Commonwealth Numbered Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION ACT 1979 No. 113 of 1979 - SECT 35

PART IV-SECURITY ASSESSMENTS

Division 1-Preliminary
35. In this Part, unless the contrary intention appears-

''adverse or qualified security assessment'' means a security assessment in
respect of a person that 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;

''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 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;

''Commonwealth agency'' means a Minister or an authority of the Commonwealth;

''Deputy President'' means a Deputy President of the Tribunal;

''member'' means a member of the Tribunal;

''non-presidential member'' means a member other than a presidential member;

''prescribed administrative action'' means-

   (a)  action that relates to or affects access by a person to any
        information or place access to which 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;

   (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 1948, the
        Passports Act 1938 or the regulations under either of those Acts;

''President'' means the President of the Tribunal;

''presidential member'' means the President or a Deputy President;

''security assessment'' or ''assessment'' means a statement in writing
furnished by the Organization 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;

''Tribunal'' means the Security Appeals Tribunal established by this Part.