Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p45
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 112046–114801

deportation, but the non-citizen was not made available at that port on that date for boarding the vessel.

Waiver of requirement

  "66K.(1) If:

    (a)     a notice has been given under section 66H requiring the transport of an unlawful non-citizen to a country; and

    (b)     the government of that country notifies the Minister that the non-citizen would not be permitted to enter that country;

the Minister is to give the controller written notice revoking the notice under that section.

"(2) The revocation of a notice does not prevent another notice under section 66H or affect any liability for costs.

Cost of removal under notice

  "66L.(1) If:

     (a)     the controller of a vessel is given a notice under section 66H to transport a non-citizen; and

   (b)     the controller was a carrier of the non-citizen; and

   (c)     paragraphs 66D(1)(a) and (b) apply to the non-citizen;

then the Commonwealth is not liable for the costs of transporting the non-citizen.

  "(2) If:

     (a) the controller of a vessel is given a notice under section 66H to transport a non-citizen; and

   (b) subsection (1) does not apply;

then:

      (c)     the Commonwealth is liable to pay the controller's costs of the transport; and

   (d)     sections 66A to 66G apply to the transport and those costs.".

17. Section 77 of the Principal Act is repealed and the following sections are substituted:

Carriage of concealed persons to Australia

"77.(1) The master, owner, agent and charterer of a vessel are each guilty of an offence against this section if an unlawful non-citizen is concealed on the vessel when it arrives in Australia.

"(2) Subsection (1) does not apply to an unlawful non-citizen if the master of the vessel:

    (a)     as soon as it arrives at a port, gives notice to an officer that the non-citizen is on board; and

    (b)     prevents the non-citizen from landing without an officer having had an opportunity to question the non-citizen.

Penalty: $10,000.

Master of vessel to comply with certain requests

"77A.(1) The master of a vessel arriving in Australia must comply with any request by an authorised officer to:

    (a)     give the authorised officer a list of all persons on the vessel and prescribed particulars of each of them; or

    (b)    gather together those persons or such of them as are specified by the officer; or

    (c)     make sure of the disembarkation from the vessel of those persons or such of them as are specified by the officer.

  "(2) If:

  (a)     a person is on a vessel that has arrived in Australia; and

    (b)     that person's name is not on a list of persons on the vessel given under subsection (1);

the person is taken, for the purposes of section 77, to have been