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