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COMMONWEALTHAct
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s 82E

Communications by Organisation to another Commonwealth security vetting agency

In force
Part IVASecurity vetting and security clearance related activities
Division 2Security vetting and security clearance related decisions

82E Communications by Organisation to another Commonwealth security vetting agency

(1)

This section applies in relation to a communication by the Organisation to another security vetting agency that is an authority of the Commonwealth (a Commonwealth security vetting agency).

(2)

A Commonwealth security vetting agency must not make, refuse to make or refrain from making a security clearance decision in respect of a person on the basis of any communication in relation to the person made by the Organisation not amounting to a security clearance suitability assessment.

(3)

Subsection (2) does not prevent a Commonwealth security vetting agency from making a security clearance decision to temporarily:

(a)

suspend a security clearance, or revoke a suspension of a security clearance, held by a person; or

(b)

impose a condition, or vary a condition imposed, on a security clearance in respect of a person;

in the circumstances referred to in subsection (4).

(4)

The circumstances are that:

(a)

the Organisation makes a communication to the Commonwealth security vetting agency pending the furnishing of a security clearance suitability assessment in respect of the person; and

(b)

the Commonwealth security vetting agency is satisfied, on the basis of that communication, that the requirements of security make it necessary as a matter of urgency to make the security clearance decision pending the furnishing of the security clearance suitability assessment.

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