Document ID: chunk:federal_register_of_legislation:C2024C00841:section:35:p3
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 35 (pt 3/3)
Character Range: 368415–370701

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 to a Commonwealth agency, State or authority of a State expressing any recommendation, opinion or advice on, or otherwise referring to, the question whether it would be consistent with the requirements of security for prescribed administrative action to be taken in respect of a person or the question whether the requirements of security make it necessary or desirable for prescribed administrative action to be taken in respect of a person, and includes any qualification or comment expressed in connection with any such recommendation, opinion or advice, being a qualification or comment that relates or that could relate to that question.
staff member of the Organisation or an intelligence or security agency means:
 (a) the agency head of the Organisation or agency; or
 (b) an employee or officer of the Organisation or agency; or
 (c) a consultant or contractor to the Organisation or agency; or
 (d) a person who is made available by an authority of the Commonwealth, authority of a State or other person to perform services for the Organisation or agency.
Tribunal means the Administrative Review Tribunal.
 (1A) A decision made under the Foreign Acquisitions and Takeovers Act 1975 or the regulations under that Act is not prescribed administrative action.
 (2) To avoid doubt, none of the following is prescribed administrative action:
 (a) a condition imposed on a person by a control order made under Division 104 of the Criminal Code (control orders);
 (b) a condition imposed on a person by an extended supervision order or interim supervision order under Division 105A of the Criminal Code (post‑sentence orders);
 (c) action covered by any of subsections 105A.7E(2) to (5) of the Criminal Code (actions relating to electronic monitoring);
 (d) a condition imposed on a person by a community safety supervision order under Division 395 of the Criminal Code (community safety orders);
 (e) action covered by any of subsections 395.17(2) to (5) of the Criminal Code (actions relating to electronic monitoring).