(b) by omitting subsection (3)
16 (b) by omitting subsection (3)
Sections 64, 65 and 66 of the Principal Act are repealed and the following heading and sections are substituted: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:
in relation to a non-citizen’s detention:
the cost to the Commonwealth of transporting the non-citizen and a custodian of the non-citizen between a place where the non-citizen is detained and:
another place where the non-citizen is to be detained; or
a place from which the non-citizen is to be removed or deported; or
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
the daily maintenance amount for each day of the non-citizen’s detention; or
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.
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.
If:
2 non-citizens are the spouses of each other within the meaning of the regulations; and
they are both detained at the same time;
each of them is liable to pay the Commonwealth the costs of their detentions.
“(2) If:
2 non-citizens are the spouses of each other within the meaning of the regulations; and
they are both detained at the same time; and
their dependent child, or dependent children, within the meaning of the regulations are detained at that time;
then:
the child or children are not liable to pay the Commonwealth the costs of the child’s or children’s detention; and
the unlawful non-citizens are liable to pay the Commonwealth those costs.
“(3) If:
a non-citizen is detained at a particular time; and
the non-citizen either:
does not have a spouse within the meaning of the regulations; or
does not have such a spouse who is detained at that time; and
the non-citizen has a dependent child, or dependent children, within the meaning of the regulations detained at that time;
then:
the child or children are not liable to pay the Commonwealth the costs of their detention; and
the non-citizen is liable to pay to the Commonwealth those costs.
Costs of removed or deported spouses and dependants
“66C.
If:
2 persons are the spouses of each other within the meaning of the regulations; and
either:
they are both removed or deported; or
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:
2 persons are the spouses of each other within the meaning of the regulations; and
either:
they are both removed or deported; or
one is deported and the other is removed; and
their dependent child, or dependent children, within the meaning of the regulations are also removed;
then:
the child or children are not liable to pay the Commonwealth the costs of the child’s or children’s removal; and
the persons are liable to pay the Commonwealth those costs.
“(3) If:
a non-citizen is removed or deported; and
the non-citizen either:
does not have a spouse within the meaning of the regulations; or
does not have such a spouse who is deported or removed; and
the non-citizen has a dependent child, or dependent children, within the meaning of the regulations who are removed;
then:
the child or children are not liable to pay the Commonwealth the costs of their removal; and
the non-citizen is liable to pay the Commonwealth those costs.
Carriers may be liable for costs of detention, removal and deportation
“66D.
If a non-citizen who enters Australia:
is required to comply with section 54HM (immigration clearance); and
either:
does not comply; or
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:
if the non-citizen is detained—the costs of the non-citizen’s detention; and
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:
give particulars of the calculation of the costs; and
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 non-citizen is to be removed or deported; and
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.
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.
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:
that the defendant was prevented from complying with the notice because of stress of weather or other reasonable cause; or
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.
If:
a notice has been given under section 66H requiring the transport of an unlawful non-citizen to a country; and
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.
If:
the controller of a vessel is given a notice under section 66H to transport a non-citizen; and
the controller was a carrier of the non-citizen; and
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:
the controller of a vessel is given a notice under section 66H to transport a non-citizen; and
subsection (1) does not apply;
then:
the Commonwealth is liable to pay the controller’s costs of the transport; and
sections 66A to 66G apply to the transport and those costs.”.
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