Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p43
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 106946–109815

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 Commonwealth those costs.

Costs of removed or deported spouses and dependants

  "66C.(1) If:

     (a) 2 persons are the spouses of each other within the meaning of the regulations; and

  (b) either:

       (i) they are both removed or deported; or

      (ii) one of them is deported and the other is removed;

each of them is liable to pay the Commonwealth the costs of their removals, their deportations, or the deportation and removal.

  "(2) If:

     (a)     2 persons are the spouses of each other within the meaning of the regulations; and

  (b)     either:

      (i) they are both removed or deported; or

      (ii) one is deported and the other is removed; and

     (c) their dependent child, or dependent children, within the meaning of the regulations are also removed;

then:

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

  (e)     the persons are liable to pay the Commonwealth those costs.

  "(3) If:

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

    (c) the non-citizen has a dependent child, or dependent children, within the meaning of the regulations who are removed;

then:

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

  (e)     the non-citizen is liable to pay the Commonwealth those costs.

Carriers may be liable for costs of detention, removal and deportation

  "66D.(1) If a non-citizen who enters Australia:

     (a)     is required to comply with section 54HM (immigration clearance); and

   (b)     either:

       (i) does not comply; or

          (ii) on complying, is detained under section 54W as an unlawful non-citizen;

then, as soon as practicable after the Secretary becomes aware that paragraphs (a) and (b) apply to the non-citizen, the Secretary may give a carrier of the non-citizen a written notice requiring the carriers of the non-citizen to pay:

    (c)     if the non-citizen is detained—the costs of the non-citizen's detention; and

    (d)     if the non-citizen is removed or deported from Australia, the costs of the non-citizen's removal or deportation.

  "(2) The notice is to:

  (a)     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