2013‑2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Security Intelligence Organisation Amendment (Restoring Merits Review) Bill 2014
No. , 2014
(Mr Wilkie)
A Bill for an Act to restore access to the Administrative Appeals Tribunal for asylum seekers with adverse security assessments, and for related purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedules............................................................................................ 2
Schedule 1—Amendments 3
Australian Security Intelligence Organisation Act 1979 3
A Bill for an Act to restore access to the Administrative Appeals Tribunal for asylum seekers with adverse security assessments, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Australian Security Intelligence Organisation Amendment (Restoring Merits Review) Act 2014.
2 Commencement
This Act commences on the day after this Act receives the Royal Assent.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments
Australian Security Intelligence Organisation Act 1979
1 Subsection 35(1) (paragraph (b) of the definition of prescribed administrative action)
Repeal the paragraph.
2 Paragraph 36(b)
Repeal the paragraph.
3 Subsection 37(3)
Omit “The”, substitute “Subject to subsection (3A), the”.
4 After subsection 37(3)
Insert:
(3A) Regulations under subsection (3) may not prescribe matters in relation to assessments of a particular class if the class is defined by reference to, or could include assessments of, persons seeking asylum in Australia.
5 Subsection 54(2)
Omit “(other than a review of a security assessment made for the purposes of subsection 202(1) of the Migration Act 1958)”.