Passenger Movement Charge Act 1978

Act No. 118 of 1978 as amended

This compilation was prepared on 15 August 2012
taking into account amendments up to Act No. 94 of 2012

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Definitions.......................................................................................... 1

4............ Travel involving intermediate destinations.......................................... 2

5............ Imposition of passenger movement charge......................................... 3

6............ Rate of passenger movement charge................................................... 3

Notes                                                                                                                                               5

An Act to impose a charge in respect of the departure of persons from Australia

1  Short title [see Note 1]

                   This Act may be cited as the Passenger Movement Charge Act 1978.

2  Commencement [see Note 1]

                   This Act shall come into operation on a date to be fixed by Proclamation.

3  Definitions

                   In this Act:

Australia has the same meaning as in the Collection Act.

Collection Act means the Passenger Movement Charge Collection Act 1978.

external Territory has the same meaning as in the Collection Act.

Indian Ocean Territory means:

                     (a)  the Territory of Christmas Island; or

                     (b)  the Territory of Cocos (Keeling) Islands.

installation in the Joint Petroleum Development Area means a resources installation, or a sea installation, that is attached to the seabed in the Joint Petroleum Development Area.

Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003.

resources installation has the same meaning as in subsection 4(1) of the Customs Act 1901.

sea installation has the same meaning as in subsection 4(1) of the Customs Act 1901.

4  Travel involving intermediate destinations

             (1)  For the purposes of this Act, if:

                     (a)  a person departs from Australia for an external Territory; and

                     (b)  the person is not ordinarily resident in that external Territory; and

                     (c)  the person intends, at the time of the departure, to depart from that external Territory for another country, or for an installation in the Joint Petroleum Development Area, within 3 months after the departure from Australia;

the first‑mentioned departure is taken to be a departure of the person from Australia for that other country or for that installation, as the case requires.

             (2)  For the purposes of this Act (including subsection (1)), if:

                     (a)  a person departs from Australia for another country or for an installation in the Joint Petroleum Development Area; and

                     (b)  the person intends, at the time of the departure, to depart from that other country, or from an installation in the Joint Petroleum Development Area, for an external Territory within 7 days after the departure from Australia;

the first‑mentioned departure is taken to be a departure from Australia for that external Territory.

             (3)  For the purposes of this Act, if:

                     (a)  a person departs from an Indian Ocean Territory for another country or for an installation in the Joint Petroleum Development Area; and

                     (b)  the person intends, at the time of the departure, to depart from that other country, or from an installation in the Joint Petroleum Development Area, for a place in Australia other than that first‑mentioned Indian Ocean Territory within 7 days after the first‑mentioned departure;

the first‑mentioned departure is taken not to be a departure from Australia for another country or for an installation in the Joint Petroleum Development Area.

             (4)  For the purposes of this Act, if:

                     (a)  a person departs from a part of Australia other than an Indian Ocean Territory for another country or for an installation in the Joint Petroleum Development Area; and

                     (b)  the person intends, at the time of the departure, to depart from that other country, or from an installation in the Joint Petroleum Development Area, for an Indian Ocean Territory within 7 days after the first‑mentioned departure;

the first‑mentioned departure is taken not to be a departure from Australia for another country or for an installation in the Joint Petroleum Development Area.

5  Imposition of passenger movement charge

                   Charge, called passenger movement charge, is imposed in respect of the departure of a person from Australia:

                     (a)  for another country, after the commencement of this Act; or

                     (b)  for an installation in the Joint Petroleum Development Area, on or after 1 July 1995;

whether or not the person intends to return to Australia.

6  Rate of passenger movement charge

                   The rate of charge imposed by this Act in respect of the departure of a person from Australia is $55.

Notes to the Passenger Movement Charge Act 1978

Note 1

The Passenger Movement Charge Act 1978 as shown in this compilation comprises Act No. 118, 1978 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 30 June 1998 is not included in this compilation. For subsequent information see Table A.

Table of Acts

(a)     The Passenger Movement Charge Act 1978 was amended by Schedule 2 (item 37) only of the Timor Gap Treaty (Transitional Arrangements) Act 2000, subsection 2(2) of which provides as follows:

                 (2)   Sections 3 to 7 and Schedules 1 and 2 (other than items 18 to 25 of Schedule 2) are taken to have commenced at the transition time. [see Table A]

Table of Amendments

Table A

Application, saving or transitional provisions

Passenger Movement Charge Amendment Act 1998 (No. 66, 1998)

2  Application

The amendment of the Passenger Movement Charge Act 1978 made by this Act applies in relation to the departure of a person from Australia on or after 1 January 1999.

Timor Gap Treaty (Transitional Arrangements) Act 2000 (No. 25, 2000)

4  The transition time

                   In this Act:

transition time means 1.23 am Australian Central Standard Time on 26 October 1999.

Note:          This time corresponds to the time in New York when the United Nations Security Council adopted Resolution 1272 (1999), which established UNTAET and gave it responsibility for the administration of East Timor. In 2000 the text of the Resolution was available in the Library of the Department of Foreign Affairs and Trade and accessible on the Internet through the Department’s or the United Nations’ world‑wide web site.

Passenger Movement Charge Amendment Act 2001 (No. 79, 2001)

Schedule 1

2  Application

The amendment of section 6 of the Passenger Movement Charge Act 1978 made by this Schedule applies in relation to the departure of a person from Australia on or after 1 July 2001, unless:

                     (a)  the person departs using a ticket or equivalent authority; and

                     (b)  the ticket or authority was sold or issued before 1 July 2001.

Passenger Movement Charge Amendment Act 2008 (No. 58, 2008)

Schedule 1

2  Application

The amendment made by item 1 applies in relation to the departure of a person from Australia on or after 1 July 2008, unless:

                     (a)  the person departs using a ticket or equivalent authority; and

                     (b)  the ticket or authority was sold or issued before 1 July 2008.

Passenger Movement Charge Amendment Act 2012 (No. 94, 2012)

Schedule 1

2  Application provision

The amendment made by item 1 applies in relation to the departure of a person from Australia on or after 1 July 2012, unless:

                     (a)  the person departs using a ticket or equivalent authority; and

                     (b)  the ticket or authority was sold or issued before 1 July 2012.