Document ID: chunk:federal_register_of_legislation:C2024A00024:clause:4_82gb
Version: federal_register_of_legislation:C2024A00024
Segment Type: clause
Provision Reference: sch 4 cl 82GB
Character Range: 66043–68565

82GB  Protocol for dealing with delayed security clearance decisions and delayed security clearance suitability assessments

Requirement to make protocol
 (1) The Director‑General must make a written protocol for dealing with delayed security clearance decisions and delayed security clearance suitability assessments.
Note 1: For variation of a protocol, see subsection 33(3) of the Acts Interpretation Act 1901.
Note 2: A protocol made under this subsection may be combined with a protocol made under subsection 42(1) (protocol for dealing with delayed security assessments).
 (2) The Director‑General must consult with the Inspector‑General of Intelligence and Security before making a protocol under subsection (1).
 (3) The protocol:
 (a) must specify the following:
 (i) when the Organisation is taken to have started to consider making a security clearance decision;
 (ii) when the Organisation is taken to have started to prepare a security clearance suitability assessment; and
 (b) must specify the following in relation to the notification under section 82GA of a delayed security clearance decision or delayed security clearance suitability assessment:
 (i) the period within which the notification must be made;
 (ii) the information to be included in the notification; and
 (c) must deal with steps to be taken by the Organisation in relation to the delayed security clearance decision or delayed security clearance suitability assessment after the notification referred to in paragraph (b) is made; and
 (d) may specify other requirements, or deal with any other matters, that:
 (i) relate to a delayed security clearance decision or delayed security clearance suitability assessment, or the notification of the decision or suitability assessment under section 82GA; and
 (ii) the Director‑General considers appropriate.
 (4) Without limiting subsection (1), the protocol may provide differently for different classes of security clearance decisions or security clearance suitability assessments.
 (5) A protocol made under subsection (1) is not a legislative instrument.

Requirement to comply with protocol
 (6) The Organisation must, in relation to a delayed security clearance decision or delayed security clearance suitability assessment to which subsection 82GA(1) or (2) applies, comply with a protocol made under subsection (1) of this section, as in force from time to time.

[Minister's second reading speech made in—
House of Representatives on 30 November 2023
Senate on 15 May 2024]
(152/23)