Australian Security Intelligence Organisation Act 1979

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

A protocol made under subsection 82GB(1) must specify when the Organisation is taken to have started to consider making a security clearance decision, which may be specified differently for different classes of security clearance decisions (see subsections 82GB(3) and (4)).

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

A protocol made under subsection 82GB(1) must specify when the Organisation is taken to have started to prepare a security clearance suitability assessment, which may be specified differently for different classes of security clearance suitability assessments (see subsections 82GB(3) and (4)).

A notification under subsection (1) or (2) must:

be made within the period specified, for the purposes of subparagraph 82GB(3)(b)(i), in the protocol made under subsection 82GB(1), as in force from time to time; and

include the information specified in that protocol for the purposes of subparagraph 82GB(3)(b)(ii); and

comply with any other requirements specified in the protocol for the purposes of paragraph 82GB(3)(d).

However, subsection (1) or (2) does not apply if:

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

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

This section applies to:

a security clearance decision that the Organisation starts to consider making on or after the commencement of this section; and

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