Australian Security Intelligence Organization Regulations (Amendment) 1993 No. 240
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 240
Issued by the authority of the Attorney-General
Australian Security Intelligence Organization Act 1979
Australian Security Intelligence Organization Regulations (Amendment)
One of the statutory functions of the Australian Security Intelligence Organization (ASIO) is to conduct security assessments of persons employed by Commonwealth departments and agencies where those persons might have access to classified material or to restricted premises in the course of performing their duties. This security assessment forms part of a wider security clearance conducted by the employing department or agency.
Part IV of the Act establishes the Security Appeals Tribunal as the sole authority with jurisdiction to review adverse or qualified security assessments issued by ASIO under that part of the Act. Section 79 of the Act requires certain documents to be lodged with the Registry of the Tribunal, the address of which is specified in the Regulations. The Australian Security Intelligence Organization Regulations at present specify an out of date street address for the lodgement of applications and other documents.
The Regulations specify the new street address of the Tribunal Registry.
The Regulations commence on gazettal.
Overview
The Australian Security Intelligence Organization Regulations (Amendment) 1993 No. 240 was enacted to address the outdated address for the lodgement of documents with the Security Appeals Tribunal Registry, as specified under the Australian Security Intelligence Organization Act 1979. This amendment was introduced by the Attorney-General to ensure the smooth and efficient administration of security assessments and appeals processes. The policy objective behind this amendment is to facilitate the accurate and timely submission of relevant documents by updating the address where such documents should be lodged. This change is intended to enhance the operational effectiveness of the Tribunal and to support the overarching function of the Australian Security Intelligence Organization in safeguarding national security.
Scope and Application
The Australian Security Intelligence Organization Regulations (Amendment) 1993 No. 240 primarily focuses on updating the address for the Registry of the Security Appeals Tribunal, as established under the Australian Security Intelligence Organization Act 1979. This regulation applies to the Tribunal and its Registry, which is tasked with reviewing adverse or qualified security assessments issued by the Australian Security Intelligence Organization (ASIO). The Act itself applies to persons employed by Commonwealth departments and agencies who might have access to classified material or restricted premises, as part of the security clearance process. The amendment ensures that the logistical details for lodging documents with the Tribunal are current and accurate. Geographically, the Act and its regulations pertain to the Commonwealth jurisdiction, encompassing federal entities and personnel. There are no stated exclusions or exemptions in this particular amendment, which simply rectifies an outdated address in the regulations. Subordinate instruments may further extend or detail the application of these regulations, but this specific amendment is limited to updating the address for the Tribunal Registry.
Key Provisions
The main operative sections of the Australian Security Intelligence Organization Regulations (Amendment) 1993 No. 240 (the "Regulations") update the address for the Registry of the Security Appeals Tribunal, which is specified in section 79 of the Australian Security Intelligence Organization Act 1979 (the "Act"). This change is necessary to ensure that parties can correctly lodge documents with the Tribunal. The Regulations provide a new, accurate address for the Registry, ensuring that applications and other documents are submitted to the correct location.
The Regulations impose obligations on parties who need to lodge documents with the Security Appeals Tribunal, as mandated by section 79 of the Act. These parties must ensure that they use the updated address provided in the Regulations to submit their documents. This requirement ensures the proper functioning of the Tribunal and the timely review of adverse or qualified security assessments issued by the Australian Security Intelligence Organization (ASIO).
Failure to comply with the requirements to use the updated address specified in the Regulations may result in delays or issues with the Tribunal's review process. While the Regulations themselves do not explicitly state penalties for non-compliance, the broader legal framework under the Act may impose consequences for not following the stipulated procedures. This could include delays in the review process, which may further impact the security clearance and employment status of individuals subject to ASIO assessments.
In summary, the Regulations amend the address for the Registry of the Security Appeals Tribunal to ensure that documents are lodged correctly. Parties subject to ASIO security assessments must comply with these updated requirements to facilitate a timely and efficient review process. Failure to adhere to these requirements may result in procedural delays, impacting the affected individuals.