MIGRATION REFORM ACT 1992 No. 184, 1992 - SECT 16
MIGRATION REFORM ACT 1992 No. 184, 1992 - SECT 16
16. Sections 64, 65 and 66 of the Principal Act are repealed and the following
heading and sections are substituted:
"Division 5A-Costs etc. of detention, removal and deportation Interpretation
"64. In this Division:
'carrier', in relation to an unlawful non-citizen, means a controller of the
vessel on which the non-citizen was last brought to Australia;
'controller', in relation to a vessel, means the master, owner, agent or
charterer of the vessel;
'costs' means:
(a) in relation to a non-citizen's detention:
(i) the cost to the Commonwealth of transporting thenon-citizen and
a custodian of the non-citizen between a place where the
non-citizen is detained and:
(A) another place where the non-citizen is to be detained; or
(B) a place from which the non-citizen is to be removed or
deported; or
(C) a place at which the non-citizen is to be released from
detention (whether or not the person is to be arrested,
or taken into custody, under another law); or
(ii) the daily maintenance amount for each day of thenon-citizen's
detention; or
(b) in relation to a non-citizen's removal or deportation, the fares and
other costs to the Commonwealth of transporting the non-citizen and a
custodian of the non-citizen from Australia to the place outside
Australia to which the non-citizen is removed or deported;
'daily maintenance amount', in relation to a non-citizen and a day and place,
means the amount determined under section 65 as the daily maintenance amount
for non-citizens detained at that place in the period in which the day falls.
Determination of daily maintenance amount
"65.(1) The Minister may determine in writing a daily amount for the
maintenance of a non-citizen detained at a specified place in a specified
period.
"(2) An amount determined is to be no more than the cost to the Commonwealth
of detaining a person at that place in that period. Detainees liable for costs
of detention
"66. Subject to section 66C, a non-citizen who is detained is liable to pay
the Commonwealth the costs of his or her detention. Removed or deported
non-citizen liable for costs of removal or deportation
"66A. Subject to section 66D, a non-citizen who is removed or deported, other
than an unlawful non-citizen who came to Australia on a criminal justice visa,
is liable to pay the Commonwealth the costs of his or her removal or
deportation. Costs of detained spouses and dependants
"66B.(1) If:
(a) 2 non-citizens are the spouses of each other within the meaning of the
regulations; and
(b) they are both detained at the same time; each of them is liable to pay
the Commonwealth the costs of their detentions.
"(2) If:
(a) 2 non-citizens are the spouses of each other within the meaning of the
regulations; and
(b) they are both detained at the same time; and
(c) their dependent child, or dependent children, within the meaning of
the regulations are detained at that time; then:
(c) the child or children are not liable to pay the Commonwealth the costs
of the child's or children's detention; and
(d) the unlawful non-citizens are liable to pay the Commonwealth those
costs.
"(3) If:
(a) a non-citizen is detained at a particular time; and
(b) the non-citizen either:
(i) does not have a spouse within the meaning of the regulations;
or
(ii) does not have such a spouse who is detained at that time; and
(c) the non-citizen has a dependent child, or dependent children, within
the meaning of the regulations detained at that time; then:
(d) the child or children are not liable to pay the Commonwealth the costs
of their detention; and
(e) the non-citizen is liable to pay to the Commonwealth those costs.
Costs of removed or deported spouses and dependants
"66C.(1) If:
(a) 2 persons are the spouses of each other within the meaning of the
regulations; and
(b) either:
(i) they are both removed or deported; or
(ii) one of them is deported and the other is removed; each of them
is liable to pay the Commonwealth the costs of their removals,
their deportations, or the deportation and removal.
"(2) If:
(a) 2 persons are the spouses of each other within the meaning of the
regulations; and
(b) either:
(i) they are both removed or deported; or
(ii) one is deported and the other is removed; and
(c) their dependent child, or dependent children, within the meaning of
the regulations are also removed; then:
(d) the child or children are not liable to pay the Commonwealth the costs
of the child's or children's removal; and
(e) the persons are liable to pay the Commonwealth those costs.
"(3) If:
(a) a non-citizen is removed or deported; and
(b) the non-citizen either:
(i) does not have a spouse within the meaning of the regulations;
or
(ii) does not have such a spouse who is deported or removed; and
(c) the non-citizen has a dependent child, or dependent children, within
the meaning of the regulations who are removed; then:
(d) the child or children are not liable to pay the Commonwealth the costs
of their removal; and
(e) the non-citizen is liable to pay the Commonwealth those costs.
Carriers may be liable for costs of detention, removal and deportation
"66D.(1) If a non-citizen who enters Australia:
(a) is required to comply with section 54HM (immigration clearance); and
(b) either:
(i) does not comply; or
(ii) on complying, is detained under section 54W as an unlawful
non-citizen; then, as soon as practicable after the Secretary
becomes aware that paragraphs (a) and (b) apply to the
non-citizen, the Secretary may give a carrier of the
non-citizen a written notice requiring the carriers of the
non-citizen to pay:
(c) if the non-citizen is detained-the costs of the non-citizen's
detention; and
(d) if the non-citizen is removed or deported from Australia, the costs of
the non-citizen's removal or deportation.
"(2) The notice is to:
(a) give particulars of the calculation of the costs; and
(b) state that an account for the costs will be given to at least one of
the carriers of the non-citizen when they have been incurred.
"(3) If a notice is given, each carrier of the non-citizen is liable to pay
the Commonwealth the costs described in the notice and for which an account is
given. Non-citizens and carriers jointly liable
"66E. If, under this Division, 2 or more persons are liable to pay the
Commonwealth the costs of a non-citizen's detention, removal or deportation
they are jointly and severally liable to pay those costs. Costs are debts due
to the Commonwealth
"66F. Without limiting any other provision of this Act, costs payable by a
person to the Commonwealth under this Division may be recovered by the
Commonwealth as a debt due to the Commonwealth in a court of competent
jurisdiction. Use of existing ticket for removal or deportation
"66G. If:
(a) a non-citizen is to be removed or deported; and
(b) the non-citizen or another person holds a ticket for the conveyance of
the non-citizen from a place within Australia to a place outside
Australia; the Secretary may, on behalf of the ticket holder arrange
(with or without the ticket holder's consent) for the ticket to be
applied for or towards the conveyance of the non-citizen. Vessels
required to convey removed or deported non-citizens
"66H.(1) If a person is to be removed or deported, the Secretary may give the
controller of a vessel or vessels a written notice requiring the controller to
transport the person from Australia to a destination of the vessel or one of
the vessels specified in the notice.
"(2) Subject to sections 66J and 66K, the controller must comply with the
notice within 72 hours of the giving of the notice or such further term as the
Secretary allows. Penalty: $10,000. Exemption from complying
"66J.(1) It is a defence to a prosecution for an offence against section 66H
of failing to comply with a notice to transport a non-citizen if the defendant
proves:
(a) that the defendant was prevented from complying with the notice
because of stress of weather or other reasonable cause; or
(b) the defendant gave reasonable notice to the Secretary of the person's
willingness to receive the non-citizen on board a specified vessel at
a specified port on a specified day within 72 hours of the giving of
the notice for removal or deportation, but the non-citizen was not
made available at that port on that date for boarding the vessel.
Waiver of requirement
"66K.(1) If:
(a) a notice has been given under section 66H requiring the transport of
an unlawful non-citizen to a country; and
(b) the government of that country notifies the Minister that the
non-citizen would not be permitted to enter that country; the Minister
is to give the controller written notice revoking the notice under
that section.
"(2) The revocation of a notice does not prevent another notice under section
66H or affect any liability for costs. Cost of removal under notice
"66L.(1) If:
(a) the controller of a vessel is given a notice under section 66H to
transport a non-citizen; and
(b) the controller was a carrier of the non-citizen; and
(c) paragraphs 66D(1)(a) and (b) apply to the non-citizen; then the
Commonwealth is not liable for the costs of transporting the
non-citizen.
"(2) If:
(a) the controller of a vessel is given a notice under section 66H to
transport a non-citizen; and
(b) subsection (1) does not apply; then:
(c) the Commonwealth is liable to pay the controller's costs of the
transport; and
(d) sections 66A to 66G apply to the transport and those costs.".
