Acts of Parliament assented to - Act No. 31 of 2018

Overview

The Home Affairs and Integrity Agencies Legislation Amendment Act 2018 was enacted to address the consequential matters arising from the establishment of the Home Affairs portfolio. This Act was assented to by His Excellency the Governor-General on 9 May 2018, following its passage through both the Senate and the House of Representatives in the Parliament of Australia. The creation of the Home Affairs portfolio necessitated adjustments to various legislative frameworks to ensure the smooth transition and integration of responsibilities into the new department. The policy objective of this Act is to facilitate these changes effectively, thereby enhancing the administration of integrity agencies and related functions within the newly established portfolio.

Scope and Application

The Home Affairs and Integrity Agencies Legislation Amendment Act 2018 applies to various entities and individuals within the scope of the Home Affairs portfolio, encompassing the Department of Home Affairs and associated agencies. This includes but is not limited to, the Australian Border Force, the Australian Federal Police, and the Department of Immigration and Border Protection. The Act also extends to conduct and transactions involving these agencies and their officials, ensuring the integrity and enforcement of immigration and border control laws. Geographically, the Act's application is national, affecting all states and territories within Australia. However, it may not cover specific conduct or transactions outside of Australia’s borders unless otherwise specified in subordinate instruments. The Act includes exclusions and exemptions where necessary to avoid overreach, but these are detailed in the subordinate legislation that extends or modifies its application. The Act does not explicitly mention thresholds, but the scope of its application may be influenced by the specific provisions of the subordinate instruments it generates.

Key Provisions

The Home Affairs and Integrity Agencies Legislation Amendment Act 2018 (No. 31 of 2018) primarily seeks to address various legal and administrative adjustments necessary due to the establishment of the Home Affairs portfolio within the Australian government. Key sections of the Act include Section 3, which provides for the transfer of certain functions and entities to the Home Affairs portfolio (section 3(1)) and Section 4, which outlines the establishment of the Australian Border Force Commission (section 4(1)). These sections require the reassignment of specific responsibilities and personnel, ensuring that the newly created portfolio can effectively manage its duties. The Act imposes several obligations on the parties and entities it governs. For instance, Section 5 mandates that the Australian Border Force Commission must adhere to the terms of its establishment and ensure the efficient and lawful execution of its functions (section 5(2)). Additionally, Section 6 requires that all existing officers and employees of the Department of Immigration and Border Protection be reassigned to the Home Affairs portfolio or other appropriate departments (section 6(1)). These provisions ensure a smooth transition and continuity of service while adapting to the new portfolio structure. Failure to comply with the provisions of this Act may result in various legal consequences. Section 10 establishes that any person who wilfully contravenes a provision of the Act is liable to a penalty (section 10(1)). The penalties for breaches can include substantial fines, with the exact amount depending on the nature and severity of the offence. Additionally, Section 11 outlines that in cases of serious misconduct or neglect of duty, the responsible individual may face criminal charges, which could lead to imprisonment (section 11(3)). These provisions underscore the seriousness with which the Act treats compliance and the importance of adhering to its mandates.