Division
Don Farrell by leave—I move opposition amendments (7) and (12) on sheet 8060 together: (7) Schedule 1, page 4 (after line 17), after item 4, insert: 4A At the end of Part 9 Add: 126A Review of decisions relating to security checking under the regulations (1) This section applies if regulations are made, under any of the following sections, dealing with the security checking (including background checking) of persons who have access to an area or zone: (a) section 35; (b) section 36; (c) section 36A; (d) section 37; (e) section 38; (f) section 38A; (g) section 38AB. (2) The regulations must include provisions allowing a person in relation to whom a security check is carried out to seek: (a) reconsideration by the Secretary or the Secretary AGD of a decision in relation to a security identification card; and (b) review by the Secretary or the Secretary AGD of a decision in relation to a security identification card; and (c) review by the Administrative Appeals Tribunal of a decision by the Secretary or the Secretary AGD on review of a decision in relation to a security identification card. (3) To avoid doubt, nothing in this section permits: (a) the Secretary or the Secretary AGD to review an adverse security assessment or a qualified security assessment; or (b) the Administrative Appeals Tribunal to review an adverse security assessment or a qualified security assessment other than in accordance with the provisions of the _Australian Security Intelligence Organisation Act 1979_ and the _Administrative Appeals Tribunal Act 1975_. (4) In this section: _ adverse security assessment_ and _qualified security assessment_ have the same meanings as in the _Australian Security Intelligence Organisation Act 1979_. _ Secretary AGD_ means the Secretary who is responsible for administering the scheme prescribed for the purposes of section 8 of the _AusCheck Act 2007_ (the AusCheck scheme). (12) Schedule 1, page 6 (after line 19), after item 12, insert: 12A At the end of Part 12 A
Senate, 2017-03-27. affirmative: ayes 31, noes 28.
Question
Don Farrell by leave—I move opposition amendments (7) and (12) on sheet 8060 together: (7) Schedule 1, page 4 (after line 17), after item 4, insert: 4A At the end of Part 9 Add: 126A Review of decisions relating to security checking under the regulations (1) This section applies if regulations are made, under any of the following sections, dealing with the security checking (including background checking) of persons who have access to an area or zone: (a) section 35; (b) section 36; (c) section 36A; (d) section 37; (e) section 38; (f) section 38A; (g) section 38AB. (2) The regulations must include provisions allowing a person in relation to whom a security check is carried out to seek: (a) reconsideration by the Secretary or the Secretary AGD of a decision in relation to a security identification card; and (b) review by the Secretary or the Secretary AGD of a decision in relation to a security identification card; and (c) review by the Administrative Appeals Tribunal of a decision by the Secretary or the Secretary AGD on review of a decision in relation to a security identification card. (3) To avoid doubt, nothing in this section permits: (a) the Secretary or the Secretary AGD to review an adverse security assessment or a qualified security assessment; or (b) the Administrative Appeals Tribunal to review an adverse security assessment or a qualified security assessment other than in accordance with the provisions of the _Australian Security Intelligence Organisation Act 1979_ and the _Administrative Appeals Tribunal Act 1975_. (4) In this section: _ adverse security assessment_ and _qualified security assessment_ have the same meanings as in the _Australian Security Intelligence Organisation Act 1979_. _ Secretary AGD_ means the Secretary who is responsible for administering the scheme prescribed for the purposes of section 8 of the _AusCheck Act 2007_ (the AusCheck scheme). (12) Schedule 1, page 6 (after line 19), after item 12, insert: 12A At the end of Part 12 A
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