Commonwealth Numbered Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION ACT 1979 No. 113 of 1979 - SECT 38

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 Organization to a Commonwealth agency, the Commonwealth agency 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 of the making of the assessment and containing
information, in the prescribed form, concerning his right to apply to the
Tribunal under this Part.

(2) The Attorney-General may, by writing under his hand delivered to the
Director-General, certify that he 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 Attorney-General issues a certificate under sub-section (2), he
shall cause a copy of the certificate to be delivered to the Commonwealth
agency to which the assessment was furnished.

(4) Sub-section (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 sub-section (1) shall not
contain any matter to which the certificate applies.

(6) A notice under sub-section (1) may be given to a person by delivering it
to him personally or by sending it to him by registered post at his address
last known to the Commonwealth agency.