•   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 the employee's conduct or behaviour amounts to serious misconduct, the Secretary or the Commissioner may make a declaration to that effect.

•   The effect of the declaration is that provisions of the Fair Work Act 2009 dealing with unfair dismissal, and notice of termination or payment in lieu, will not apply to the APS employee.