australian-border-force-act-2015.pdf, p.7
Cites this Act as the Australian Border Force Act 2015.
1 Short title
australian-border-force-act-2015.pdf, p.65
Customs and Other Legislation Amendment (Australian Border Force) Act 2015
1 July 2015 (s 2)
1 July 2015 (s 2(1)
australian-border-force-act-2015.pdf, p.66
Customs Legislation Amendment (Controlled Trials and Other Measures) Act 2023
1 July 2023 (s 2(1)
australian-border-force-act-2015.pdf, p.17
Power to perform duties as necessary or convenient
10 Powers of Australian Border Force Commissioner
10 Dec
australian-border-force-act-2015.pdf, p.18
11 Appointment
The Australian Border Force Commissioner must be appointed by the Governor-General.
11(1) Appointment
THE APPOINTMENT OF THE AUSTRALIAN BORDER FORCE COMMISSIONER OCCURS BETWEEN THE TIME THE GOVERNOR-GENERAL WRITES THE INSTRUMENT AND THE TIME IT IS SIGNED.
The appointment of the Australian Border Force Commissioner occurs between the time the Governor-General writes the instrument and the time it is signed.
(1) The Australian Border Force Commissioner is to be appointed by the Governor-General by written instrument.
IF THE AUSTRALIAN BORDER FORCE COMMISSIONER IS APPOINTED THEN IT MUST BE KNOWN THAT IT HAS BEEN APPOINTED BY THE GOVERNOR-GENERAL.
If the Australian Border Force Commissioner is appointed, then it must be known that it has been appointed by the Governor-General.
The Australian Border Force Commissioner MUST be appointed.
The Australian Border Force Commissioner must be appointed.
IF THE AUSTRALIAN BORDER FORCE COMMISSIONER IS APPOINTED THEN IT MUST BE KNOWN THAT IT HAS BEEN APPOINTED.
If the Australian Border Force Commissioner is appointed, then it must be known that it has been appointed.
The Australian Border Force Commissioner ⇢ IS appointed by the Governor-General.
If the Australian Border Force Commissioner is to be appointed, then it must be appointed by the Governor-General.
The Australian Border Force Commissioner must be appointed on a full-time basis.
11(2) Appointment
Person holding office as Australian Border Force Commissioner is also Comptroller-General of Customs.
11(3) Appointment
the person is also the Comptroller-General of Customs
Person holding office has a temporal relationship with being Comptroller-General of Customs
While a person holds office as the Australian Border Force Commissioner
Holding office implies being Comptroller-General of Customs
Person holding office as Australian Border Force Commissioner
Comptroller-General of Customs is a role of the person holding office
Holding office as Australian Border Force Commissioner
State confers a function on the person holding office
Many Commonwealth laws confer functions and powers on the Comptroller-General of Customs
The Australian Border Force Commissioner must hold office for a period not exceeding 5 years.
12 Term of appointment
12 Dec
13 Oath or affirmation by Australian Border Force Commissioner
Make and subscribe an oath or affirmation before beginning office duties.
13(1) Oath or affirmation by Australian Border Force Commissioner
Obligation to make and subscribe an oath or affirmation.
Must make and subscribe oath or affirmation before the Minister.
13(2) Oath or affirmation by Australian Border Force Commissioner
Obligation to make and subscribe oath or affirmation.
Prohibition on conduct inconsistent with oath or affirmation
13(3) Oath or affirmation by Australian Border Force Commissioner
Conduct inconsistent with oath or affirmation
Oath or affirmation made and subscribed under this section
australian-border-force-act-2015.pdf, p.19
14 Acting Australian Border Force Commissioner
Conditional commencement of the Strengthening Oversight of the National Intelligence Community Act 2025
14 Sept
Minister may appoint person to act as Australian Border Force Commissioner under certain circumstances.
14(1) Acting Australian Border Force Commissioner
Person appointed as Australian Border Force Commissioner is also Comptroller-General of Customs.
14(2) Acting Australian Border Force Commissioner
Appointment as Commissioner overlaps with appointment as Comptroller-General of Customs in terms of time.
(2) A person appointed to act as the Australian Border Force Commissioner is taken, while the person is so acting, to also be the Comptroller-General of Customs.
The person is also Comptroller-General of Customs.
Appointment as Commissioner implies appointment as Comptroller-General of Customs.
The person has authority as Comptroller-General of Customs.
Appointment as Commissioner implies appointment as Comptroller-General of Customs in terms of authority.
The person has responsibility as Comptroller-General of Customs.
Appointment as Commissioner implies appointment as Comptroller-General of Customs in terms of responsibility.
The person has jurisdiction as Comptroller-General of Customs.
Appointment as Commissioner implies appointment as Comptroller-General of Customs in terms of jurisdiction.
The Australian Border Force Commissioner is an official of the Department.
15 Application of finance law
The Australian Border Force Commissioner is an official.
australian-border-force-act-2015.pdf, p.20
16 Remuneration and allowances
The Australian Border Force Commissioner must be paid remuneration determined by the Remuneration Tribunal.
16(1) Remuneration and allowances
The Australian Border Force Commissioner must be paid prescribed allowances.
16(2) Remuneration and allowances
Subject to the Remuneration Tribunal Act 1973.
16(3) Remuneration and allowances
17 Leave of absence
Recreation leave entitlements determined by the Remuneration Tribunal.
17(1) Leave of absence
Recreation leave entitlements are valid during the period of determination
Entitlement is valid during the period of determination
Remuneration Tribunal determines recreation leave entitlements
Commissioner must follow Remuneration Tribunal's determination
Commissioner's entitlement implies a responsibility to follow tribunal's decision
Australian Border Force Commissioner has recreation leave entitlements
System recognizes the commissioner's entitlement
System recognizes the commissioner's entitlement as valid
Recreation leave entitlements are diffused from the tribunal's determination
Tribunal's determination spreads to the commissioner's entitlement
17(2) Leave of absence
Temporal relation between grant and Commissioner's absence
(2) The Minister may grant the Australian Border Force Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
Grant implies conditions for Commissioner's absence
Grant asserts Commissioner's right to absence
Grant diffuses responsibility for Commissioner's absence
Must not engage in paid work outside office duties without approval.
18 Outside work
Australian Border Force Commissioner must not engage in paid work outside office duties.
Prohibition of engaging in paid work outside office duties.
19 Disclosure of interests
The Australian Border Force Commissioner must give written notice to the Minister of any direct or indirect pecuniary interest that conflicts with the proper performance of the Commissioner’s functions.
19(1) Disclosure of interests
The Australian Border Force Commissioner must give written notice to the Minister.
Duty to disclose interests in addition to section 29 of the Public Governance, Performance and Accountability Act 2013.
19(2) Disclosure of interests
2 Commencement
australian-border-force-act-2015.pdf, p.21
20 Resignation of appointment
20 May
Conditional commencement on specific dates
The Australian Border Force Commissioner must provide a written resignation to the Governor-General.
20(1) Resignation of appointment
The Australian Border Force Commissioner must provide a written resignation.
Resignation takes effect on specified day or immediately upon receipt by Governor-General.
20(2) Resignation of appointment
21 Suspension or termination of appointment
Conditional commencement of Australian Border Force Act 2015
21 Jan
The Governor-General may suspend or terminate the appointment of the Australian Border Force Commissioner.
21(1) Suspension or termination of appointment
Suspension or termination of appointment is prohibited for the Australian Border Force Commissioner under certain conditions.
21(2) Suspension or termination of appointment
...if: (a) the Commissioner: ... (b) the Commissioner is absent...
Temporal overlap between conditions for suspension or termination
(2) The Governor-General may suspend or terminate the appointment if: (a) the Commissioner: ... (b) the Commissioner is absent...
Implication of conditions for suspension or termination on appointment
Prohibition of suspension or termination
(2) The Governor-General may suspend or terminate the appointment...
Obligation to suspend or terminate appointment under certain conditions
Temporal relationship between conditions for suspension or termination
australian-border-force-act-2015.pdf, p.22
The Australian Border Force Commissioner holds office on terms and conditions determined by the Minister.
22 Other terms and conditions
The Commissioner holds office on terms and conditions.
australian-border-force-act-2015.pdf, p.23
23 Minister may give directions to Australian Border Force
Minister has obligation to give written directions to Australian Border Force Commissioner.
23(1) Minister may give directions to Australian Border Force
Minister must provide copy of direction to Parliament within 15 sitting days.
23(2) Minister may give directions to Australian Border Force
Must comply with directions under subsection (1)
23(3) Minister may give directions to Australian Border Force
Minister must give directions to Australian Border Force
23(4) Minister may give directions to Australian Border Force
Australian Border Force must receive direction
australian-border-force-act-2015.pdf, p.24
24 Oaths or affirmations by Immigration and Border Protection
Request for oath or affirmation by Immigration and Border Protection
24(1) Oaths or affirmations by Immigration and Border Protection
Must make and subscribe oath or affirmation before Australian Border Force Commissioner.
24(2) Oaths or affirmations by Immigration and Border Protection
Must not engage in conduct inconsistent with oath or affirmation
24(3) Oaths or affirmations by Immigration and Border Protection
Engage in conduct inconsistent with oath or affirmation
Obligation to comply with oath or affirmation
Made and subscribed an oath or affirmation under this section
Prohibition on engaging in conduct inconsistent with oath or affirmation
Engage in conduct inconsistent with oath or affirmation as an APS employee
Prohibition on engaging in conduct inconsistent with oath or affirmation for APS employees
Section 15 of the Public Service Act 1999
Engage in conduct inconsistent with oath or affirmation as an employee in the Department
Prohibition on engaging in conduct inconsistent with oath or affirmation for employees in the Department
Section 28 of the Public Service Act 1999
Section 29 of the Public Service Act 1999
Oath or affirmation by Immigration and Border Protection worker
24(4) Oaths or affirmations by Immigration and Border Protection
australian-border-force-act-2015.pdf, p.25
25 Delegation
Conditional commencement of the Australian Border Force Amendment (Protected Information) Act 2017
25 June
Delegation of functions or powers to the Secretary and others
25(1) Delegation
25(2) Delegation
Comply with written directions of the Australian Border Force Commissioner
25(3) Delegation
Secretary may delegate functions or powers to Immigration and Border Protection workers.
25(4) Delegation
australian-border-force-act-2015.pdf, p.26
26 Directions—administration and control of the operations of the
Directions for administration and control of Australian Border Force operations
26(1) Directions—administration and control of the operations of the
Directions under subsection (1) may relate to essential qualifications for persons performing their duties.
26(2) Directions—administration and control of the operations of the
Reporting of serious misconduct or criminal activity is required.
26(3) Directions—administration and control of the operations of the
Obligation to report serious misconduct or criminal activity
Compliance with directions regarding serious misconduct or criminal activity
26(4) Directions—administration and control of the operations of the
Must comply with a direction under this section.
26(5) Directions—administration and control of the operations of the
A direction under this section is not a legislative instrument.
26(6) Directions—administration and control of the operations of the
A direction under this section is an obligation that does not impose a duty.
(6) A direction under this section is not a legislative instrument.
australian-border-force-act-2015.pdf, p.28
27 Directions—performance of functions or exercise of powers
Directions for persons performing functions or exercising powers under a law of the Commonwealth.
27(1) Directions—performance of functions or exercise of powers
Compliance with directions is mandatory.
27(2) Directions—performance of functions or exercise of powers
Section 499 of the Migration Act 1958 allows the Minister to give directions.
27(3) Directions—performance of functions or exercise of powers
No limit on other powers to give directions
27(4) Directions—performance of functions or exercise of powers
The Australian Border Force Commissioner has the power to give directions.
27(5) Directions—performance of functions or exercise of powers
australian-border-force-act-2015.pdf, p.30
Must give at least 14 days' notice of resignation.
28 Simplified outline of this Part
29 Resignation—general
Employee must provide written notice of resignation
29(1) Resignation—general
Prohibition on early or late resignation notice
29(2) Resignation—general
Requires overlap between notice period and allowed time frame
(2) The day specified in a notice under paragraph (1)(a) must not:
Prohibits early or late resignation notices
29(3) Resignation—general
Australian Border Force Commissioner has control of operations.
3 Simplified outline of this Act
30 Resignation in anticipation of termination of employment
Customs Amendment (Australian Trusted Trader Programme) Act 2015 commencement date
30 Oct
APS employee must give written notice of resignation under paragraph 29(1)(a)
30(1) Resignation in anticipation of termination of employment
Employee must give written notice of resignation
Substitute a day for the effective date of resignation
30(2) Resignation in anticipation of termination of employment
30(3) Resignation in anticipation of termination of employment
May give more than one notice under subsection (2) to the APS employee in relation to the notice of resignation.
30(4) Resignation in anticipation of termination of employment
Notice of resignation must be given to APS employee before specified day.
30(5) Resignation in anticipation of termination of employment
australian-border-force-act-2015.pdf, p.33
No application of Fair Work Act provisions for APS employee after declaration.
31 Simplified outline of this Part
Consequential and Transitional Provisions
Prohibits application of Fair Work Act provisions.
Termination of employment for serious misconduct
32 Termination of employment for serious misconduct
Prohibits termination of employment for serious misconduct
(1) This section applies if the Secretary terminates the employment of an APS employee in the Department and the Secretary or the Australian Border Force Commissioner reasonably believes that...
australian-border-force-act-2015.pdf, p.36
Workers may be required to undergo alcohol screening tests
33 Simplified outline of this Part
34 Alcohol screening test—suspicion that Immigration and Border
Authorized person may require Immigration and Border Protection worker to undergo alcohol screening test if reasonably suspected of being under the influence.
34(1) Alcohol screening test—suspicion that Immigration and Border
Test must be required when authorized person reasonably suspects worker is under influence
Authorized person has reasonable suspicion
Immigration and Border Protection worker must undergo test
Authorized person has authority to require test
Comply with a requirement given under subsection (1)
34(2) Alcohol screening test—suspicion that Immigration and Border
Return to duties immediately if alcohol is not present in breath
34(3) Alcohol screening test—suspicion that Immigration and Border
34(4) Alcohol screening test—suspicion that Immigration and Border
australian-border-force-act-2015.pdf, p.37
35 Alcohol screening, breath or blood test or prohibited drug test—
Requires an Immigration and Border Protection worker to undergo alcohol screening or breath test
35(1) Alcohol screening, breath or blood test or prohibited drug test—
(1) An authorised person may give an Immigration and Border Protection worker who is in the course of performing his or her duties as an Immigration and Border Protection worker a written direction requiring the worker to do one or more of the following:
Worker may provide blood sample if alcohol breath test indicates presence of alcohol.
35(2) Alcohol screening, breath or blood test or prohibited drug test—
Immigration and Border Protection worker must comply with a direction given under this section.
35(3) Alcohol screening, breath or blood test or prohibited drug test—
australian-border-force-act-2015.pdf, p.38
36 Alcohol screening, breath or blood test or prohibited drug test—
Requires a worker to undergo an alcohol screening test, breath test, or provide a body sample for a prohibited drug test.
36(1) Alcohol screening, breath or blood test or prohibited drug test—
Prohibition on killing or seriously injuring a person while performing duties as an Immigration and Border Protection worker.
36(2) Alcohol screening, breath or blood test or prohibited drug test—
the incident occurs in relation to an arrest under the Customs Act 1901, the Migration Act 1958 or the Maritime Powers Act 2013 or otherwise detained under any of those Acts.
the worker is directly involved in the incident in the course of performing his or her duties as an Immigration and Border Protection worker.
a person killed or seriously injured by a firearm discharging or physical force
Prohibition on killing or seriously injuring a person.
Obligation on workers to follow procedures.
Recurring trace for workers involved in incidents.
Prohibition on using physical force in certain circumstances
36(3) Alcohol screening, breath or blood test or prohibited drug test—
Must provide direction under subsection (1) as soon as practicable after incident concerned.
36(4) Alcohol screening, breath or blood test or prohibited drug test—
Worker must provide blood sample for alcohol test or prohibited drug test upon request.
36(5) Alcohol screening, breath or blood test or prohibited drug test—
australian-border-force-act-2015.pdf, p.40
Worker performing duties on board vessel is in course of performing duties.
37 Performing duties on board a vessel
Worker's status as Immigration and Border Protection worker.
38 Conduct of tests and provision of samples to be in accordance
Conduct tests and provide samples in accordance with rules.
38(1) Conduct of tests and provision of samples to be in accordance
Must conduct tests in accordance with rules.
Provision for sample provision in alcohol and drug tests
38(2) Conduct of tests and provision of samples to be in accordance
australian-border-force-act-2015.pdf, p.41
39 Rules for purposes of this Part
Procedure for handling and analysis of samples
australian-border-force-act-2015.pdf, p.1
Compilation information and notes on amendments.
4 June 2026
australian-border-force-act-2015.pdf, p.8
Defines terms used in the Act, including 'alcohol blood test', 'alcohol breath test', and 'authorised person'.
4 Definitions
Classifies 'alcohol blood test' and 'authorised person' as types of tests and persons.
References specific sections and dates for a law
4 Dec 2025
Identifies temporal intervals for commencement
This compilation shows the text of the law as amended and in force on 4 June 2026.
Classifies the text as a compilation of the Australian Border Force Act 2015.
The text is classified as a compilation of the Australian Border Force Act 2015.
australian-border-force-act-2015.pdf, p.42
Exemptions from admissibility in certain proceedings
40 Admissibility of test results etc. in legal proceedings
australian-border-force-act-2015.pdf, p.43
No record of or disclosure of Immigration and Border Protection information without authorization.
41 Simplified outline of this Part
42 Secrecy
Making Immigration and Border Protection information without authorization is an offence.
42(1) Secrecy
Prohibits making Immigration and Border Protection information without authorization.
(a) the person is, or has been, an entrusted person; and (b) the person makes a record of, or discloses, information; and (c) the information is Immigration and Border Protection information.
(b) the person makes a record of, or discloses, information; and (c) the information is Immigration and Border Protection information.
(c) the information is Immigration and Border Protection information.
If making Immigration and Border Protection information without authorization is true, then the person commits an offence.
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.
42(1A) Secrecy
australian-border-force-act-2015.pdf, p.44
Disclosure of Immigration and Border Protection information for specified purposes
43 Records or disclosure for the purposes of this Act or integrity
Permission to disclose Immigration and Border Protection information
The making of the record, or disclosure, is for the purposes of this Act.
Prohibition on unauthorized disclosure of Immigration and Border Protection information
(a) The making of the record, or disclosure, is for the purposes of this Act.
Permission to disclose Immigration and Border Protection information under other Acts
(b) The making of the record, or disclosure, is for the purposes of the National Anti-Corruption Commission Act 2022.
Permission to disclose Immigration and Border Protection information under IGIS official powers
(c) The making of the record, or disclosure, is for the purposes of an IGIS official exercising a power, or performing a function, or duty.
Recurring trace of records and disclosures made under the Act
australian-border-force-act-2015.pdf, p.45
44 Disclosure to certain bodies and persons
Disclosure of Immigration and Border Protection information to certain bodies or persons under specific conditions.
44(1) Disclosure to certain bodies and persons
Disclosure of Immigration and Border Protection information to certain bodies or persons for a specific purpose.
44(2) Disclosure to certain bodies and persons
...for a purpose mentioned in section 46
Disclosure is restricted to specific purposes and conditions.
(2) An entrusted person authorized under subsection (3)
may disclose Immigration and Border Protection information...
Disclosure is necessary for the purpose mentioned in section 46.
(b) the Secretary is satisfied that the disclosure of the information to that body or person is necessary for the purpose mentioned in section 46;
...that body or person has complied with that condition
Disclosure is subject to compliance with certain conditions.
(c) if, under subsection (6), that body or person is required to comply with a condition before the disclosure of the information—that body or person has complied with that condition.
Disclosure requires authorization by the Secretary.
australian-border-force-act-2015.pdf, p.47
45 Disclosure in accordance with agreements
Disclosure of Immigration and Border Protection information to foreign countries or organisations under certain conditions.
45(1) Disclosure in accordance with agreements
Temporal relationship between disclosure and agreement.
(a) the Secretary is satisfied that the information will be used in accordance with an agreement to which subsection (4) applies;
Permission granted by Immigration and Border Protection.
Restriction on disclosure of Immigration and Border Protection information.
(b) that foreign country, agency, authority or organisation has undertaken not to use or further disclose the information except in accordance with the agreement or otherwise as required or authorised by law.
Conditional permission granted by Immigration and Border Protection.
Prohibition on further disclosure of Immigration and Border Protection information.
Disclosure of personal information to foreign countries, agencies, or organisations for a specific purpose.
45(2) Disclosure in accordance with agreements
Permission to disclose personal information.
the Secretary is satisfied that the information will be used in accordance with an agreement
australian-border-force-act-2015.pdf, p.48
Permitted purposes for administration or enforcement of laws
46 Permitted purposes
Categorizes purposes for administration or enforcement
australian-border-force-act-2015.pdf, p.50
Disclosure of Immigration and Border Protection information with consent.
47 Disclosure with consent
australian-border-force-act-2015.pdf, p.51
Disclosure of Immigration and Border Protection information under certain circumstances.
48 Disclosure to reduce threat to life or health
Other obligations or permissions may overlap with the obligation to disclose Immigration and Border Protection information.
Disclosure of Immigration and Border Protection information under certain circumstances overlaps with other obligations or permissions.
Disclosure of Immigration and Border Protection information is obligatory under certain circumstances.
Disclosure of information is obligatory.
Duty to disclose information under certain circumstances.
Trusted person has a duty to disclose Immigration and Border Protection information if necessary to prevent or lessen a serious threat to life or health.
Trusted person has permission to disclose Immigration and Border Protection information under certain circumstances.
Trusted person may disclose Immigration and Border Protection information if necessary to prevent or lessen a serious threat to life or health.
Disclosure of Immigration and Border Protection information diffuses to other persons or entities.
Disclosure of Immigration and Border Protection information under certain circumstances diffuses to other persons or entities.
Disclosure of Immigration and Border Protection information repeats over time.
Disclosure of Immigration and Border Protection information under certain circumstances repeats over time.
An entrusted person may disclose Immigration and Border Protection information if it has already been lawfully made available to the public.
49 Disclosure of publicly available information
australian-border-force-act-2015.pdf, p.14
5 Consultants and contractors etc.
May specify a person for the purposes of Immigration and Border Protection worker
5(1) Consultants and contractors etc.
Specify a person for the purposes of Immigration and Border Protection worker
5(2) Consultants and contractors etc.
A determination under this section is not a legislative instrument.
5(3) Consultants and contractors etc.
Exceptions operate independently, without limiting each other.
50 Exceptions operate independently
Certification required for proceedings related to classified information
50A Information must be certified as appropriately classified before
Use of Immigration and Border Protection information is authorized for record-making purposes under the Privacy Act 1988.
51 Interaction with Privacy Act
australian-border-force-act-2015.pdf, p.53
Delegation of functions or powers under a law of the Commonwealth.
52 Simplified outline of this Part
53 Delegation by Secretary
The Secretary may delegate certain functions or powers.
53(1) Delegation by Secretary
53(2) Delegation by Secretary
australian-border-force-act-2015.pdf, p.55
54 Delegation by Comptroller-General of Customs
Delegation of functions by Comptroller-General of Customs
54(1) Delegation by Comptroller-General of Customs
The delegation occurs during the writing
The Comptroller-General of Customs may delegate functions by writing
A function is delegated to the Secretary or an Immigration and Border Protection worker
The Comptroller-General of Customs may delegate functions
Must comply with written directions from Comptroller-General
54(2) Delegation by Comptroller-General of Customs
Obligation to comply with written directions
Written directions from Comptroller-General
Delegation of functions or powers to an Immigration and Border Protection worker.
54(3) Delegation by Comptroller-General of Customs
Comply with written directions of the Secretary while performing delegated functions.
54(4) Delegation by Comptroller-General of Customs
Obligation to comply with written directions.
Secretary must not give directions inconsistent with previous directions.
54(5) Delegation by Comptroller-General of Customs
Delegation by Comptroller-General of Customs
54(6) Delegation by Comptroller-General of Customs
Is during the period when the law referred to in subsection (1) applies.
The function is performed or power is exercised under a delegation.
Is taken to have been performed or exercised by the Comptroller-General of Customs.
A function performed by an Immigration and Border Protection worker under a delegation.
The delegation takes effect in the law referred to in subsection (1).
The Comptroller-General of Customs is a legal person.
The delegation takes effect in the worker.
The function is performed or power is exercised by an Immigration and Border Protection worker.
Is everywhere in the law referred to in subsection (1).
australian-border-force-act-2015.pdf, p.56
55 Directions by Secretary—administration and control of the
The Secretary may give directions to Immigration and Border Protection workers.
55(1) Directions by Secretary—administration and control of the
Must provide information, answer question, or produce document under certain conditions.
55(10) Directions by Secretary—administration and control of the
Must provide information, answer question, or produce document.
Directions by Secretary—administration and control of the Immigration and Border Protection workers
55(2) Directions by Secretary—administration and control of the
Essential qualifications must have certain components
55(3) Directions by Secretary—administration and control of the
(c) learning and development requirements;
Qualifications must meet certain criteria
(a) physical or psychological health or fitness;
Directions by Secretary—administration and control of the organization may relate to organisational suitability assessments.
55(4) Directions by Secretary—administration and control of the
Directions for reporting serious misconduct or criminal activity by Immigration and Border Protection workers
55(5) Directions by Secretary—administration and control of the
Reporting of serious misconduct or criminal activity
Compliance with directions prevails over inconsistent directions.
55(6) Directions by Secretary—administration and control of the
Compliance with directions is required during administration and control.
Direction applies during administration and control.
(6) A direction under this section prevails over a direction under section 26 to the extent of any inconsistency.
Compliance with directions takes precedence.
55(7) Directions by Secretary—administration and control of the
55(8) Directions by Secretary—administration and control of the
The Secretary has an obligation to give directions to any person.
55(9) Directions by Secretary—administration and control of the
australian-border-force-act-2015.pdf, p.58
56 Directions by Secretary—performance of functions or exercise of
Secretary may give directions to Immigration and Border Protection workers
56(1) Directions by Secretary—performance of functions or exercise of
Directions by Secretary—performance of functions or exercise of powers under the Migration Act 1958.
56(2) Directions by Secretary—performance of functions or exercise of
Directions given by the Minister relate to the performance of functions or exercise of powers.
Temporal relation between directions given by the Minister and performance of functions or exercise of powers.
The Minister gives directions under the Migration Act 1958.
A cognitive agent is involved in giving directions under the Migration Act 1958.
Cognitive agent involved in giving directions under the Migration Act 1958.
The Secretary must give directions under the Migration Act 1958.
Obligation to give directions under the Migration Act 1958.
Information about directions given by the Minister diffuses to the performance of functions or exercise of powers.
Diffusion of information about directions given by the Minister and performance of functions or exercise of powers.
Directions given by the Minister form an ordered trace with the performance of functions or exercise of powers.
Ordered trace of directions given by the Minister and performance of functions or exercise of powers.
56(3) Directions by Secretary—performance of functions or exercise of
(3) A direction under this section prevails over a direction under section 27 to the extent of any inconsistency.
Non-compliance with inconsistent directions implies non-compliance.
Inconsistent directions imply non-compliance.
56(4) Directions by Secretary—performance of functions or exercise of
56(5) Directions by Secretary—performance of functions or exercise of
56(6) Directions by Secretary—performance of functions or exercise of
australian-border-force-act-2015.pdf, p.59
57 Termination of engagement of consultant or contractor
Termination of engagement for non-compliance with directions or requirements.
57(1) Termination of engagement of consultant or contractor
...the Secretary or the Australian Border Force Commissioner may terminate the person’s engagement as a consultant or contractor.
Defines temporal interval for termination of engagement.
(b) the person fails to comply with a direction under section 26,27, 35, 36, 55 or 56 or subsection (2) of this section or with a requirement under subsection 34(1);
Implies termination of engagement for non-compliance with directions or requirements.
(a) a person is covered by paragraph (e) of the definition of Immigration and Border Protection worker in subsection 4(1);
Prohibits termination of engagement for non-compliance.
Imposes obligation on the Secretary or the Australian Border Force Commissioner to terminate engagement for non-compliance.
Defines recurring trace for termination of engagement.
Failure to comply with direction or requirement
57(2) Termination of engagement of consultant or contractor
...with a direction under section 26, 27, 35, or 56...
Temporal relation between failure to comply and direction/requirement
(c) the affected person fails to comply...
...fails to comply with a direction under section 26, 27, 35, or 56...
Inference of obligation from failure to comply
...and (b) in connection with that person...
Inference of obligation from definition of Immigration and Border Protection worker
(f) of the definition of Immigration and Border Protection worker...
Spread of obligation from affected person to consultant/contractor
australian-border-force-act-2015.pdf, p.60
57A Act not to apply so as to exceed Commonwealth power
Provision not to exceed Commonwealth power
57A(1) Act not to apply so as to exceed Commonwealth power
Section applies to provisions of this Act regardless of when enacted.
57A(2) Act not to apply so as to exceed Commonwealth power
Section applies to provisions of this Act.
58 Rules
The Minister may make rules prescribing matters necessary or convenient for carrying out or giving effect to the Act.
58(1) Rules
Rules must not create an offence or civil penalty, provide powers of arrest or detention, impose a tax, set an amount to be appropriated from the Consolidated Revenue Fund, or amend this Act.
58(2) Rules
Rules must not create an offence or civil penalty.
australian-border-force-act-2015.pdf, p.15
The Act binds the Crown in all its capacities.
6 Act binds the Crown
Consequential and transitional provisions for National Anti-Corruption Commission Act 2022
6 Mar 2020
7 Extraterritorial application
australian-border-force-act-2015.pdf, p.16
The Australian Border Force Commissioner has control over the operations of the Australian Border Force.
8 Simplified outline of this Part
The Commissioner has control over the operations.
9 Establishment
There is to be an Australian Border Force Commissioner.
9(1) Establishment
The Australian Border Force Commissioner has control under the Minister.
9(2) Establishment
Australian Border Force Act 2015