Document ID: chunk:federal_register_of_legislation:C2021C00358:clause:1_79a:p1
Version: federal_register_of_legislation:C2021C00358
Segment Type: clause
Provision Reference: sch 1 cl 79A (pt 1/2)
Character Range: 86240–88877

79A  National security review required before orders may be made

Bases on which Treasurer may review actions
 (1) The Treasurer may review an action if the Treasurer is satisfied that:
 (a) any of the following apply:
 (i) a no objection notification in relation to the action has been given and has not been revoked under section 76A;
 (ii) the action has been taken and, at the time it was taken, the action or the kind of action was specified in an exemption certificate in force under Division 5 of Part 2 or the regulations;
 (iii) the action has been taken and, at the time it was taken, the interest or kind of interest to which the action relates was specified in an exemption certificate in force under Division 5 of Part 2 or the regulations;
 (iv) an interim order in relation to the action was made and the Treasurer did not make an order under section 67 before the end of the period specified in the interim order;
 (v) an order or decision under Division 2 was not made by the Treasurer in relation to the action before the end of the decision period;
 (vi) a person was given a notice imposing conditions under section 79H in relation to the action; and
 (b) any of the following apply:
 (i) the person notified the action to the Treasurer and made a statement, whether orally or in that notification, that was false or misleading in a material particular, or that omitted a matter or thing without which the statement was misleading in a material particular;
 (ii) the business, structure or organisation of the person has, or the person's activities have, materially changed since the time paragraph (a) was satisfied;
 (iii) the circumstances or market in which the action was, or is proposed to be, taken have materially changed since the time paragraph (a) was satisfied.

Treasurer to decide whether a national security risk exists
 (2) When reviewing an action under this section, the Treasurer must decide whether a national security risk relating to the action exists. In doing so, the Treasurer must obtain, and have regard to, advice from an agency in the national intelligence community about national security risks in relation to the action.
Note: A person may apply to the Administrative Appeals Tribunal for review of a decision that a national security risk relating to the action exists: see section 130A.

Treasurer may give notice of review
 (3) If the Treasurer reviews an action under this section:
 (a) the Treasurer must, unless it would prejudice Australia's national security interests to do so, notify the person, in writing, of the review; and
 (b) if the action has not been taken—the giving