Document ID: chunk:federal_register_of_legislation:C2024C00841:section:35:p2
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 35 (pt 2/3)
Character Range: 365989–368675

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 any of the following provisions of the Telecommunications Act 1997:
 (i) section 58A;
 (ii) subsection 315A(1) or 315B(2);
 (iii) clause 57A of Schedule 3A;
 (iv) clause 72A of Schedule 3A; or
 (e) the exercise of a power under subsection 32(2) of the Security of Critical Infrastructure Act 2018; or
 (f) the exercise of a power under Part 5.2 (accreditation framework) of the Data Availability and Transparency Act 2022; or
 (g) the exercise of any power, or the performance of any function, in relation to any of the following decisions under a law of the Commonwealth, a State or a Territory:
 (i) a decision about whether to release a person from prison on parole or on licence;
 (ii) a decision otherwise relating to the release of a person on parole or on licence (including a decision in relation to conditions or supervision);
 (iii) a decision about whether to revoke a parole order or a licence mentioned in subparagraph (i); or
 (h) the exercise of any power, or the performance of any function, in relation to any of the following decisions under a law of a State or Territory:
 (i) a decision about whether to issue a firearms licence or a licence to work as a security guard to a person or otherwise relating to the issue of such a licence (including in relation to conditions);
 (ii) a decision about whether to revoke a licence mentioned in subparagraph (i); or
 (i) subject to subsection 36AA(1), another action prescribed by the regulations for the purposes of this paragraph.
Note: A condition imposed by a control order is not prescribed administrative action (see subsection (2)). A decision made under the Foreign Acquisitions and Takeovers Act 1975 or the regulations under that Act is also not prescribed administrative action (see subsection (1A)).
qualified security assessment means a security assessment in respect of a person that:
 (a) contains 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) does not contain a recommendation of the kind referred to in paragraph (b) of the definition of adverse security assessment;
whether or not the matters contained in the assessment would, by themselves, justify prescribed administrative action being taken or not being taken in respect of the person to the prejudice of the interests of the person.
security assessment or assessment means a statement in writing furnished by the Organisation