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.
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.