Document ID: chunk:federal_register_of_legislation:C2004A04161:body:0:p8
Version: federal_register_of_legislation:C2004A04161
Segment Type: other
Provision Reference: 
Character Range: 17988–20732

as directed by an authorised officer until removed from Australia.

"(2) When an unprocessed person becomes a prohibited person, an authorised officer may, by written notice served on the master, owner, agent or charterer of the vessel on which the person travelled to Australia, require the master, owner, agent or charterer to remove the person from Australia at no cost to the Commonwealth, whether or not the person is able or willing to pay, or agrees to pay, a charge for his or her removal from Australia.

  "(3) The master, owner, agent or charterer must:

     (a)     give reasonable notice to an authorised officer of his or her willingness to receive the prohibited person on board a specified vessel, at a specified place and time, for removal from Australia, being a time not later than 72 hours after the notice was served; and

     (b)    if the prohibited person is made available in the custody of an officer at that place and time—remove the prohibited person from Australia at no cost to the Commonwealth, whether or not the prohibited person is able or willing to pay, or agrees to pay, a charge for his or her removal from Australia.

Penalty: $10,000.

"(4) Subsection (3) does not apply to the master, owner, agent or charterer unless:

     (a)     a notice under subsection 54b (3) in relation to the prohibited person was served on one of them within 7 days after the person was first taken to a processing area as an unprocessed person; and

     (b)     a notice under subsection (2) of this section in relation to the person was served on one of them.

"(5) Failure to serve a notice in relation to a person under subsection (2) of this section or subsection 54b (3) does not prevent the person from being removed from Australia in accordance with arrangements made by an authorised officer.

Officers' powers of arrest

  "54g. An officer may:

     (a) without warrant, arrest an unprocessed person or a prohibited person who:

       (i) leaves a processing area:

              (a) without being required to do so by an authorised officer; or

             (b) without having been given written permission by an authorised officer to be temporarily absent from the processing area for a prescribed purpose; or

         (ii) having been given written permission by an authorised officer to be temporarily absent from a processing area for a prescribed purpose, refuses or fails to return to the processing area before the end of that period of temporary 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