Document ID: chunk:federal_register_of_legislation:C2024C00841:section:42
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 42
Character Range: 387649–389548

42  Protocol for dealing with delayed security assessments

Requirement to make protocol
 (1) The Director‑General must make a written protocol for dealing with delayed security 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 82GB(1) (protocol for dealing with delayed security clearance decisions and delayed security clearance suitability 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 when the Organisation is taken to have started to prepare a security assessment; and
 (b) must specify the following in relation to the notification of a delayed security assessment under section 41:
 (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 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 assessment or the notification of the assessment under section 41; and
 (ii) the Director‑General considers appropriate.
 (4) Without limiting subsection (1), the protocol may provide differently for different classes of security 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 assessment to which subsection 41(1) applies, comply with a protocol made under subsection (1) of this section, as in force from time to time.

Division 4—Review of security assessments