Risk, governance and compliance – the new immigration law regulatory environment

The merger of the Department of Immigration and Border Protection with the Australian Customs and Border Protection Service (the Department) and the establishment of the Australian Border Force as the operational enforcement arm, reflects a new regulatory environment.

The Department is now an enforcement agency, and in some contexts, a criminal law enforcement agency.  It employs sophisticated risk assessments through visa programs, and works with other government agencies and international partners to ensure compliance and to deliver enforcement outcomes.

The Australian Border Force Commissioner has significant powers held concurrently with the Secretary of the Department and the same standing as other heads of key national security related agencies, such as the Commissioner of the Australian Federal Police.  The Department has extensive powers to conduct its work in enforcing Australia's sovereignty at the border through the application of Australia's immigration