Commonwealth Consolidated Acts

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978 - SECT 3

                   In this Act, unless the contrary intention appears:

"aircraft " means any machine or craft that can derive support in the atmosphere from the reactions of the air.

"Australia" includes:

                     (a)  the Territory of Christmas Island; and

                     (b)  the Territory of Cocos (Keeling) Islands;

but does not include any external Territory.

authorised officer means:

                     (a)  an officer of Customs; or

                     (b)  any other person authorised in writing by the Chief Executive Officer of Customs to be an authorised officer for the purposes of this Act.

"charge means the charge, called passenger movement charge" , imposed by the Passenger Movement Charge Act 1978 .

"charge stamp" means a charge stamp issued under this Act.

"child" : without limiting who is a child of a person for the purposes of this Act, each of the following who is under 18 years old is the child of a person:

                     (a)  an adopted child, stepchild or exnuptial child of the person;

                     (b)  someone who is a child of the person within the meaning of the Family Law Act 1975 .

"crew member" , in relation to an aircraft or a ship, includes the person in charge of the aircraft or ship.

de facto partner has the meaning given by the Acts Interpretation Act 1901 .

"emergency passenger " means a person:

                     (a)  who arrives in Australia as a passenger on an aircraft or a ship only because of:

                              (i)  the illness of a person (including that person) on board the aircraft or ship; or

                             (ii)  bad weather conditions; or

                            (iii)  another kind of emergency; and

                     (b)  who departs from Australia as soon as it is reasonably practicable for the person to do so.

"exemption stamp" means a stamp issued under this Act for denoting exemption from liability to charge.

"external Territory" does not include:

                     (a)  the Territory of Christmas Island; or

                     (b)  the Territory of Cocos (Keeling) Islands.

"Joint Petroleum Development Area has the same meaning as in the Petroleum ( Timor Sea" Treaty) Act 2003 .

"officer of Customs " has the same meaning as in subsection 4(1) of the Customs Act 1901 .

"petroleum " has the same meaning as in the Timor Sea Treaty.

"petroleum activities" has the same meaning as in the Timor Sea Treaty.

"positioning crew member " means:

                     (a)  a passenger on an aircraft whose departure from Australia is undertaken for the purpose of later becoming a crew member of that aircraft, another aircraft or a ship; or

                     (b)  a passenger on a ship whose departure from Australia is undertaken for the purpose of later becoming a crew member of that ship or another ship.

"refund" means refund of charge under this Act.

"ship " means any vessel used in navigation, other than air navigation.

"spouse" of a person includes a de facto partner of the person.

"stepchild" : without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person's stepchild except that the person is not legally married to the person's de facto partner.

"Timor Sea Treaty" means the Treaty defined by subsection 5(1) of the Petroleum ( Timor Sea Treaty) Act 2003 .

"Torres Strait Treaty" means the Treaty between Australia and the Independent State of Papua New Guinea:

                     (a)  that was signed at Sydney on 18 December 1978; and

                     (b)  the text of which is set out in the Schedule to the Torres Strait Fisheries Act 1984 .

"traditional activities" has the same meaning as in the Torres Strait Treaty.

"traditional inhabitants has the same meaning as in the Torres Strait" Fisheries Act 1984 .

"transit passenger" means a person who arrives in Australia from a place outside Australia for the purpose only of a journey from that place to a place outside Australia and who departs from Australia:

                     (a)  in the case of a person who arrives in Australia on an aircraft and who departs from Australia on that aircraft or another aircraft:

                              (i)  without being immigration cleared within the meaning of section 172 of the Migration Act 1958 ; or

                             (ii)  if the person is so immigration cleared to enter Australia for reasons beyond the person's control--as soon as it is reasonably practicable for the person to do so after those reasons no longer exist; or

                     (b)  in any other case:

                              (i)  less than 48 hours after the person arrived in Australia; or

                             (ii)  if the person is prevented from departing from Australia less than 48 hours after the person arrived in Australia for reasons beyond the person's control--as soon as it is reasonably practicable for the person to do so after those reasons no longer exist.