Commonwealth Numbered Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION AMENDMENT ACT 1986 No. 122 of 1986 - SECT 19

19. Section 35 of the Principal Act is amended -
(a) by omitting the definition of "adverse or qualified security assessment"
and substituting the following definition:

"'adverse security assessment' means a security assessment in respect of a
person that contains -

   (a)  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;
and

   (b)  a recommendation that prescribed administrative action be taken or not
        be taken in respect of the person, being a recommendation the
        implementation of which would be prejudicial to the interests of the
        person;";

   (b)  by inserting after the definition of "presidential member" the
        following definition:

"'qualified security assessment' means a security assessment in respect of a
person that -

   (a)  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; and

   (b)  does not contain a recommendation of the kind referred to in paragraph
        (b) of the definition of 'adverse security assessment', whether or not
        the matters contained in the assessment would, by themselves, justify
        prescribed administrative action being taken or not being taken in
        respect of the person to the prejudice of the interests of the
        person;"; and

   (c)  by inserting ", being a qualification or comment that relates or that
could relate to that question" at the end of the definition of "security
assessment" or "assessment".