Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies in relation to a communication (including a security clearance suitability assessment) by the Organisation to a security vetting agency that is a State or an authority of a State (a State security vetting agency ).
(2) Without limiting paragraph 82C(1)(d), the Organisation may furnish a security clearance suitability assessment in respect of a person to a State security vetting agency by:
(a) furnishing the assessment directly to the State security vetting agency; or
(b) furnishing the assessment to a Commonwealth agency for transmission to the State security vetting agency.
(3) The Organisation must not furnish a communication concerning a person, other than in the form of a security clearance suitability assessment or in accordance with subsection (4), to:
(a) a State security vetting agency if the Organisation knows the communication is intended or likely to be used by the State security vetting agency in considering whether to make, refuse to make or refrain from making a security clearance decision in respect of the person; or
(b) a Commonwealth agency if the Organisation knows that the Commonwealth agency intends to transmit the communication to a State security vetting agency for use in considering whether to make, refuse to make or refrain from making a security clearance decision in respect of the person.
(4) The Organisation may make a communication, pending the furnishing by the Organisation of a security clearance suitability assessment in respect of a person, to:
(a) a State security vetting agency; or
(b) a Commonwealth agency for transmission to a State security vetting agency;
if the Director - General, or a person authorised by the Director - General under subsection (6), is satisfied that the requirements of security make it necessary as a matter of urgency for the State security vetting agency to make a security clearance decision referred to in subsection (5) in respect of the person.
(5) For the purposes of subsection (4), the security clearance decision is a decision to temporarily:
(a) suspend a security clearance, or revoke a suspension of a security clearance, held by the person; or
(b) impose a condition, or vary a condition imposed, on a security clearance in respect of the person.
(6) The Director - General may, in writing, authorise a person for the purposes of subsection (4) if the person is an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.