Don Farrell (SA, Australian Labor Party, Shadow Minister for the Centenary of ANZAC) Share this | Hansard source

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

  Add:

201A 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 a zone:

  (a) section 105;

  (b) section 109;

  (c) section 113;

  (d) section 113D;

  (e) section 113F.

(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).

I do not think I need to say anything more, but I would ask the government, in light of the previous vote, to reconsider their position and perhaps accept that they have misread the situation. They should now reconsider their opposition and support our amendments.