36Part not to apply to certain assessments

#### 36 Part not to apply to certain assessments (1) This Part (other than sections 35, 41 and 42 and subsections 37(1), (3) and (4)) does not apply to or in relation to: (a) a security assessment in relation to the employment, by engagement outside Australia for duties outside Australia, of a person who is not an Australian citizen or is not normally resident in Australia; or (b) a security assessment in relation to action of a kind referred to in paragraph (b) of the definition of prescribed administrative action in section 35 (other than an assessment made for the purposes of subsection 202(1) of the Migration Act 1958) in respect of a person who is not: (i) an Australian citizen; (ii) a person who is, within the meaning of the Migration Act 1958, the holder of a valid permanent visa; or (iii) a person who holds a special category visa or is taken by subsection 33(2) of the Migration Act 1958 to have been granted a special purpose visa; or (ba) a security assessment that is a request under section 22A of the Australian Passports Act 2005 for suspension of all Australian travel documents issued to a person; or (bb) a security assessment in relation to an exercise of a power under Chapter 2 or 4 of the Digital ID Act 2024 in respect of an entity (within the meaning of that Act) that is not an Australian entity (within the meaning of that Act); or (c) a security assessment in relation to the engagement, or proposed engagement, of a person by or in the Organisation, or an intelligence or security agency, as a staff member of the Organisation or agency; or (d) a security assessment provided 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 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). > Note: See subsection (2A) for an exception to paragraph (1)(d). (2) Despite paragraph (1)(b), this Part applies to a security assessment in respect of a person if: (a) the person was the holder of a valid permanent visa; and (b) the visa was cancelled under section 134B of the Migration Act 1958; and (c) the security assessment is made for the purposes of section 134C of that Act in relation to that cancellation. (2A) Paragraph (1)(d) does not apply in the circumstances prescribed by the regulations for the purposes of this subsection. (3) This section does not, by implication, affect the interpretation of any other provision of this Part.