying out work for the Director - General of the Australian Signals Directorate.

  (2B)   Without limiting the generality of subsection   (1), the Australian Border Force Commissioner may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to modifications set out in the declaration, in relation to an Australian Border Force worker.

  (2C)   The Australian Border Force Commissioner must consult the Immigration and Border Protection Secretary and the Director - General of Security before making an instrument under subsection   (2B).

  (3)   A declaration under subsection   (2), (2A), (2AA) or (2B) may only be made with the approval of the Minister and, if made with that approval, has effect according to its terms.

  (4)   In administering the Australian Security Intelligence Organisation and in the exercise of the power under subsection   (2), the Director - General of Security must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia's national security.

  (5)   In administering the Australian Secret Intelligence Service and in the exercise of the power under subsection   (2A), the Director - General of ASIS must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of national security.

  (5A)   In administering the Australian Signals Directorate and in the exercise of the power under subsection   (2AA), the Director - General of the Australian Signals Directorate must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of national security.

  (6)   In controlling the operations of the Australian Border Force and in the exercise of the power under subsection   (2B), the Australian Border Force Commissioner must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia's national security.