Commonwealth Numbered Acts

MIGRATION AMENDMENT ACT 1987 No. 133, 1987 - SECT 7

7. After section 34 of the Principal Act the following section is inserted:
Immigration clearance fee

"34A. (1) Where a passenger, other than a prescribed passenger, travels to
Australia on an overseas flight, the passenger shall pay the prescribed fee
for immigration clearance of that passenger by an officer at the airport at
which the passenger intends to enter Australia.

"(2) The fee shall be collected by the international air operator operating
the flight.

"(3) The international air operator shall pay to the Commonwealth the amount
of the fee payable by a passenger, whether or not the operator has collected
that amount from the passenger.

"(4) An amount payable to the Commonwealth by an international air operator
under subsection (3) is a debt due to the Commonwealth and may be recovered in
a court of competent jurisdiction.

"(5) In proceedings for the recovery of an amount from an international air
operator under this section, passenger cards relating to the passengers
carried to Australia on an overseas flight operated by that operator,
furnished in accordance with the regulations, are prima facie evidence of the
number of passengers carried to Australia on that overseas flight and of any
matters specified in those cards in relation to those passengers.

"(6) In this section:
'international air operator' means a person, organisation or enterprise
operating an overseas flight on which passengers are carried or, where that
person, organisation or enterprise does not have an office or place of
business in Australia, the Australian agent of that person, organisation or
enterprise;
'overseas flight' means a flight that commenced at, or during which the
aircraft called at, a place outside Australia;
'passenger' means a person (whether an Australian citizen or not) who travels
to Australia as a passenger on an aircraft operated by an international air
operator.".