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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 36

Part not to apply to certain assessments

  (1)   This Part   (other than section   35 and subsections   37(1), (3) and (4)) does not apply to or in relation to:

  (a)   a security assessment in relation to the employment, by engagement outside Australia for duties outside Australia, of a person who is not an Australian citizen or is not normally resident in Australia; or

  (b)   a security assessment in relation to action of a kind referred to in paragraph   (b) of the definition of prescribed administrative action in section   35 (other than an assessment made for the purposes of subsection   202(1) of the Migration Act 1958 ) in respect of a person who is not:

  (i)   an Australian citizen;

  (ii)   a person who is, within the meaning of the Migration Act 1958 , the holder of a valid permanent visa; or

  (iii)   a person who holds a special category visa or is taken by subsection   33(2) of the Migration Act 1958 to have been granted a special purpose visa; or

  (ba)   a security assessment that is a request under section   22A of the Australian Passports Act 2005 for suspension of all Australian travel documents issued to a person; or

  (c)   a security assessment in relation to the engagement, or proposed engagement, of a person by or in the Organisation, or an intelligence or security agency, as a staff member of the Organisation or agency.

  (2)   Despite paragraph   (1)(b), this Part applies to a security assessment in respect of a person if:

  (a)   the person was the holder of a valid permanent visa; and

  (b)   the visa was cancelled under section   134B of the Migration Act 1958 ; and

  (c)   the security assessment is made for the purposes of section   134C of that Act in relation to that cancellation.

  (3)   This section does not, by implication, affect the interpretation of any other provision of this Part.



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