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Australian Border Force Act 2015
In force
Administered by
Department of Home Affairs
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C2024C00078 (C08)
14 March 2024
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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
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Part 2—Australian Border Force Commissioner
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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
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Part 3—Resignation from the Department
28 Simplified outline of this Part
29 Resignation—general
30 Resignation in anticipation of termination of employment
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Part 4—Termination of employment in the Department for serious misconduct
31 Simplified outline of this Part
32 Termination of employment for serious misconduct
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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
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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
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
