Document ID: chunk:federal_register_of_legislation:C2019C00286:section:5
Version: federal_register_of_legislation:C2019C00286
Segment Type: section
Provision Reference: s 5
Character Range: 7492–10054

5  Persons exempt from passenger movement charge
  A person departing from Australia does not have to pay the charge in relation to his or her departure if, at the time of his or her departure, the person:
 (a) is under 12 years old; or
 (b) is a traditional inhabitant whose departure is undertaken in connection with the performance of traditional activities; or
 (c) is a member of the defence force of a country other than Australia whose departure is undertaken:
 (i) in the course of his or her duty as such a member; and
 (ii) on an aircraft or a ship of a defence force; or
 (d) is a spouse or a child:
 (i) of a member of the defence force of a country other than Australia to whom paragraph (c) applies; and
 (ii) whose departure from Australia is undertaken in the company of the member; or
 (e) is a crew member of an aircraft or a ship whose departure from Australia is on the aircraft or ship; or
 (f) is a spouse or a child:
 (i) of a crew member of a ship to whom paragraph (e) applies; and
 (ii) whose departure from Australia is undertaken in the company of the member; or
 (g) is a positioning crew member; or
 (h) is a transit passenger; or
 (i) is an emergency passenger; or
 (j) is in the course of a journey that has involved a previous departure by the person from Australia by ship in respect of which the person paid the charge; or
 (k) does not have to pay the charge because of the operation of:
 (i) the Consular Privileges and Immunities Act 1972; or
 (ii) the Diplomatic Privileges and Immunities Act 1967; or
 (iii) the International Organisations (Privileges and Immunities) Act 1963; or
 (iv) the Overseas Missions (Privileges and Immunities) Act 1995; or
 (l) is a passenger whose departure from Australia is undertaken for the purpose of travelling to the Greater Sunrise special regime area (within the meaning of the Seas and Submerged Lands Act 1973) in connection with Petroleum Activities (within the meaning of the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time); or
 (m) is a protective service officer (as defined in the Australian Federal Police Act 1979) on an aircraft for the purpose of enhancing the security of the aircraft.
Note: The Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).