35Interpretation

35 Interpretation

(1) In this Part, unless the contrary intention appears:

adverse security assessment means a security assessment in respect of a person that contains:

(a) any opinion or advice, or any qualification of any opinion or advice, or any information, that is or could be prejudicial to the interests of the person; and
(b) a recommendation that prescribed administrative action be taken or not be taken in respect of the person, being a recommendation the implementation of which would be prejudicial to the interests of the person.

agency head means:

(a) the Director‑General; or
(b) the Director‑General of the Australian Secret Intelligence Service; or
(ba) the Director‑General of the Australian Signals Directorate; or
(c) the Director‑General of National Intelligence; or
(d) the Director of that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation; or
(e) the Director of that part of the Defence Department known as the Defence Intelligence Organisation.

applicant means a person who has applied to the Tribunal for a review of a security assessment.

authority of a State includes a State Minister, Department or Police Force.

Commonwealth contractor means a person performing work or rendering services, otherwise than as an employee, for the purposes of the Commonwealth or an authority of the Commonwealth, including a person performing such work or rendering such services as a sub‑contractor or as an adviser or consultant.

delayed security assessment has the meaning given by subsection 41(1).

prescribed administrative action, subject to subsections (1A) and (2), means:

(a) action that relates to or affects:
(i) access by a person to any information or place access to which is controlled or limited on security grounds; or
(ii) a person’s ability to perform an activity in relation to, or involving, a thing (other than information or a place), if that ability is controlled or limited on security grounds;
including action affecting the occupancy of any office or position under the Commonwealth or an authority of the Commonwealth or under a State or an authority of a State, or in the service of a Commonwealth contractor, the occupant of which has or may have any such access or ability; or
(b) the exercise of any power, or the performance of any function, in relation to a person under the Migration Act 1958 or the regulations under that Act; or
(c) the exercise of any power, or the performance of any function, in relation to a person under the Australian Citizenship Act 2007, the Australian Passports Act 2005 or the regulations under either of those Acts; or
(ca) the exercise of a power under Chapter 2 or 4 of the Digital ID Act 2024; or
(d) the exercise of a power under any of the following provisions of the Telecommunications Act 1997:
(i) section 58A;
(iii) clause 57A of Schedule 3A;
(iv) clause 72A of Schedule 3A; or
(e) the exercise of a power under subsection 30EF(1) or 32(2) of the Security of Critical Infrastructure Act 2018; or
(f) the exercise of a power under Part 5.2 (accreditation framework) of the Data Availability and Transparency Act 2022; or
(g) the exercise of any power, or the performance of any function, in relation to any of the following decisions under a law of the Commonwealth, a State or a Territory:
(i) a decision about whether to release a person from prison on parole or on licence;
(ii) a decision otherwise relating to the release of a person on parole or on licence (including a decision in relation to conditions or supervision);
(iii) a decision about whether to revoke a parole order or a licence mentioned in subparagraph (i); or
(h) the exercise of any power, or the performance of any function, in relation to any of the following decisions under a law of a State or Territory:
(i) a decision about whether to issue a firearms licence or a licence to work as a security guard to a person or otherwise relating to the issue of such a licence (including in relation to conditions);
(ii) a decision about whether to renew, revoke, vary or suspend a licence mentioned in subparagraph (i); or
(i) subject to subsection 36AA(1), another action prescribed by the regulations for the purposes of this paragraph.