Commonwealth Numbered Regulations

1985 No. 8 DEPARTURE TAX COLLECTION REGULATIONS (AMENDMENT) - REG 2

2. Regulation 11 of the Departure Tax Collection Regulations is amended-

   (a)  by adding at the end of sub-regulation (1) the following paragraphs:



"(n) a person who-

        (i)    is an Australian citizen;

        (ii)   is a traditional inhabitant in relation to Australia; and

        (iii)  is travelling in connection with the performance of traditional
               activities;

   (o)  a person who-

        (i)    is a citizen of Papua New Guinea whose continued presence in
               Australia is not subject to any limitation as to time imposed
               by law;

        (ii)   is a traditional inhabitant in relation to Papua New Guinea;
               and

        (iii)  is travelling in connection with the performance of traditional
               activities;

   (p)  a person who-

        (i)    is a citizen of Papua New Guinea;

        (ii)   is a traditional inhabitant in relation to Papua New Guinea;

        (iii)  entered a part of Australia that is in the Protected Zone or in
               an area in the vicinity of the Protected Zone in connection
               with the performance of traditional activities;

        (iv)   has not remained in Australia otherwise than in connection with
               the performance of traditional activities;

        (v)    has not, during the person's visit, entered a part of Australia
               other than a part of Australia that is in the Protected Zone or
               in an area in the vicinity of the Protected Zone; and

        (vi)   is not a person in respect of whom a declaration is in force
               under sub-section 8 (2) of the Migration Act 1958."; and

   (b)  by omitting sub-regulation (2) and substituting the following sub-
        regulation:



"(2) In this regulation-
'area in the vicinity of the Protected Zone' means an area in respect of which
a notice is in force under sub-section 5 (5A) of the Migration Act  1958 ;
'prescribed voyage', in relation to a person, means a voyage undertaken by the
person from a place outside Australia to a final destination outside
Australia, being a voyage in the course of which the person-

   (a)  has stopped over, or is scheduled to stop over, more than once at a
        place or places in Australia; and

   (b)  has not returned, or is not scheduled to return, more than once to the
        place where the person commenced the voyage;
'Protected Zone' means the zone established under Article 10 of the Torres
Strait Treaty, being the area bounded by the line described in Annex 9 to that
treaty;
'Torres Strait Treaty' means the Treaty between Australia and the Independent
State of Papua New Guinea that was signed at Sydney on 18 December 1978, being
the treaty a copy 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 .".