Commonwealth Consolidated Acts

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AUSTRALIAN BORDER FORCE ACT 2015 - SECT 56

Directions by Secretary--performance of functions or exercise of powers under laws of the Commonwealth

  (1)   The Secretary may, by writing, give directions to Immigration and Border Protection workers in relation to the performance of functions, or the exercise of powers, by those workers under a law of the Commonwealth.

  (2)   However, subsection   (1) does not apply in relation to the Migration Act 1958 .

Note:   Section   499 of the Migration Act 1958 allows the Minister to give directions to a person or body about the performance of functions or the exercise of powers under that Act.

Relationship with directions under section   27

  (3)   A direction under this section prevails over a direction under section   27 to the extent of any inconsistency.

Compliance with directions

  (4)   An Immigration and Border Protection worker 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   (4) 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   (4) of this section.

Directions are not legislative instruments

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

No limit on other powers to give directions

  (6)   This section does not limit any other power of the Secretary to give directions to any person.


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