Document ID: chunk:federal_register_of_legislation:C2024C00841:section:35:p1
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 35 (pt 1/3)
Character Range: 363421–366195

35  Interpretation
 (1) In this Part, unless the contrary intention appears:
adverse security assessment means a security assessment in respect of a person that contains:
 (a) any opinion or advice, or any qualification of any opinion or advice, or any information, that is or could be prejudicial to the interests of the person; and
 (b) a recommendation that prescribed administrative action be taken or not be taken in respect of the person, being a recommendation the implementation of which would be prejudicial to the interests of the person.
agency head means:
 (a) the Director‑General; or
 (b) the Director‑General of the Australian Secret Intelligence Service; or
 (ba) the Director‑General of the Australian Signals Directorate; or
 (c) the Director‑General of National Intelligence; or
 (d) the Director of that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation; or
 (e) the Director of that part of the Defence Department known as the Defence Intelligence Organisation.
applicant means a person who has applied to the Tribunal for a review of a security assessment.
authority of a State includes a State Minister, Department or Police Force.
Commonwealth contractor means a person performing work or rendering services, otherwise than as an employee, for the purposes of the Commonwealth or an authority of the Commonwealth, including a person performing such work or rendering such services as a sub‑contractor or as an adviser or consultant.
delayed security assessment has the meaning given by subsection 41(1).
prescribed administrative action, subject to subsections (1A) and (2), means:
 (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; or
 (b) the exercise of any power, or the performance of any function, in relation to a person under the Migration Act 1958 or the regulations under that Act; or
 (c) the exercise of any power, or the performance of any function, in relation to a person under the Australian Citizenship Act 2007, the Australian Passports Act 2005 or the regulations under either of those Acts; or
 (ca) the exercise of a power under Chapter 2 or 4 of the Digital ID Act 2024; or
 (d) the exercise of a power under