Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(ii) entry, search or seizure;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
• There is an Australian Border Force within the Department.
• There is to be an Australian Border Force Commissioner of the Australian Border Force, who is to have the control of the operations of the Australian Border Force.
• The Australian Border Force Commissioner and APS employees in the Australian Border Force are able to exercise powers under the Customs Act 1901 , the Migration Act 1958 , the Maritime Powers Act 2013 and other Commonwealth laws.
• The Australian Border Force Commissioner may give directions to Immigration and Border Protection workers to do with the administration and control of the operations of the Australian Border Force or the performance of functions or exercise of powers by such workers under a law of the Commonwealth.
• There are resignation and termination provisions that apply to all APS employees in the Department in circumstances involving serious misconduct.
• All Immigration and Border Protection workers may be required to undergo an alcohol screening test, an alcohol breath test, an alcohol blood test or a prohibited drug test.
• There are secrecy and disclosure provisions covering information obtained by the Secretary, the Australian Border Force Commissioner and Immigration and Border Protection workers.
• The Secretary may give directions to Immigration and Border Protection workers to do with the administration and control of the Department or the performance of functions or exercise of powers by such workers under a law of the Commonwealth.
• There is to be an Australian Border Force Commissioner of the Australian Border Force.
• The Australian Border Force Commissioner has the control of the operations of the Australian Border Force.
• The Australian Border Force Commissioner and APS employees in the Australian Border Force are able to exercise powers under the Customs Act 1901 , the Migration Act 1958 , the Maritime Powers Act 2013 and other Commonwealth laws.
• The Australian Border Force Commissioner is also known as the Comptroller - General of Customs.
• The Australian Border Force Commissioner may give directions to Immigration and Border Protection workers to do with the administration and control of the operations of the Australian Border Force or the performance of functions or exercise of powers by such workers under a law of the Commonwealth.
• An APS employee in the Department must give at least 14 days' notice of his or her resignation from the Department.
• If an APS employee in the Department resigns in circumstances where the employee may have engaged in serious misconduct, the Secretary or the Australian Border Force Commissioner may delay the employee's resignation by up to 90 days to allow further investigation of that conduct.
• 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.
• Immigration and Border Protection workers may be required to undergo an alcohol screening test, an alcohol breath test, an alcohol blood test or a prohibited drug test.
• An entrusted person must not make a record of or disclose Immigration and Border Protection information unless the making of the record or disclosure is authorised by a provision of this Part, is in the course of the person's employment or service as an entrusted person or is required or authorised by law or by an order or direction of a court or tribunal.
• The Secretary and the Comptroller - General of Customs can delegate their functions or powers under a law of the Commonwealth.
• The Secretary may give directions to Immigration and Border Protection workers to do with the administration and control of the Department or the performance of functions or exercise of powers by such workers under a law of the Commonwealth.
• The Secretary or the Australian Border Force Commissioner may terminate the engagement of a person as a consultant or contractor if the person fails to comply with a direction under this Act.
• The Minister may make rules for the purposes of this Act.