Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p42
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 104404–107196

law); or

          (ii) the daily maintenance amount for each day of the non-citizen's detention; or

    (b) 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.(1) 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.(1) If:

    (a)     2 non-citizens are the spouses of each other within the meaning of the regulations; and

  (b)     they are both detained at the same time;

each of them is liable to pay the Commonwealth the costs of their detentions.

  "(2) If:

    (a)     2 non-citizens are the spouses of each other within the meaning of the regulations; and

  (b)     they are both detained at the same time; and

    (c)     their dependent child, or dependent children, within the meaning of the regulations are detained at that time;

then:

    (c)     the child or children are not liable to pay the Commonwealth the costs of the child's or children's detention; and

    (d)     the unlawful non-citizens are liable to pay the Commonwealth those costs.

  "(3) If:

  (a)     a non-citizen is detained at a particular time; and

  (b)     the non-citizen either:

         (i) does not have a spouse within the meaning of the regulations; or

         (ii) does not have such a spouse who is detained at that time; and

     (c) the non-citizen has a dependent child, or dependent children, within the meaning of the regulations detained at that time;

then:

     (d)     the child or children are not liable to pay the Commonwealth the costs of their detention; and

     (e)     the non-citizen is liable to pay to the