Document ID: chunk:federal_register_of_legislation:C2024C00841:section:39
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 39
Character Range: 380443–382639

39  Effect of preliminary advice by Organisation
 (1) Subject to subsections (2), (3) and (4), a Commonwealth agency shall not take, refuse to take or refrain from taking prescribed administrative action on the basis of any communication in relation to a person made by the Organisation not amounting to a security assessment or on the basis of an adverse or qualified security assessment made by the Organisation before the commencement of this Act.
 (2) Subsection (1) does not prevent a Commonwealth agency from taking action of a temporary nature to prevent:
 (a) access by a person to any information or place access to which is controlled or limited on security grounds; or
 (b) a person from performing an activity in relation to, or involving, a thing (other than information or a place), if the person's ability to perform that activity is controlled or limited on security grounds;
if, on the basis of a preliminary communication by the Organisation, the Commonwealth agency is satisfied that the requirements of security make it necessary to take that action as a matter of urgency pending the furnishing of an assessment by the Organisation.
 (3) Subsection (1) does not prevent a Commonwealth agency from taking prescribed administrative action within the meaning of paragraph (h) of the definition of prescribed administrative action in subsection 35(1) on the basis of a communication made under subsection 18(3) or 19A(4) to a staff member of the Commonwealth agency.
 (4) Subsection (1) does not prevent a Commonwealth agency from taking action that is of a temporary nature and is:
 (a) of a kind referred to in paragraph (g) or (h) of the definition of prescribed administrative action in subsection 35(1); or
 (b) of a kind:
 (i) referred to in paragraph (i) of the definition of prescribed administrative action in subsection 35(1); and
 (ii) prescribed by the regulations for the purposes of this subparagraph;
if, on the basis of a preliminary communication by the Organisation, the Commonwealth agency is satisfied that the requirements of security make it necessary to take that action as a matter of urgency pending the furnishing of an assessment by the Organisation.