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A Bill for an Act to amend the law relating to the review of security assessments, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 17 Oct 2012
Introduced Senate 10 Oct 2012
Table of contents.

 

2010‑2011‑2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Migration and Security Legislation Amendment (Review of Security Assessments) Bill 2012

 

No.      , 2012

 

(Senator Hanson‑Young)

 

 

 

A Bill for an Act to amend the law relating to the review of security assessments, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Review of security assessments                                                         3

Part 1—Amendments                                                                                                    3

Administrative Appeals Tribunal Act 1975                                                            3

Australian Security Intelligence Organisation Act 1979                                  13

Migration Act 1958                                                                                                   16

Part 2—Application of amendments                                                                   20

 


A Bill for an Act to amend the law relating to the review of security assessments, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Migration and Security Legislation Amendment (Review of Security Assessments) Act 2012.

2  Commencement

                   This Act commences on the day this Act receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Review of security assessments

Part 1Amendments

Administrative Appeals Tribunal Act 1975

1  Subsection 3(1)

Insert:

special advocate for a proceeding means a person for whom an appointment under subsection 39C(1) as a special advocate for the proceeding is in force.

2  Subparagraphs 29(1)(ca)(i) and (ii)

Repeal the subparagraphs, substitute:

                              (i)  a statement indicating any part or parts of the assessment of which the applicant is aware with which the applicant does not agree; and

                             (ii)  a statement setting out the grounds on which the application is made; and

3  Subsection 38A(1)

Omit “paragraph 38(2)(b)”, substitute “subsection 38(2)”.

4  Subsection 39A(2)

Omit all the words after “but”, substitute “the following are entitled to adduce evidence and make submissions:

                     (a)  the Commonwealth agency to which the assessment is given;

                     (b)  any special advocate for the proceeding”.

5  Subsection 39A(4)

After “either or both of the parties”, insert “, or a special advocate for the proceeding,”.

6  Subsections 39A(6) and (7)

Repeal the subsections, substitute:

Right of parties etc. to be present

             (6)  The following may be present when the Tribunal is hearing submissions made or evidence adduced by the Director‑General of Security or the Commonwealth agency to which the assessment was given:

                     (a)  subject to subsection (9)—the applicant and a person representing the applicant;

                     (b)  any special advocate for the proceeding.

Note:          Under subsection (9), the applicant and the person representing the applicant may be prevented from being present when evidence is adduced or submissions are made if a certificate is given under subsection (8) (disclosure contrary to the public interest because of prejudice to security or the defence of Australia).

             (7)  The following may be present when the Tribunal is hearing submissions made or evidence adduced by the applicant:

                     (a)  the Director‑General of Security or a person representing the Director‑General;

                     (b)  a person representing the Commonwealth agency to which the assessment was given;

                     (c)  any special advocate for the proceeding.

          (7A)  The following may be present when the Tribunal is hearing submissions made or evidence adduced by a special advocate for the proceeding:

                     (a)  the Director‑General of Security or a person representing the Director‑General;

                     (b)  a person representing the Commonwealth agency to which the assessment was given.

7  After subsection 39A(13)

Insert:

        (13A)  The Tribunal must next permit any special advocate for the proceeding to adduce evidence before, and make submissions to, the Tribunal.

8  Paragraph 39A(16)(a)

Omit “presents his or her case to the Tribunal”, substitute “or a special advocate for the proceeding adduces evidence before, or makes submissions to, the Tribunal”.

9  Paragraphs 39A(16)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  after that evidence is adduced or those submissions are made, a person other than the person mentioned in paragraph (a) adduces evidence; and

                     (c)  the Tribunal thinks that, because of the evidence mentioned in paragraph (b), the person mentioned in paragraph (a) should be further heard;

10  Subsection 39A(16)

Omit “the first‑mentioned party”, substitute “the person mentioned in paragraph (a)”.

11  Subsection 39B(4)

After “representative”, insert “, or to a special advocate for the proceeding,”.

12  Subsection 39B(11)

After “person”, insert “(other than a person mentioned in subsection (4))”.

13  After section 39B

Insert:

39C  Special advocate—general

Appointment of special advocate

             (1)  The presidential member who is to preside, or is presiding, at a hearing of a proceeding in the Security Appeals Division to which section 39A applies must, on request by the applicant, appoint a person as a special advocate for the proceeding if:

                     (a)  a certificate under subsection 38(2) of the Australian Security Intelligence Organisation Act 1979 in relation to the security assessment has been lodged under subsection 38A(1) of this Act; or

                     (b)  the Minister administering the Australian Security Intelligence Organisation Act 1979 has given a certificate under subsection 39A(8) of this Act in connection with the proceeding and has not consented to a person representing the applicant being present when:

                              (i)  evidence to which the certificate relates is adduced; or

                             (ii)  submissions to which the certificate relates are made; or

                     (c)  the Attorney‑General has certified under subsection 39B(2) of this Act in connection with the proceeding that the disclosure of information with respect to a matter stated in the certificate, or the disclosure of the contents of a document, would be contrary to the public interest on the ground referred to in paragraph 39B(2)(a) (prejudice to security or the defence or international relations of Australia).

             (2)  The applicant need not consent to the person appointed.

Function of special advocate

             (3)  The special advocate’s function is to protect the interests of the applicant before the Tribunal when:

                     (a)  the applicant has not been given a copy of the whole of the assessment or any other information that is before the Tribunal; or

                     (b)  evidence is adduced, or submissions are made, in the absence of the applicant or the applicant’s representative.

             (4)  However, the special advocate is taken not to be a representative of the applicant for the purposes of this Act.

Powers of special advocate

             (5)  The special advocate for a proceeding may:

                     (a)  inspect any documents to which the Tribunal proposes to have regard in reaching a decision in the proceeding; and

                     (b)  make oral and written submissions with respect to the documents referred to in paragraph (a), the assessment, and any other information, evidence or submissions to which the certificate mentioned in subsection (1) relates; and

                     (c)  participate in, and cross‑examine witnesses who testify during, any part of the proceeding when the applicant or the applicant’s representative is not entitled to be present.

             (6)  The following provisions of this Act apply in relation to a proceeding as if a reference in that provision to a party included a reference to any special advocate for the proceeding:

                     (a)  subsection 33(2A) (types of directions);

                     (b)  paragraph 40(1)(b) (proceeding in absence of party where reasonable notice has been given);

                     (c)  subsection 40(1D) (inspecting document produced under summons).

Qualifications for appointment as special advocate

             (7)  A person may only be appointed as a special advocate for a proceeding if the presidential member is satisfied that:

                     (a)  the person is enrolled as a legal practitioner (however described) of the High Court or of the Supreme Court of a State or Territory, and has been so enrolled for not less than 5 years; and

                     (b)  the person has appropriate knowledge and experience to perform the functions, and exercise the powers, of a special advocate for the proceeding; and

                     (c)  the Secretary of the Department responsible for administering the Australian Security Intelligence Organisation Act 1979 has notified the Tribunal, in writing, that the Secretary is satisfied the person holds an appropriate security clearance; and

                     (d)  the person consents to the appointment.

             (8)  The Secretary of the Department responsible for administering the Australian Security Intelligence Organisation Act 1979 must establish, maintain, and make publicly available, a list of persons whom the Secretary believes:

                     (a)  satisfy the conditions mentioned in paragraphs (7)(a) and (b); and

                     (b)  hold an appropriate security clearance; and

                     (c)  consent to be included on the list.

Immunity for special advocate

             (9)  A special advocate for a proceeding is not liable to any civil action, suit or proceeding in relation to anything done, or omitted to be done, in good faith in the performance or purported performance of a function or duty, or the exercise or purported exercise of a power, in connection with the proceeding.

Remuneration and allowances for special advocate

           (10)  The Commonwealth must pay a special advocate for a proceeding the remuneration and allowances prescribed by the regulations. Payments under this subsection are to be made from money appropriated by the Parliament for the purposes of this subsection.

Note:          This subsection does not itself expressly or impliedly effect an appropriation of the Consolidated Revenue Fund.

Termination of appointment as special advocate

           (11)  The presidential member who is to preside, or is presiding, at a hearing of a proceeding:

                     (a)  must terminate a person’s appointment as a special advocate for the proceeding if:

                              (i)  the applicant requests the presidential member to do so; or

                             (ii)  the person is no longer enrolled as a legal practitioner as mentioned in paragraph (7)(a); or

                            (iii)  the Secretary of the Department responsible for administering the Australian Security Intelligence Organisation Act 1979 has notified the Tribunal, in writing, that the Secretary is no longer satisfied that the person holds an appropriate security clearance; or

                            (iv)  the presidential member is satisfied that it is in the interests of justice to do so (whether or not on request by the applicant); and

                     (b)  if the appointment is terminated under subparagraph (a)(i)—must not appoint another person as a special advocate for the proceeding; and

                     (c)  if the appointment is terminated under subparagraph (a)(ii), (iii) or (iv)—must appoint another person as a special advocate for the proceeding in accordance with this section.

39D  Special advocate—disclosing information and communicating with other people

Information to be disclosed to special advocate

             (1)  The Director‑General of Security must, on a day that is no earlier than 29 days after the day a special advocate is appointed for a proceeding, give the following to the special advocate:

                     (a)  a copy of the whole of the security assessment;

                     (b)  a copy of any certificate relating to the security assessment or the proceeding referred to in subsection 39C(1);

                     (c)  a copy of any information relied on in making the security assessment;

                     (d)  a copy of any information provided to the Tribunal by the Director‑General of Security for the purposes of the proceeding;

                     (e)  a copy of any evidence adduced, or written submission made, in the proceeding by the Director‑General or the Commonwealth agency to which the assessment was given.

Special advocate communicating about proceeding—must be authorised

             (2)  A special advocate for a proceeding must not communicate about the proceeding with any other person except:

                     (a)  as authorised by subsection (3) or (4); or

                     (b)  as authorised by the presidential member who is to preside, or is presiding, at a hearing of the proceeding in accordance with subsection (5).

Special advocate communicating with applicant—authorisation by presidential member not required

             (3)  The special advocate may communicate about the proceeding with the applicant or the applicant’s representative, without authorisation by the presidential member:

                     (a)  on an unlimited basis until the special advocate receives the information mentioned in subsection (1); and

                     (b)  after that, only for the purposes of acknowledging receipt of a communication mentioned in paragraph (10)(a).

Special advocate communicating with other persons—authorisation by presidential member not required

             (4)  The special advocate may communicate about the proceeding, without authorisation by the presidential member, with:

                     (a)  the Tribunal; and

                     (b)  the Director‑General of Security, or any person representing the Director‑General of Security; and

                     (c)  any other person (other than the applicant and his or her representative) with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceeding.

Special advocate communicating about proceeding—authorisation by presidential member required

             (5)  The presidential member who is to preside, or is presiding, at a hearing of the proceeding may authorise the special advocate to communicate with the applicant, or his or her representative, or any other person, if:

                     (a)  the special advocate requests the presidential member to do so; and

                     (b)  the request sets out the proposed communication and the proposed form of the communication; and

                     (c)  the presidential member gives the Director‑General of Security and the Attorney‑General written notice of the request; and

                     (d)  the Attorney‑General does not certify under subsection (6) that the communication would be contrary to the public interest for a reason referred to in paragraph (6)(a) or (b).

Attorney‑General certificate—communication contrary to public interest

             (6)  The Attorney‑General may certify, by signed writing, that a proposed communication referred to in subsection (5) would be contrary to the public interest:

                     (a)  because it would prejudice security or the defence or international relations of Australia; or

                     (b)  because it would involve the disclosure of deliberations or decisions of the Cabinet or a Committee of the Cabinet or of the Executive Council; or

                     (c)  for any other reason stated in the certificate that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the content of the communication should not be disclosed.

             (7)  If the Attorney‑General is proposing to certify in accordance with subsection (6), the Attorney‑General must give the special advocate:

                     (a)  written notice of the grounds for the proposed certificate; and

                     (b)  a reasonable opportunity to make submissions to the Attorney‑General in relation to the proposed certificate.

             (8)  If:

                     (a)  the Attorney‑General has certified in accordance with subsection (6) that a proposed communication would be contrary to the public interest, but the certificate does not state a reason referred to in paragraph (6)(a) or (b); and

                     (b)  the presidential member presiding is satisfied that the interests of justice outweigh the reason stated by the Attorney‑General;

the presidential member may authorise the proposed communication under subsection (5).

             (9)  However, in considering whether to authorise a proposed communication as mentioned in subsection (8):

                     (a)  the presidential member must take as the basis of his or her consideration the principle that it is desirable, in the interest of ensuring that the Tribunal performs its functions effectively, that the special advocate be able to communicate with the applicant; but

                     (b)  the presidential member must pay due regard to any reason stated by the Attorney‑General in the certificate as a reason why the proposed communication would be contrary to the public interest.

Communication by applicant with special advocate

           (10)  Subsection (2) does not prevent the applicant or the applicant’s representative from communicating with the special advocate, however, after the special advocate receives the information mentioned in subsection (1):

                     (a)  the applicant and the applicant’s representative may only communicate with the special advocate in writing; and

                     (b)  the special advocate must not reply to the communication other than for the purposes of acknowledging receipt of a communication.

Offence for unauthorised disclosure, use or recording of information by special advocate

           (11)  A person commits an offence if:

                     (a)  the person is, or has been, a special advocate for a proceeding; and

                     (b)  the person directly or indirectly communicates, discloses, records or uses information or a document; and

                     (c)  the person obtained the information or document by reason of the person’s appointment as a special advocate for a proceeding; and

                     (d)  in relation to a communication or disclosure of information or a document—the communication or disclosure is not:

                              (i)  authorised under subsection (3), (4) or (5); or

                             (ii)  a communication or disclosure in the course of the special advocate making submissions, or adducing evidence, in the proceeding before the Tribunal; and

                     (e)  in relation to a use or recording of information or a document—the use is not in connection with the performance of a function or duty, or the exercise of a power, by the person as a special advocate under this Act.

Penalty:  Imprisonment for 2 years.

Disclosure by special advocate of information in court etc. proceedings

           (12)  A person who is, or has been, a special advocate for a proceeding is not competent, and cannot be compelled, to disclose any document or other information obtained by reason of the person’s appointment as a special advocate, in any proceeding:

                     (a)  before a court (whether exercising federal jurisdiction or not); or

                     (b)  before a person authorised by a law of the Commonwealth or a State or Territory, or by consent of the parties, to hear, receive and examine evidence.

Australian Security Intelligence Organisation Act 1979

14  Subsection 35(1)

Insert:

eligible protection visa person means a person who:

                     (a)  satisfies the criterion in paragraph 36(2)(a), (aa), (b) or (c) of the Migration Act 1958; and

                     (b)  is in immigration detention for the purposes of that Act.

15  Subsection 35(1)

Insert:

Immigration Minister means the Minister administering the Migration Act 1958.

16  Section 36

Before “This Part”, insert “(1)”.

17  At the end of paragraph 36(b)

Add:

                            (iv)  an eligible protection visa person, if subsection (2) applies in respect of the assessment; or

18  At the end of section 36

Add:

             (2)  This subsection applies in respect of a security assessment if the prescribed administrative action to which the assessment relates involves a decision, for the purposes of the Migration Act 1958 or regulations made under it, as to whether:

                     (a)  to take or refuse to take any action necessary for an eligible protection visa person to make a valid application for a protection visa under that Act; or

                     (b)  to grant or refuse to grant a protection visa to an eligible protection visa person; or

                     (c)  to cancel a protection visa that has been granted to an eligible protection visa person.

19  Paragraph 38(2)(a)

Omit “notice to a person of the making of a security assessment in respect of the person”, substitute “the copy of the assessment in respect of the person referred to in subsection (1)”.

20  Subsection 38(4)

Repeal the subsection, substitute:

             (4)  In the case of a security assessment in relation to which a certificate certifying in accordance with paragraph (2)(a) has been given, the copy of the assessment must not be attached to a notice under subsection (1).

21  After section 40

Insert:

Division 3Internal review of certain security assessments

50  Internal review—assessments relating to protection visas

             (1)  The Director‑General must, in accordance with this section, review an adverse security assessment, or a qualified security assessment, furnished to the Immigration Minister, or the Department administered by that Minister, if:

                     (a)  the assessment is in respect of an eligible protection visa person; and

                     (b)  the prescribed administrative action to which the assessment relates involves a decision, for the purposes of the Migration Act 1958 or regulations made under it, as to whether:

                              (i)  to take or refuse to take any action necessary for the person to make a valid application for a protection visa under that Act; or

                             (ii)  to grant or refuse to grant a protection visa to the person; or

                            (iii)  to cancel a protection visa that has been granted to the person.

Time for conducting review

             (2)  The assessment must be reviewed within 6 months after it is:

                     (a)  furnished as mentioned in subsection (1); or

                     (b)  affirmed under paragraph (5)(a); or

                     (c)  varied under paragraph (5)(b); or

                     (d)  made under paragraph (5)(c) in substitution for another assessment that has been set aside.

             (3)  However, the Director‑General is not required to review the assessment if the person is no longer an eligible protection visa person at the end of the 6 month period mentioned in subsection (2).

Conduct of review

             (4)  Section 37 (and regulations made under it) applies in relation to the review of an assessment under this section in the same way as it applies in relation to the making of an assessment.

Note:          This means, for example, that matters that must be taken into account under subsection 37(3) in making an assessment must also be taken into account in reviewing the assessment.

Action to be taken on review

             (5)  After reviewing the assessment, the Director‑General must take one of the following actions:

                     (a)  affirm the assessment;

                     (b)  vary the assessment;

                     (c)  both:

                              (i)  set aside the assessment; and

                             (ii)  make a new assessment in respect of the person in substitution for the assessment set aside.

             (6)  The Director‑General must, by written notice, inform the Immigration Minister of the action taken under subsection (5) in relation to the assessment, and furnish to the Immigration Minister:

                     (a)  if the assessment is varied under paragraph (5)(b)—the varied assessment; and

                     (b)  if the assessment is set aside, and a new assessment is made, under paragraph (5)(c)—the new assessment.

Effect of review by Tribunal

             (7)  The Director‑General must review the assessment under this section even if an application has been made to the Tribunal under Division 4 of this Part for review of:

                     (a)  the assessment; or

                     (b)  the Tribunal’s findings in relation to the assessment.

22  Division 4 of Part IV (heading)

Repeal the heading, substitute:

Division 4Review of security assessments by Tribunal

Migration Act 1958

23  At the end of section 197AB

Add:

             (4)  In deciding whether it is in the public interest to make a residence determination covering a person in respect of whom a qualified security assessment or an adverse security assessment has been furnished under the Australian Security Intelligence Organisation Act 1979, the Minister must have regard to:

                     (a)  whether any threat to security (within the meaning of that Act) posed by the person can be addressed at a place specified in a residence determination; and

                     (b)  any other matters that the Minister considers relevant.

24  At the end of section 197AD

Add:

             (4)  In deciding whether it is in the public interest to vary or revoke a residence determination covering a person in respect of whom a qualified security assessment or an adverse security assessment has been furnished under the Australian Security Intelligence Organisation Act 1979, the Minister must have regard to:

                     (a)  whether any threat to security (within the meaning of that Act) posed by the person can be addressed at a place specified in a residence determination; and

                     (b)  any other matters that the Minister considers relevant.

25  After section 501K

Insert:

501L  Review of protection visa decision if security assessment changed

             (1)  This section applies if:

                     (a)  a person satisfies the criterion in paragraph 36(2)(a), (aa), (b) or (c); and

                     (b)  the person is in immigration detention; and

                     (c)  a decision (the original decision) has been made for the purposes of this Act or the regulations:

                              (i)  to refuse to take an action necessary for the person to make a valid application for a protection visa; or

                             (ii)  to refuse to grant a protection visa to the person; or

                            (iii)  to cancel a protection visa that has been granted to the person; and

                     (d)  an assessment (the original assessment) that is a qualified security assessment or an adverse security assessment (within the meaning of Part IV of the Australian Security Intelligence Organisation Act 1979) has been furnished to the Minister for the purposes of the original decision; and

                     (e)  the Minister receives either of the following:

                              (i)  notice under subsection 50(6) of the Australian Security Intelligence Organisation Act 1979 that the Director‑General of Security has varied the original assessment, or made a new security assessment in respect of the person in substitution for the original assessment;

                             (ii)  a copy of findings by the Administrative Appeals Tribunal given under subsection 43AAA(4) of the Administrative Appeals Tribunal Act 1975 that to any extent supersede the original assessment (under section 61 of the Australian Security Intelligence Organisation Act 1979).

             (2)  The Minister must the review the original decision and either:

                     (a)  affirm the original decision; or

                     (b)  both:

                              (i)  revoke the original decision; and

                             (ii)  if the original decision was to refuse to grant a protection visa to the person—grant a protection visa to the person.

             (3)  If the Minister revokes the original decision, the original decision is taken not to have been made. This subsection has effect subject to subsection (4).

             (4)  Any detention of the person that occurred during any part of the period:

                     (a)  beginning when the original decision was made; and

                     (b)  ending at the time of the revocation of the original decision;

is lawful.

             (5)  When the Minister makes the decision under subsection (2), he or she is to notify the person of the decision in the same way as he or she was required, under this Act, to notify the person of the original decision.

             (6)  The decision made under subsection (2) is reviewable under this Act in the same way, and subject to the same conditions, as the original decision.


 

Part 2Application of amendments

26  Application of amendments—review of qualified or adverse security assessments

Security assessments furnished after commencement

(1)       Part IV of the Australian Security Intelligence Organisation Act 1979, as in force on and after the commencement of this item, applies to and in relation to a security assessment furnished on or after that commencement.

Security assessments furnished before commencement for eligible protection visa persons—general

(2)       Part IV of the Australian Security Intelligence Organisation Act 1979, as in force on and after the commencement of this item, applies, with the modifications set out in subitems (3) and (4), to and in relation to a security assessment furnished before that commencement if:

                     (a)  the assessment is in respect of a person who is an eligible protection visa person at that commencement; and

                     (b)  subsection 36(2) of that Act applies in relation to the assessment.

Security assessments furnished before commencement for eligible protection visa persons—notice of assessment

(3)       If a certificate has been issued in accordance with paragraph 38(2)(a) of the Australian Security Intelligence Organisation Act 1979 before the commencement of this item in relation to a security assessment covered by subitem (2), then:

                     (a)  despite subitem (2), section 38 of that Act, as in force immediately before that commencement, continues to apply in relation to the assessment; but

                     (b)  the following subparagraphs have effect:

                              (i)  the Minister responsible for administering the Migration Act 1958 must give the person, within 14 days after that commencement, notice of the assessment (without attaching a copy of the assessment, or any part of it);

                             (ii)  the notice must contain information, in the form prescribed for the purposes of subsection 38(1) of the Australian Security Intelligence Organisation Act 1979, concerning the person’s right to apply to the Administrative Appeals Tribunal under Part IV of that Act;

                            (iii)  the person is taken to have been given notice of the assessment in accordance with Part IV of that Act.

Security assessments furnished before commencement for eligible protection visa persons—6 monthly internal review

(4)       Despite paragraph 50(2)(a) of the Australian Security Intelligence Organisation Act 1979 (as that paragraph applies under subitem (2)), an adverse security assessment, or a qualified security assessment, that is furnished before the commencement of this item, must be reviewed within 6 months after the commencement of this item.

27  Saving of certificates

To avoid doubt, a certificate issued under subsection 38(2) of the Australian Security Intelligence Organisation Act 1979 that is in force immediately before the commencement of this item continues in force on and after that commencement as if issued under that subsection as in force at and after that commencement.

28  Application of amendments—special advocates

Subsection 39C(1) of the Administrative Appeals Tribunal Act 1975, as in force on and after the commencement of this item, applies in relation to a review of a security assessment where:

                     (a)  a certificate is lodged, as mentioned in paragraph (a) of that subsection, at or after that commencement; or

                     (b)  a certificate is given, as mentioned in paragraph (b) of that subsection, at or after that commencement; or

                     (c)  the Attorney‑General certifies, as mentioned in paragraph (c) of that subsection, at or after that commencement.