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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 37

Security assessments

  (1)   The functions of the Organisation referred to in paragraph   17(1)(c) include the furnishing to Commonwealth agencies of security assessments relevant to their functions and responsibilities.

  (2)   An adverse or qualified security assessment shall be accompanied by a statement of the grounds for the assessment, and that statement:

  (a)   shall contain all information that has been relied on by the Organisation in making the assessment, other than information the inclusion of which would, in the opinion of the Director - General, be contrary to the requirements of security; and

  (b)   shall, for the purposes of this Part, be deemed to be part of the assessment.

  (3)   The regulations may prescribe matters that are to be taken into account, the manner in which those matters are to be taken into account, and matters that are not to be taken into account, in the making of assessments, or of assessments of a particular class, and any such regulations are binding on the Organisation and on the Tribunal.

  (4)   Subject to any regulations made in accordance with subsection   (3), the Director - General shall, in consultation with the Minister, determine matters of a kind referred to in subsection   (3), but nothing in this subsection affects the powers of the Tribunal.

  (5)   No proceedings, other than an application to the Tribunal under section   54, shall be brought in any court or tribunal in respect of the making of an assessment or anything done in respect of an assessment in accordance with this Act.


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