AUSTRALIAN BORDER FORCE ACT 2015 (NO. 40, 2015) - SECT 25 Delegation

AUSTRALIAN BORDER FORCE ACT 2015 (NO. 40, 2015) - SECT 25

             (1)  The Australian Border Force Commissioner may, by writing, delegate any of his or her functions or powers under a law of the Commonwealth to the following:

                     (a)  the Secretary;

                     (b)  a person who is covered by paragraph (a) of the definition of Immigration and Border Protection worker in subsection 4(1) and who is in the Australian Border Force;

                     (c)  a person who is covered by paragraph (b), (c), (d), (e) or (f) of that definition and whose services are made available to, or who is performing services for, the Australian Border Force.

             (2)  However, subsection (1) does not apply in relation to:

                     (a)  section 30 (resignation in anticipation of termination of employment); or

                     (b)  section 32 (termination of employment for serious misconduct).

Directions to delegates

             (3)  An Immigration and Border Protection worker must, in performing functions or exercising powers under a delegation under subsection (1), comply with any written directions of the Australian Border Force Commissioner.

Subdelegation by Secretary

             (4)  If the Secretary is delegated functions or powers under subsection (1), the Secretary may, by writing, delegate any of those functions or powers to any Immigration and Border Protection worker.

             (5)  An Immigration and Border Protection worker must, in performing functions or exercising powers under a delegation under subsection (4), comply with any written directions of the Secretary.

             (6)  The Secretary must not give directions under subsection (5) in relation to particular functions or powers that are inconsistent with any directions given under subsection (3) in relation to those functions or powers.

             (7)  A function that is performed or a power that is exercised by an Immigration and Border Protection worker under a delegation under subsection (4) is taken, for the purposes of the law referred to in subsection (1), to have been performed or exercised by the Australian Border Force Commissioner.