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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 82E

Communications by Organisation to another Commonwealth security vetting agency

  (1)   This section applies in relation to a communication by the Organisation to another security vetting agency that is an authority of the Commonwealth (a Commonwealth security vetting agency ).

  (2)   A Commonwealth security vetting agency must not make, refuse to make or refrain from making a security clearance decision in respect of a person on the basis of any communication in relation to the person made by the Organisation not amounting to a security clearance suitability assessment.

  (3)   Subsection   (2) does not prevent a Commonwealth security vetting agency from making a security clearance decision to temporarily:

  (a)   suspend a security clearance, or revoke a suspension of a security clearance, held by a person; or

  (b)   impose a condition, or vary a condition imposed, on a security clearance in respect of a person;

in the circumstances referred to in subsection   (4).

  (4)   The circumstances are that:

  (a)   the Organisation makes a communication to the Commonwealth security vetting agency pending the furnishing of a security clearance suitability assessment in respect of the person; and

  (b)   the Commonwealth security vetting agency is satisfied, on the basis of that communication, that the requirements of security make it necessary as a matter of urgency to make the security clearance decision pending the furnishing of the security clearance suitability assessment.



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