Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p69
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 69/79)
Character Range: 593394–596108

as an unlawful non‑citizen, the primary sponsored person or the secondary sponsored person from Australia; and
 (b) if the Minister has requested the payment of the costs by written notice in the manner specified in subregulation (5); and
 (c) if the costs were incurred by the Commonwealth within the period mentioned in subregulation (6).
 (3) However, if the person has already paid the costs of return travel in accordance with the sponsorship obligation mentioned in regulation 2.80 (the return costs), the person is liable to pay to the Commonwealth only the difference between:
 (a) the lesser of:
 (i) the actual costs incurred by the Commonwealth in taking 1 or more of the actions mentioned in paragraph (2)(a); or
 (ii) the costs up to the limit prescribed under paragraph 140J(1)(a) of the Act, as prescribed in subregulation (4); and
 (b) the return costs that have already been paid by the person.
 (4) For paragraph 140J(1)(a) of the Act, the limit in relation to the obligation at subregulation (2) is $10 000.
 (5) For paragraph (2)(b), the notice from the Minister requesting the payment of costs must:
 (a) be given using a method mentioned in section 494B of the Act; and
 (b) specify a date for compliance not earlier than 7 days after the date a person will be taken, by section 494C of the Act, to have received the notice.
 (6) For paragraph 2 (c):
 (a) in relation to a primary sponsored person—the period within which the Commonwealth must incur the costs:
 (i) starts on the day on which the primary sponsored person becomes an unlawful non‑citizen; and
 (ii) ends at the moment when the primary sponsored person leaves Australia; and
 (b) in relation to a secondary sponsored person—the period within which the Commonwealth must incur the costs:
 (i) starts on the day on which the secondary sponsored person becomes an unlawful non‑citizen; and
 (ii) ends at the moment when the secondary sponsored person leaves Australia.
 (7) The obligation mentioned in subregulation (2):
 (a) in relation to a primary sponsored person:
 (i) starts to apply on the day on which the primary sponsored person becomes an unlawful non‑citizen; and
 (ii) ends 5 years after the time at which the primary sponsored person leaves Australia; and
 (b) in relation to a secondary sponsored person:
 (i) starts to apply on the day on which the secondary sponsored person becomes an unlawful non‑citizen; and
 (ii) ends 5 years after the time at which the secondary sponsored person leaves Australia.
 (8) In this regulation:
costs, in relation to the removal of a former primary sponsored person or a former secondary sponsored person from Australia, has the same meaning as in paragraph (b) of the definition