Migration Act 1958

A person who:

is, or has been, detained under section 189; and

was on board a vessel (not being an aircraft) when it was used in connection with the commission of an offence against this Act or against a prescribed law in force in the Commonwealth or in a State or Territory, being a law relating to the control of fishing; and

is convicted of the offence;

the amount applicable to the person under subsection (2) for the cost of keeping and maintaining the person while the person is in immigration detention; and

the cost of transporting the person, and a person holding the person, from the vessel to the place of immigration detention; and

the cost of transporting the person, and a person holding the person, between places of immigration detention; and

if the person is returned to the vessel or another vessel—the cost of transporting the person, and a person holding the person, from the place of immigration detention to the vessel or that other vessel; and

if the person is, or is to be, removed from Australia at the expense of the Commonwealth—the cost of that removal (including the cost of transporting a person holding the person).

The Minister may, by legislative instrument, determine a daily amount for the keeping and maintaining of a person in immigration detention at a specified place in a specified period.

An amount determined under subsection (2) is to be no more than the cost to the Commonwealth of detaining a person at that place in that period.

To avoid doubt, the liability to pay the Commonwealth an amount under subsection (1) may be enforced:

at the time the person is convicted of an offence mentioned in paragraph (1)(b); or

after the person has served the whole or a part of any sentence imposed upon the person because of his or her conviction of an offence mentioned in paragraph (1)(b).