Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 82H

Internally reviewable decisions

  (1)   For the purposes of this Division, each of the following security clearance decisions is an internally reviewable decision :

  (a)   a decision by the Organisation to deny a security clearance in respect of a person (the affected person );

  (b)   a decision by the Organisation to revoke a security clearance held by a person (the affected person );

  (c)   a decision by the Organisation to impose a condition, or vary a condition imposed, on a security clearance in respect of a person (the affected person ) if:

  (i)   in the case of a security clearance that has not yet been granted--the affected person must agree to the condition before the security clearance will be granted; or

  (ii)   in the case of a security clearance that has already been granted--the affected person must agree to the condition, or the variation of the condition, otherwise the security clearance will be revoked.

Exceptions

  (2)   A decision of an internal reviewer, on behalf of the Organisation, under subsection   82L(3) is not an internally reviewable decision for the purposes of this Division.

  (3)   A security clearance decision in respect of a person is not an internally reviewable decision for the purposes of this Division if the person:

  (a)   is engaged, or proposed to be engaged, for employment outside Australia for duties outside Australia; and

  (b)   is not an Australian citizen or is not normally resident in Australia.