Australian Security Intelligence Organisation Amendment Act 2004 (Cth)

Australian Security Intelligence Organisation Amendment Act 2004

No. 141, 2004

An Act to amend the Australian Security Intelligence Organisation Act 1979, and for related purposes

Contents

Australian Security Intelligence Organisation Amendment Act 2004

No. 141, 2004

An Act to amend the Australian Security Intelligence Organisation Act 1979, and for related purposes

[Assented to 14 December 2004]

The Parliament of Australia enacts:

1Short title

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

2Commencement

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

3Schedule(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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendment of the Australian Security Intelligence Organisation Act 1979

Australian Security Intelligence Organisation Act 1979

1. 1

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

   Repeal the paragraph, substitute:

   1. (a)

      action that relates to or affects:

      1. (i)

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

      2. (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:

1. (2)

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

   1. (a)

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

   2. (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)”.

[Minister’s second reading speech made in—

House of Representatives on 17 November 2004

Senate on 7 December 2004]

(198/04)