Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 40, 2015
Compilation No. 8
Compilation date: 14 March 2024
Includes amendments: Act No. 66, 2023
Registered: 15 March 2024
About this compilation
This compilation
This is a compilation of the Australian Border Force Act 2015 that shows the text of the law as amended and in force on 14 March 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Simplified outline of this Act
4 Definitions
5 Consultants and contractors etc.
6 Act binds the Crown
7 Extraterritorial application
Part 2--Australian Border Force Commissioner
Division 1--Simplified outline of this Part
8 Simplified outline of this Part
Division 2--Office and role of the Australian Border Force Commissioner
9 Establishment
10 Powers of Australian Border Force Commissioner
Division 3--Appointment of the Australian Border Force Commissioner
11 Appointment
12 Term of appointment
13 Oath or affirmation by Australian Border Force Commissioner
14 Acting Australian Border Force Commissioner
15 Application of finance law
Division 4--Terms and conditions for the Australian Border Force Commissioner
16 Remuneration and allowances
17 Leave of absence
18 Outside work
19 Disclosure of interests
20 Resignation of appointment
21 Suspension or termination of appointment
22 Other terms and conditions
Division 5--Ministerial directions
23 Minister may give directions to Australian Border Force Commissioner
Division 6--Oaths or affirmations by Immigration and Border Protection workers
24 Oaths or affirmations by Immigration and Border Protection workers
Division 7--Delegation and directions
25 Delegation
26 Directions--administration and control of the operations of the Australian Border Force
27 Directions--performance of functions or exercise of powers under laws of the Commonwealth
Part 3--Resignation from the Department
28 Simplified outline of this Part
29 Resignation--general
30 Resignation in anticipation of termination of employment
Part 4--Termination of employment in the Department for serious misconduct
31 Simplified outline of this Part
32 Termination of employment for serious misconduct
Part 5--Alcohol and drug tests
33 Simplified outline of this Part
34 Alcohol screening test--suspicion that Immigration and Border Protection worker under the influence of alcohol
35 Alcohol screening, breath or blood test or prohibited drug test--general
36 Alcohol screening, breath or blood test or prohibited drug test--certain incidents
37 Performing duties on board a vessel
38 Conduct of tests and provision of samples to be in accordance with the rules
39 Rules for purposes of this Part
40 Admissibility of test results etc. in legal proceedings
Part 6--Secrecy and disclosure provisions
41 Simplified outline of this Part
42 Secrecy
43 Records or disclosure for the purposes of this Act or the National Anti-Corruption Commission Act 2022
44 Disclosure to certain bodies and persons
45 Disclosure in accordance with agreements
46 Permitted purposes
47 Disclosure with consent
48 Disclosure to reduce threat to life or health
49 Disclosure of publicly available information
50 Exceptions operate independently
50A Information must be certified as appropriately classified before proceedings can be initiated
51 Interaction with Privacy Act
Part 7--Other matters
52 Simplified outline of this Part
53 Delegation by Secretary
54 Delegation by Comptroller-General of Customs
55 Directions by Secretary--administration and control of the Department
56 Directions by Secretary--performance of functions or exercise of powers under laws of the Commonwealth
57 Termination of engagement of consultant or contractor
57A Act not to apply so as to exceed Commonwealth power
58 Rules
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
40, 2015 | 20 May 2015 | 1 July 2015 (s 2) |
| |
Customs and Other Legislation Amendment (Australian Border Force) Act 2015 | 41, 2015 | 20 May 2015 | Sch 8 (item 1): 16 June 2016 (s 2(1) item 3) | Sch 9 |
as amended by |
|
|
|
|
Australian Border Force Amendment (Protected Information) Act 2017 | 115, 2017 | 30 Oct 2017 | Sch 1 (item 26): 1 July 2015 (s 2(1) item 2) | -- |
Customs Amendment (Australian Trusted Trader Programme) Act 2015 | 73, 2015 | 25 June 2015 | Sch 1 (item 6): 1 July 2015 (s 2(1) item 3) | -- |
Australian Border Force Amendment (Protected Information) Act 2017 | 115, 2017 | 30 Oct 2017 | Sch 1 (items 1-25): 1 July 2015 (s 2(1) item 2) | Sch 1 (items 24, 25) |
Office of National Intelligence (Consequential and Transitional Provisions) Act 2018 | 156, 2018 | 10 Dec 2018 | Sch 2 (items 16, 17) and Sch 4: 20 Dec 2018 (s 2(1) items 2, 4) | Sch 4 |
Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020 | 11, 2020 | 6 Mar 2020 | Sch 2 (item 2) and Sch 4 (items 2-7): 1 July 2020 (s 2(1) items 2, 5) | Sch 4 (items 2-7) |
National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022 | 89, 2022 | 12 Dec 2022 | Sch 1 (items 12, 13): 1 July 2023 (s 2(1) item 2) | -- |
Customs Legislation Amendment (Controlled Trials and Other Measures) Act 2023 | 66, 2023 | 14 Sept 2023 | Sch 1 (item 1): 14 Mar 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 4..................... | am No 115, 2017; No 156, 2018 |
Part 6 |
|
s 41.................... | am No 115, 2017 |
s 42.................... | am No 115, 2017 |
s 43.................... | am No 115, 2017; No 89, 2022 |
s 44.................... | am No 115, 2017 |
s 45.................... | am No 115, 2017 |
s 46.................... | am No 41, 2015; No 115, 2017; No 156, 2018; No 11, 2020 |
s 47.................... | am No 115, 2017 |
s 48.................... | am No 115, 2017 |
s 49.................... | am No 115, 2017 |
s 50A................... | ad No 115, 2017 |
s 51.................... | am No 115, 2017 |
Part 7 |
|
s 54.................... | am No 73, 2015; No 66, 2023 |
s 57A................... | ad No 115, 2017 |