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COMMONWEALTHAct
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s 41

Notification of delayed security assessment

In force
Part IVSecurity assessments
Division 2Furnishing of security assessments

41 Notification of delayed security assessment

Notification of delayed security assessment

(1)

If a security assessment is not furnished under this Part within 12 months after the Organisation starts to prepare the assessment (the delayed security assessment), the Director‑General must cause the Inspector‑General of Intelligence and Security to be notified of the delayed security assessment.

Note:

A protocol made under subsection 42(1) must specify when the Organisation is taken to have started to prepare a security assessment, which may be specified differently for different classes of security assessments (see subsections 42(3) and (4)).

(2)

The notification must:

(a)

be made within the period specified, for the purposes of subparagraph 42(3)(b)(i), in the protocol made under subsection 42(1), as in force from time to time; and

(b)

include the information specified in that protocol for the purposes of subparagraph 42(3)(b)(ii); and

(c)

comply with any other requirements specified in the protocol for the purposes of paragraph 42(3)(d).

Exceptions to requirement to notify

(3)

However, subsection (1) does not apply if:

(a)

the Organisation has been notified that the security assessment is no longer required; or

(b)

the Organisation initiated the preparation of the security assessment without a request for the assessment being made by another Commonwealth agency, a State or an authority of a State.

Application of this section

(4)

This section applies to a security assessment that the Organisation starts to prepare on or after the commencement of this section.

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