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COMMONWEALTHAct
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s 82H

Internally reviewable decisions

In force
Part IVASecurity vetting and security clearance related activities
Division 3Review of certain security clearance decisions and prejudicial security clearance suitability assessments
Subdivision AInternal review of certain security clearance decisions

82H Internally reviewable decisions

Internally reviewable decisions

(1)

For the purposes of this Division, each of the following security clearance decisions is an internally reviewable decision:

(a)

a decision by the Organisation to deny a security clearance in respect of a person (the affected person);

(b)

a decision by the Organisation to revoke a security clearance held by a person (the affected person);

(c)

a decision by the Organisation to impose a condition, or vary a condition imposed, on a security clearance in respect of a person (the affected person) if:

(i)

in the case of a security clearance that has not yet been granted—the affected person must agree to the condition before the security clearance will be granted; or

(ii)

in the case of a security clearance that has already been granted—the affected person must agree to the condition, or the variation of the condition, otherwise the security clearance will be revoked.

Exceptions

(2)

A decision of an internal reviewer, on behalf of the Organisation, under subsection 82L(3) is not an internally reviewable decision for the purposes of this Division.

(3)

A security clearance decision in respect of a person is not an internally reviewable decision for the purposes of this Division if the person:

(a)

is engaged, or proposed to be engaged, for employment outside Australia for duties outside Australia; and

(b)

is not an Australian citizen or is not normally resident in Australia.

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