Document ID: chunk:federal_register_of_legislation:C2019C00286:section:9
Version: federal_register_of_legislation:C2019C00286
Segment Type: section
Provision Reference: s 9
Character Range: 12864–14425

9  Refunds of passenger movement charge
 (1) A person is entitled to a refund of charge paid by the person if:
 (a) the departure in respect of which the charge was paid does not take place;
 (b) the departure in respect of which the charge was paid takes place, but the person returns to Australia without having entered another country;
 (c) by virtue of section 5, charge was not payable in respect of the departure in respect of which the charge was paid; or
 (d) the person is entitled to a refund under the regulations.
 (2) If an authorised officer, by instrument in writing, so directs, a refund to which a person is entitled by virtue of subsection (1) shall be applied in discharge of the liability of the person for charge payable by the person in respect of a departure specified in the instrument, and a refund that is so applied shall be deemed to have been paid to the person.
 (3) A person shall not:
 (a) obtain a refund that is not payable;
 (b) make a statement, in or in connection with a claim for a refund, reckless as to the fact that the statement is false or misleading in a material particular; or
 (c) present a document, in connection with an application for a refund, reckless as to the fact that the document is false or misleading in a material particular.
Penalty: 5 penalty units.
 (4) Where a person is convicted of an offence against subsection (3), the court may, in addition to imposing a penalty under that subsection, order the person to repay to the Commonwealth the amount of any refund incorrectly paid to the person.