Document ID: chunk:federal_register_of_legislation:C2024A00100:clause:7_5
Version: federal_register_of_legislation:C2024A00100
Segment Type: clause
Provision Reference: sch 7 cl 5
Character Range: 72003–74521

5  Application provision—confirmation of application of section 38 of the Australian Security Intelligence Organisation Act 1979 to certain critical infrastructure or telecommunications assessments
(1) The object of this item is to confirm the application of section 38 of the Australian Security Intelligence Organisation Act 1979 in relation to an adverse or qualified security assessment (a relevant assessment) that was furnished:
 (a) by the Organisation:
 (i) in connection with section 58A, 315A or 315B of, or clause 57A or 72A of Schedule 3A to, the Telecommunications Act 1997; or
 (ii) for the purposes of section 32 of the Security of Critical Infrastructure Act 2018; and
 (b) at a time before the commencement of this Schedule; and
 (c) to a Minister who, at that time, was not the ASIO Minister.
(2) A notice given, or purportedly given, by a Commonwealth agency for the purposes of subsection 38(1) of the Australian Security Intelligence Organisation Act 1979 in relation to a relevant assessment is taken for all purposes to have been, and to always have been, given under that subsection.
(3) A certificate issued, or purportedly issued, by the ASIO Minister for the purposes of subsection 38(2) of the Australian Security Intelligence Organisation Act 1979 in relation to a relevant assessment is taken for all purposes to have been, and to always have been, issued under that subsection.
(4) To avoid doubt, anything done, or anything purported to have been done, by a person that would have been wholly or partly invalid except for subitem (2) or (3) is taken for all purposes to be valid and to have always been valid, despite any effect that may have on the accrued rights of any person.
(5) For the purposes of applying this item in relation to civil or criminal proceedings, this item applies in relation to:
 (a) civil and criminal proceedings instituted on or after the commencement of this Schedule; and
 (b) civil and criminal proceedings instituted before commencement, being proceedings that are concluded:
 (i) before the commencement of this Schedule; or
 (ii) on or after the commencement of this Schedule.
(6) In this item:
ASIO Minister means the Minister administering Part II of the Australian Security Intelligence Organisation Act 1979.
do a thing includes:
 (a) make a decision (however described); and
 (b) exercise a power, perform a function, comply with an obligation or discharge a duty; and
 (c) do anything else;
and purport to do a thing has a corresponding meaning.