Document ID: chunk:federal_register_of_legislation:C2004A04161:body:0:p7
Version: federal_register_of_legislation:C2004A04161
Segment Type: other
Provision Reference: 
Character Range: 15461–18236

54e of this Act to pay to the Commonwealth:

       (i) the cost of transporting the person and a custodian of

         the person to a processing area, or from one processing area to another; and

         (ii) the daily maintenance amount for each custody day until the person is removed from Australia; and

         (iii) the cost of transporting the person and a custodian of the person from the processing area or the place where the person has been kept in custody to the vessel on which the person is to leave Australia.

Restraint of unprocessed persons

  "54c. An officer may:

    (a)     keep an unprocessed person in custody until the person has been transported to a processing area or while the person is being transported from one processing area to another; and

    (b)     prevent an unprocessed person from leaving a processing area until he or she:

       (i) is granted an entry permit; or

      (ii) becomes a prohibited person;

     whichever happens first.

Prohibited persons

"54d. An unprocessed person becomes a prohibited person if the person:

    (a)     gives a written request to leave Australia to an authorised officer; or

    (b)     does not apply for an entry permit before the end of the prescribed period; or

  (c)     is refused an entry permit.

Maintenance of prohibited persons

"54e. (1) If an unprocessed person becomes a prohibited person, the master, owner, agent and charterer of the vessel on which the person travelled to Australia are jointly and severally liable to pay the Commonwealth:

    (a)     the cost of transporting the person and a custodian of the person to the processing area, or from one processing area to another; and

    (b)     the daily maintenance amount for each custody day until the person is removed from Australia; and

    (c)     the cost of transporting the person and a custodian of the person from the processing area or the place where he or she is being kept in custody to the vessel on which the prohibited person is to leave Australia.

"(2) Subsection (1) does not apply to the master, owner, agent or charterer of the vessel if the master, owner, agent or charterer was not

given a notice under subsection 54b (3) in relation to the prohibited person within 7 days after the prohibited person was first taken to a processing area as an unprocessed person.

Removal of prohibited persons

  "54f. (1) A prohibited person:

  (a)     must be removed from Australia as soon as practicable; and

    (b)     may be kept in custody as directed by an authorised officer until removed from Australia.

"(2) When an unprocessed person becomes a prohibited person, an authorised officer may, by written notice served on the master, owner, agent or charterer of the vessel on which the