Document ID: chunk:federal_register_of_legislation:C2004A01376:clause:1_3
Version: federal_register_of_legislation:C2004A01376
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 2045–2805

3  Subsection 39(2)
Repeal the subsection, substitute:

 (2) Subsection (1) does not prevent a Commonwealth agency from taking action of a temporary nature to prevent:
 (a) access by a person to any information or place access to which is controlled or limited on security grounds; or
 (b) a person from performing an activity in relation to, or involving, a thing (other than information or a place), if the person's ability to perform that activity is controlled or limited on security grounds;
if, on the basis of a preliminary communication by the Organisation, the Commonwealth agency is satisfied that the requirements of security make it necessary to take that action as a matter of urgency pending the furnishing of an assessment by the Organisation.