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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION AMENDMENT ACT 2004 NO. 141, 2004 - SCHEDULE 1

- Amendment of the Australian Security Intelligence Organisation Act 1979

Australian Security Intelligence Organisation Act 1979

1
Section 35 (paragraph (a) of the definition of prescribed administrative action )

Repeal the paragraph, substitute:

(a) action that relates to or affects:
(i) access by a person to any information or place access to which is controlled or limited on security grounds; or
(ii) a person's ability to perform an activity in relation to, or involving, a thing (other than information or a place), if that ability 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 or ability;
2 Subsection 36(1)

Omit "(1)" (first occurring).

3 Subsection 39(2)

Repeal the subsection, substitute:

(2)
Subsection (1) does not prevent a Commonwealth agency from taking action of a temporary nature to prevent:

(a) access by a person to any information or place access to which is controlled or limited on security grounds; or
(b) a person from performing an activity in relation to, or involving, a thing (other than information or a place), if the person's ability to perform that activity is controlled or limited on security grounds;

if, on the basis of a preliminary communication by the Organisation, the Commonwealth agency is satisfied that the requirements of security make it necessary to take that action as a matter of urgency pending the furnishing of an assessment by the Organisation.

4 Subsection 61(1)

Omit "(1)".




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