australian-border-force-amendment-protected-information-act-2017.pdf, p.8
Definition of Immigration and Border Protection information
1 Subsection 4(1)
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Repeal heading and substitute with new text
10 Subsection 44(1) (heading)
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11 Subsection 44(1)
Omit 'protected information, or a class of protected information'
Text contains 'protected information, or a class of protected information'
Replace 'protected information, or a class of protected information' with 'Immigration and Border Protection information'
Text contains 'Immigration and Border Protection information'
12 Subsection 44(2) (heading)
Replace protected information with Immigration and Border Protection information.
13 Subsection 44(2)
Omit 'protected information', substitute 'Immigration and Border Protection information'.
14 Paragraphs 44(6)(a) and (b)
15 Subsection 45(1) (heading)
16 Subsection 45(1)
Replaces protected information with Immigration and Border Protection information.
Repeal heading and substitute with Schedule 1 Amendments
17 Subsection 45(2) (heading)
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18 Subsection 45(2)
Replace 'protected information' with 'Immigration and Border Protection information'
19 Subsection 45(5)
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Repeal definition of protected information
2 Subsection 4(1) (definition of protected information)
20 Sections 47, 48 and 49
21 After section 50
22 Paragraphs 51(a) and (b)
Imposes a duty on the state to replace 'protected information'
23 After section 57
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Immunity from penalty for certain acts or omissions before the Act receives Royal Assent.
24 Application—Immigration and Border Protection
then, despite the amendments of that Act made by this Schedule, the person is not liable to a penalty for the act or omission.
The provision applies to acts or omissions before the Act receives Royal Assent.
a) before the day this Act receives the Royal Assent a person did an act, or omitted to do an act;
The provision recognizes certain acts or omissions as exempt from liability.
(a) before the day this Act receives the Royal Assent a person did an act, or omitted to do an act;
If an act or omission did not make the person liable to a penalty, then they are not liable.
The provision diffuses liability to certain acts or omissions.
The provision applies to acts or omissions with repetition.
Interaction with Privacy Act for records and disclosures made on or after July 1, 2015, before the day this Act receives Royal Assent.
25 Savings—interaction with Privacy Act
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26 Subitem 5(3) of Schedule 9
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Substitute 'condition' in a specific provision.
27 Paragraph 44(2)(c)
28 Paragraph 44(2)(d)
29 Paragraph 45(2)(c)
3 Subsection 4(4) (heading)
30 Paragraph 45(2)(d)
Inserts purposes for inter-country adoption, national security, and locating missing persons.
31 After paragraph 46(n)
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32 Subsection 31(1)
Omit 'protected information' and substitute with 'Immigration and Border Protection information'.
4 Subsection 4(4)
5 At the end of section 4
Disclosing certain information would prejudice Australia's security, defence or international relations.
5(5) At the end of section 4
the following kinds of information are taken to be information the disclosure of which would or could reasonably be expected to prejudice the security, defence or international relations of Australia:
Disclosing certain information would overlap with national security concerns.
(5) Without limiting the definition of Immigration and Border Protection information in subsection (1),
Prohibits disclosure of certain information.
Disclosing certain information would create a recurring national security concern.
Confidentiality of immigration information
5(6) At the end of section 4
Certification required for proceedings related to classified information
50A Information must be certified as appropriately classified before
57A Act not to apply so as to exceed Commonwealth power
Provision applies only to valid applications within Commonwealth power
57A(1) Act not to apply so as to exceed Commonwealth power
(b) also has at least one application (a valid application) in relation to...
Section applies to provisions of this Act regardless of when enacted or made.
57A(2) Act not to apply so as to exceed Commonwealth power
6 Section 41
7 Paragraph 42(1)(c)
Recklessness is taken to be satisfied if the person is reckless as to whether or not the information has a security classification, originated with an intelligence agency, or was provided pursuant to a statutory obligation.
8 After subsection 42(1)
9 Section 43
australian-border-force-amendment-protected-information-act-2017.pdf, p.5
1 Short title
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1 Section 1
1 July 2015
The Act is the Australian Border Force Amendment (Protected Information) Act 2017.
Commencement rules for provisions in the Act.
2 Commencement
2 Section 2
3 Section 3
Legislation in Schedules is amended or repealed according to its terms.
3 Schedules
30 October 2017
31 October 2017
Note on table limitations and amendments
4 Section 4
An Act to amend the Australian Border Force Act 2015, and for related purposes
Australian Border Force Amendment (Protected Information) Act 2017