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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 38A

Notification where assessment relates to Telecommunications Act or directions under the Security of Critical Infrastructure Act

  (1)   This section applies to an adverse or qualified security assessment in respect of a person (the assessed person) if the assessment is given to the Minister in connection with any of the following provisions of the Telecommunications Act 1997 :

  (a)   section   58A;

  (b)   section   315A or 315B;

  (c)   clause   57A of Schedule   3A;

  (d)   clause   72A of Schedule   3A.

  (1A)   This section also applies to an adverse security assessment in respect of a person (the assessed person ) if the assessment is given for the purposes of section   32 of the Security of Critical Infrastructure Act 2018 (direction if risk of act or omission would be prejudicial to security).

  (2)   Within 14 days after receiving the assessment, the Minister must give to the assessed person a notice in writing, to which a copy of the assessment is attached, informing the assessed person of the making of the assessment and containing prescribed information concerning his or her right to apply to the Tribunal under this Part.

  (3)   If the Minister is satisfied that the assessment contains any matter the disclosure of which would be prejudicial to the interests of security, then the Minister must exclude that matter from the copy provided under subsection   (2).



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