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Legislation in Schedules is amended or repealed according to its terms.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