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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION AMENDMENT BILL 2004

2004

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES




Presented and read a first time









Australian Security Intelligence Organisation Amendment Bill 2004

No. , 2004

(Attorney-General)



A Bill for an Act to amend the Australian Security Intelligence Organisation Act 1979, and for related purposes

Contents

Australian Security Intelligence Organisation Act 1979 3

A Bill for an Act to amend the Australian Security Intelligence Organisation Act 1979, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Australian Security Intelligence Organisation Amendment Act 2004.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Australian Security Intelligence Organisation Act 1979

Australian Security Intelligence Organisation Act 1979

1 Section 35 (paragraph (a) of the definition of prescribed administrative action)

Repeal the paragraph, substitute:

(a) action that relates to or affects:

(i) access by a person to any information or place access to which is controlled or limited on security grounds; or

(ii) a person’s ability to perform an activity in relation to, or involving, a thing (other than information or a place), if that ability is controlled or limited on security grounds;

including action affecting the occupancy of any office or position under the Commonwealth or an authority of the Commonwealth or under a State or an authority of a State, or in the service of a Commonwealth contractor, the occupant of which has or may have any such access or ability;

2 Subsection 36(1)

Omit “(1)” (first occurring).

3 Subsection 39(2)

Repeal the subsection, substitute:

(2) Subsection (1) does not prevent a Commonwealth agency from taking action of a temporary nature to prevent:

(a) access by a person to any information or place access to which is controlled or limited on security grounds; or

(b) a person from performing an activity in relation to, or involving, a thing (other than information or a place), if the person’s ability to perform that activity is controlled or limited on security grounds;

if, on the basis of a preliminary communication by the Organisation, the Commonwealth agency is satisfied that the requirements of security make it necessary to take that action as a matter of urgency pending the furnishing of an assessment by the Organisation.

4 Subsection 61(1)

Omit “(1)”.

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