Commonwealth Numbered Acts

INTELLIGENCE AND SECURITY (CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 102 of 1986 - SECT 21

21. After section 12 of the Principal Act the following section is inserted:
Deportation of non-citizens upon security grounds

"13. (1) Where-

   (a)  it appears to the Minister that the conduct (whether in Australia or
        elsewhere and either before or after the commencement of this
        sub-section) of a non-citizen (not being a person who has been present
        in Australia as a permanent resident for a period of at least 10 years
        or periods that, in the aggregate, amount to a period of at least 10
        years) constitutes, or has constituted, a threat to the security of
        the Commonwealth, of a State or of an internal or external Territory;
        and

   (b)  the Minister has been furnished with an adverse security assessment in
        respect of the non-citizen by the Organization, being an assessment
        made for the purposes of this sub-section, the Minister may, subject
        to this section, order the deportation of the non-citizen.

"(2) Where-

   (a)  sub-section (1) applies in relation to a non-citizen;

   (b)  the adverse security assessment made in respect of the non-citizen is
        not an assessment to which a certificate given in accordance with
        paragraph 38 (2) (a) of the
        Australian Security Intelligence Organization Act 1979 applies; and

   (c)  the non-citizen applies to the Tribunal for a review of the security
        assessment before the end of 30 days after the receipt by the
        non-citizen of notice of the assessment and the Tribunal, after
        reviewing the assessment, finds that the security assessment should
        not have been an adverse security assessment, the Minister shall not
        order the deportation of the non-citizen.

"(3) Where-

   (a)  sub-section (1) applies in relation to a non-citizen;

   (b)  the adverse security assessment made in respect of the non-citizen is
        an assessment to which a certificate given in accordance with
        paragraph 38 (2) (a) of the
        Australian Security Intelligence Organization Act 1979 applies; and

   (c)  the Attorney-General has, in accordance with section 65 of that Act,
        required the Tribunal to review the assessment, the Minister shall not
        order the deportation of the non-citizen unless, following the receipt
        by the Attorney-General of the findings of the Tribunal, the
        Attorney-General advises the Minister that the Tribunal has confirmed
        the assessment.

"(4) A notice given by the Minister pursuant to sub-section 38 (1) of the
Australian Security Intelligence Organization Act 1979 informing a person of
the making of an adverse security assessment, being an assessment made for the
purposes of sub-section (1) of this section, shall contain a statement to the
effect that the assessment was made for the purposes of sub-section (1) of
this section and that the person may be deported pursuant to this section.

"(5) Notwithstanding section 55 of the Australian Security Intelligence
Organization Act 1979, the Tribunal shall not extend beyond the period of 30
days referred to in that section the time within which a person may apply to
the Tribunal for a review of an adverse security assessment made for the
purposes of sub-section (1) of this section.

"(6) In this section-
'adverse security assessment', 'security assessment' and 'Tribunal' have the
same meanings as they have in Part IV of the Australian Security Intelligence
Organization Act 1979;
'Organization' means the Australian Security Intelligence Organization.".