Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p44
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 109597–112300

give particulars of the calculation of the costs; and

    (b)     state that an account for the costs will be given to at least one of the carriers of the non-citizen when they have been incurred.

"(3) If a notice is given, each carrier of the non-citizen is liable to pay the Commonwealth the costs described in the notice and for which an account is given.

Non-citizens and carriers jointly liable

"66E. If, under this Division, 2 or more persons are liable to pay the Commonwealth the costs of a non-citizen's detention, removal or deportation they are jointly and severally liable to pay those costs.

Costs are debts due to the Commonwealth

"66F. Without limiting any other provision of this Act, costs payable by a person to the Commonwealth under this Division may be recovered by the. Commonwealth as a debt due to the Commonwealth in a court of competent jurisdiction.

Use of existing ticket for removal or deportation

  "66G. If:

  (a)     a non-citizen is to be removed or deported; and

    (b)     the non-citizen or another person holds a ticket for the conveyance of the non-citizen from a place within Australia to a place outside Australia;

the Secretary may, on behalf of the ticket holder arrange (with or without the ticket holder's consent) for the ticket to be applied for or towards the conveyance of the non-citizen.

Vessels required to convey removed or deported non-citizens

"66H.(1) If a person is to be removed or deported, the Secretary may give the controller of a vessel or vessels a written notice requiring the controller to transport the person from Australia to a destination of the vessel or one of the vessels specified in the notice.

"(2) Subject to sections 66J and 66K, the controller must comply with the notice within 72 hours of the giving of the notice or such further term as the Secretary allows.

Penalty: $10,000.

Exemption from complying

"66J.(1) It is a defence to a prosecution for an offence against section 66H of failing to comply with a notice to transport a non-citizen if the defendant proves:

    (a)     that the defendant was prevented from complying with the notice because of stress of weather or other reasonable cause; or

    (b)     the defendant gave reasonable notice to the Secretary of the person's willingness to receive the non-citizen on board a specified vessel at a specified port on a specified day within 72 hours of the giving of the notice for removal or 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