Document ID: chunk:federal_register_of_legislation:C2004A04161:body:0:p9
Version: federal_register_of_legislation:C2004A04161
Segment Type: other
Provision Reference: 
Character Range: 20478–23162

absence; or

      (iii) escapes from custody; and

     (b) take the person to the processing area, or keep the person in custody, as directed by an authorised officer.

Daily maintenance amount

"54h. (1) For the purposes of this Division, the Minister may, by notice published in the Gazette, determine, in relation to each State and Territory, a daily maintenance amount in relation to the State or Territory.

"(2) In making a determination under subsection (1) in respect of a State or Territory, the Minister must have regard to the cost to the Commonwealth of persons kept in custody in that State or Territory on behalf of the Commonwealth.

"(3) An amount payable 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.

 "(4) In this Division:

'custody day', in relation to a person, means a day during the whole of which the person is or was in custody, or in a processing area, or partly in custody and partly in a processing area;

'daily maintenance amount', in relation to a custody day in relation to a person, means the daily maintenance amount most recently determined by the Minister under subsection (1) before that day, in relation to the State or Territory in which the person was, on that day, in custody, or in a processing area, or partly in custody and partly in a processing area;

'day' means a period of 24 hours ending at midnight.".

Deportation of illegal entrants

15. Section 60 of the Principal Act is amended by adding at the end of subsection (2) "unless the person consents, in writing, to being deported sooner".

Deportation order to be executed

16. Section 63 of the Principal Act is amended by adding at the end the following subsection:

"(3) If a person who is the subject of a deportation order leaves Australia voluntarily before the order is executed, the person is taken, for the purposes of this Act, to have been deported in accordance with the order.".

Carriage of persons to Australia without documentation

17. Section 76 of the Principal Act is amended by omitting from subsection (2) "$5,000" and substituting "$10,000".

Custody of prohibited entrant during stay of vessel in port

  18. Section 88 of the Principal Act is amended:

    (a)     by omitting from subsection (1) "to be seeking to enter Australia in circumstances in which the person would become an illegal entrant" and substituting "would become an illegal entrant if the person were to enter Australia (whether or not the person is seeking to enter Australia)";

    (b)    by inserting in subsections (1) and (2) "or until the person is granted an entry permit"