Commonwealth Consolidated Acts

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AUSTRALIAN BORDER FORCE ACT 2015 - SECT 46

Permitted purposes

    For the purposes of sections   44 and 45, the purposes are the following:

  (a)   the administration or enforcement of a law of the Commonwealth, a State, a Territory or a foreign country that relates to:

  (i)   criminal law; or

  (ii)   a law imposing a pecuniary penalty or providing for the forfeiture of property;

  (b)   in relation to a law referred to in paragraph   (a), the prevention of crime, or the detection or analysis of criminal conduct, in respect of that law;

  (c)   assisting a coronial inquiry, coronial investigation or coronial inquest under a law of the Commonwealth, a State or a Territory;

  (d)   a purpose relating to the protection of public health, or the prevention or elimination of risks to the life or safety of an individual or a group of individuals;

  (e)   the collection and verification of statistics for the purposes of the Census and Statistics Act 1905 or the performance of the functions of the Australian Bureau of Statistics as set out in section   6 of the Australian Bureau of Statistics Act 1975 ;

  (f)   the protection of the public revenue of the Commonwealth, a State, a Territory or a foreign country;

  (g)   a purpose relating to matters covered by the Customs Act 1901 , the Migration Act 1958 , the Maritime Powers Act 2013 , the Australian Citizenship Act 2007 , the Immigration (Guardianship of Children) Act 1946 , the Education Services for Overseas Students Act 2000 or the Biosecurity Act 2015 ;

  (h)   any of the following:

  (i)   assisting in establishing the identity of a particular person;

  (ii)   establishing whether or not a particular person is or was an Australian citizen at a particular time or in a particular period;

  (iii)   establishing whether or not a particular person is or was the holder of a particular kind or class of visa under the Migration Act 1958 at a particular time or in a particular period;

  (i)   a purpose relating to immigration, quarantine or border control between Australia and a foreign country;

  (j)   the provision of services to persons who are not Australian citizens;

  (k)   a purpose relating to the performance of functions under section   17 of the Australian Security Intelligence Organisation Act 1979 ;

  (l)   a purpose relating to the performance of functions under section   6 of the Intelligence Services Act 2001 ;

  (la)   a purpose relating to the performance of functions under section   7 of the Office of National Intelligence Act 2018 ;

  (m)   the administration of the National Anti - Doping Scheme (within the meaning of the Sport Integrity Australia Act 2020 );

  (n)   the administration or enforcement of laws with respect to commerce:

  (i)   between a State and another State; or

  (ii)   between a State and a Territory; or

  (iii)   between a Territory and another Territory; or

  (iv)   between Australia and another country; or

  (v)   within a State or Territory;

  (na)   a purpose relating to the inter - country adoption of a child;

  (nb)   a purpose relating to the protection of national security or the defence of Australia;

  (nc)   a purpose relating to locating a missing person;

  (o)   a purpose prescribed by the rules.


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