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AUSTRALIAN BORDER FORCE ACT 2015 - SECT 26

Directions--administration and control of the operations of the Australian Border Force

  (1)   The Australian Border Force Commissioner may, by writing, give directions to the following persons in connection with the administration and control of the operations of the Australian Border Force:

  (a)   a person who is covered by paragraph   (a) of the definition of Immigration and Border Protection worker in subsection   4(1) and who is in the Australian Border Force;

  (b)   a person who is covered by paragraph   (b), (c), (d), (e) or (f) of that definition and whose services are made available to, or who is performing services for, the Australian Border Force.

Essential qualifications

  (2)   Without limiting subsection   (1), directions under that subsection may relate to the essential qualifications for persons mentioned in paragraph   (1)(a) or (b) for performing their duties.

Note 1:   See section   23 of the Public Service Act 1999 for the reduction in the classification of an APS employee in the Department if the employee lacks, or has lost, an essential qualification for performing his or her duties.

Note 2:   See section   29 of the Public Service Act 1999 for the termination of the employment of an APS employee in the Department if the employee lacks, or has lost, an essential qualification for performing his or her duties.

  (3)   Without limiting subsection   (2), essential qualifications may have one or more of the following components:

  (a)   physical or psychological health or fitness;

  (b)   professional or technical qualifications;

  (c)   learning and development requirements.

Reporting of serious misconduct or criminal activity

  (4)   Without limiting subsection   (1), directions under that subsection may relate to the reporting by persons mentioned in paragraph   (1)(a) or (b) of the following:

  (a)   serious misconduct by such a person;

  (b)   criminal activity involving such a person;

where the serious misconduct or criminal activity affects, or is likely to affect, the operations, responsibilities or reputation of the Department.

Compliance with directions

  (5)   A person mentioned in paragraph   (1)(a) or (b) must comply with a direction under this section.

Note 1:   See subsection   13(4) and sections   15, 28 and 29 of the Public Service Act 1999 for the consequences of an APS employee in the Department not complying with subsection   (5) of this section.

Note 2:   See section   57 of this Act for the termination of a person's engagement as a consultant or contractor, or for the arranging of a person to cease to perform services for the Department, if the person does not comply with subsection   (5) of this section.

Directions are not legislative instruments

  (6)   A direction under this section is not a legislative instrument.

No limit on other powers to give directions

  (7)   This section does not limit any other power of the Australian Border Force Commissioner to give directions to any person.

Self - incrimination

  (8)   If a person mentioned in paragraph   (1)(a) or (b) is required by a direction of the kind mentioned in subsection   (4) to give information, answer a question or produce a document, the person is not excused from:

  (a)   giving the information; or

  (b)   answering the question; or

  (c)   producing the document;

on the ground that the information, the answer to the question or the production of the document might tend to incriminate the person or expose the person to a penalty.

  (9)   However:

  (a)   the information given, the answer given or the document produced; or

  (b)   giving the information, answering the question or producing the document;

is not admissible in evidence against the person in any proceedings.

  (10)   Subsection   (9) has effect subject to section   40.


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