Australian Border Force (Secrecy and Disclosure) Rule 2015

Administered by Department of Home Affairs

Legislation au F2015L00977 Rules Not in force Legislative Instrument

Legislation content

 

Australian Border Force (Secrecy and Disclosure) Rule 2015

made under the

Australian Border Force Act 2015

Compilation No. 2  

Compilation date:   03 July 2018
     

Includes amendments up to: F2018L00978

 

About this compilation

 

This compilation

This is a compilation of the Australian Border Force (Secrecy and Disclosure) Amendment (2018 Measures No. 1) Rule 2018that shows the text of the law as amended and in force on 03/07/2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

Contents

 

 

1 Name...............................................................1

2 Commencement.......................................................1

3 Authority............................................................1

4 Definition............................................................1

5 Bodies and persons....................................................1

7 Permitted purposes.....................................................2

Schedule 1       Bodies and persons 3

Schedule 4       Permitted purposes 18

Endnotes            19

Endnote 1 – About the endnotes        19

Endnote 2 – Abbreviation key          20

Endnote 3 – Legislation history          21

Endnote 4 – Amendment history          22

 

1 Name

  This rule is the Australian Border Force (Secrecy and Disclosure) Rule 2015.

2 Commencement

  This rule commences on 1 July 2015.

3 Authority

  This rule is made under the Australian Border Force Act 2015.

4 Definition

  In this rule:

  Act means the Australian Border Force Act 2015.

5 Bodies and persons

  For paragraph 44(4)(f) of the Act, the bodies and persons mentioned in Schedule 1 are prescribed.

7 Permitted purposes

For paragraph 46(o) of the Act, the purposes mentioned in Schedule 4 are prescribed.

 

 

Schedule 1 Bodies and persons

           (section 5)

  1.          Australian Red Cross Society
  2.          Royal Society for the Prevention of Cruelty to Animals Australia
  3.          Royal Society for the Prevention of Cruelty to Animals New South Wales
  4.          Royal Society for the Prevention of Cruelty to Animals Victoria
  5.          Royal Society for the Prevention of Cruelty to Animals Queensland
  6.          Royal Society for the Prevention of Cruelty to Animals Western Australia
  7.          Royal Society for the Prevention of Cruelty to Animals South Australia
  8.          Royal Society for the Prevention of Cruelty to Animals Tasmania
  9.          Royal Society for the Prevention of Cruelty to Animals Australian Capital Territory
  10.      Royal Society for the Prevention of Cruelty to Animals Darwin Regional Branch


Schedule 4 Permitted purposes

           (section 7)

  1.          A purpose relating to assisting in the detection or identification of persons who may pose a possible risk to Australia or a foreign country.
  2.          A purpose relating to the investigation or assisting in the investigation of potential misconduct or a potential integrity issue.

 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Australian Border Force (Secrecy and Disclosure) Rule 2015

29 June 2015 (F2015L00977)

1 July 2015

 

Australian Border Force (Secrecy and Disclosure) Amendment (2016 Measures No. 1) Rule 2016

20 Sep 2016 (F2016L01461)

21 Sep 2016

 

Australian Border Force (Secrecy and Disclosure) Amendment (2018 Measures No.1) Rule 2018

02 July 2018

(F2018L00978)

03 July 2018

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

 

 

Sch 2, Part 10

s. 6

Sch 2

Sch 3

Item 1 of Sch 4

am F2016L01461

rep F2018L00978

rep F2018L00978

rep F2018L00978

am F2018L00978

 

 

 

 

Overview

The Australian Border Force (Secrecy and Disclosure) Rule 2015 was enacted to address the need for protecting sensitive information held by the Australian Border Force (ABF) while ensuring that appropriate disclosure of such information is allowed for specific purposes. This legislative instrument was made under the Australian Border Force Act 2015 by the relevant authority, and its primary policy objective is to balance the secrecy requirements necessary for the effective functioning of the ABF with the need for transparency and accountability in certain situations. The rule came into effect on 1 July 2015 and has since been subject to amendments to refine the scope and application of its provisions. It prescribes certain bodies and persons for specific sections of the Act and outlines the permitted purposes for which information may be disclosed, contributing to the overall regulatory framework governing the ABF.

Scope and Application

The Australian Border Force (Secrecy and Disclosure) Rule 2015 is a legislative instrument made under the Australian Border Force Act 2015. This rule applies to the persons and entities specified in Schedule 1, which include bodies such as the Australian Red Cross Society and various branches of the Royal Society for the Prevention of Cruelty to Animals across different states and territories. It governs the handling and disclosure of sensitive information within these entities in relation to their interaction with the Australian Border Force. The rule specifies the purposes for which such information may be disclosed, including assisting in the detection or identification of persons who may pose a risk to Australia or a foreign country, and investigating potential misconduct or integrity issues. The rule commenced on 1 July 2015, and its application is limited to the purposes and bodies defined within the rule and its schedules. It does not extend to other entities not listed in Schedule 1 or purposes not specified in Schedule 4. The rule can be further extended or modified through subordinate instruments as necessary.

Key Provisions

The Australian Border Force (Secrecy and Disclosure) Rule 2015, as amended, sets out specific requirements and obligations concerning the handling of sensitive information by the Australian Border Force (ABF) and prescribed bodies and persons. Section 5 of the rule specifies the bodies and persons (Schedule 1) that are prescribed under paragraph 44(4)(f) of the Australian Border Force Act 2015. These include various branches of the Royal Society for the Prevention of Cruelty to Animals across Australia. Section 7 of the rule outlines the permitted purposes (Schedule 4) for the disclosure of information under paragraph 46(o) of the Act. These purposes include assisting in the detection or identification of individuals who may pose a risk to Australia or a foreign country and the investigation or assistance in investigating potential misconduct or integrity issues. The rule imposes specific obligations on the ABF and the prescribed bodies and persons to ensure the confidentiality and proper handling of sensitive information. These entities must not disclose information except for the permitted purposes outlined in Schedule 4. They are also required to take reasonable steps to protect information from unauthorised access, use, or disclosure. Compliance with these obligations is critical to maintaining the integrity of national security and investigative processes. Failure to comply with the provisions of the rule can result in significant legal consequences. Although the rule does not explicitly state penalties, breaches of similar provisions in the Australian Border Force Act 2015 can attract civil penalties of up to $33,000 per breach for individuals and $165,000 for bodies corporate, as well as criminal penalties. These penalties underscore the importance of adhering to the rule's requirements to avoid severe repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.