Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 82C

  (1)   For the purposes of the Organisation's function under paragraph   17(1)(cb), the Organisation may do any of the following:

  (a)   undertake security vetting to assess a person's suitability to hold a security clearance;

  (b)   make security clearance decisions;

  (c)   undertake ongoing security vetting and assessment of a person's suitability to continue to hold a security clearance that has been granted, or is taken under paragraph   (2)(a) of this section to have been granted, by the Organisation;

  (d)   furnish a security clearance suitability assessment in respect of a person;

  (e)   communicate with a sponsoring agency for a security clearance in relation to the ongoing suitability of a person to hold the security clearance;

  (f)   assume responsibility for a security clearance that has been granted to a person by another security vetting agency;

  (g)   do anything incidental to a thing mentioned in any of paragraphs   (a) to (f) of this subsection.

Note:   In respect of communications made by the Organisation under this Part, it is the Organisation's responsibility to determine a person's suitability on security grounds to hold a security clearance. In respect of a person employed, or proposed to be employed, by a Commonwealth agency or other body, it is the responsibility of that agency or body to determine the person's suitability on employment grounds to be employed by that agency or body.

  (2)   If, at a time, the Organisation assumes responsibility for a security clearance under paragraph   (1)(f):

  (a)   the security clearance is, after that time, taken to have been granted by the Organisation; and

  (b)   this Part applies in relation to a security clearance decision made after that time in respect of the security clearance.

Note:   Internal review and review by the Administrative Review Tribunal, as provided for by this Part, do not apply to a security clearance decision made by a security vetting agency in respect of a security clearance before the Organisation assumes responsibility for the clearance.

  (3)   To avoid doubt, nothing in this Act prevents the Organisation from making a security clearance decision to impose a condition, or vary a condition imposed, on a security clearance in respect of a person in the following circumstances:

  (a)   where the person is not required to agree to the condition, or the variation of the condition, in order for the security clearance to be granted or continued;

  (b)   where the sponsoring agency for the security clearance, or the employer of the person, must agree to the condition, or the variation of the condition, in order for the security clearance to be granted to the person or continued in respect of the person.