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Departure Fee Act 1980 (NI)

Act No. 14 of 1980
Other document - Other as made
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure and Regional Development
Registered 02 Dec 2015
Date of repeal 01 Jul 2016
Repealed by Norfolk Island Continued Laws Amendment Ordinance 2015

 

NORFOLK                            ISLAND

 

 

DEPARTURE FEE ACT 1980

 

                             [Consolidated as at 20 December 2013

                              on the authority of the Administrator

                                          and in accordance with

                               the Enactments Reprinting Act 1980]

________

 

TABLE OF PROVISIONS

 

      1.         Short title

      2.         Commencement

      3.         Imposition of departure fee

      4.         Repeal


 

NORFOLK                            ISLAND

 

 

Departure Fee Act 1980

________________________________________________________________________

 

An Act to impose a fee on certain persons departing from Norfolk Island

 

Short title

            1.         This Act may be cited as the Departure Fee Act 1980.

Commencement

            2.         This Act shall come into operation on a date fixed by the Administrator by notice published in the Gazette.

Imposition of departure fee

            3.     (1)            Subject to subsection 3(2) a person who intends to leave Norfolk Island, either temporarily or permanently, shall immediately before his departure pay to the Administration a fee, if any, as prescribed.

                  (1A)     A person who refuses to pay to the Administration the fee referred to in subsection 3(1) is guilty of an offence.

Penalty:     2 penalty units.

                  (2)        Subsection 3(1) does not apply to —

                  (a)        the Head of State of a country and a person accompanying him in an official capacity; or

                  (b)        a person under the age of 16 years; or

                  (c)        a member of the Defence Force of Australia or a member of the armed forces of another country who has been engaged in Norfolk Island in the course of his or her duty; or

. . . .

                  (e)        a member of the crew of a vessel or aircraft —

                              (i)   in transit for not more than 24 hours;

                              (ii)  joining the vessel or aircraft; or

                              (iii) loading or unloading cargo or embarking or disembarking passengers,

                              at Norfolk Island; or

. . . .

                  (g)        a passenger of an aircraft or vessel stopping over at Norfolk Island who remains on Norfolk Island for not more than 24 hours; or


                  (h)        a person who intends —

                              (i)   to be away from Norfolk Island for a period of less than 30 days; and

                              (ii)  to visit no country, including Australia, during his absence from Norfolk Island; or

. . . .

                  (j)         a person who —

                              (i)   entered Norfolk Island under circumstances of emergency; and

                              (ii)  is leaving within 7 days of so entering Norfolk Island; or

                  (k)        a person who, in the opinion of a person authorised in that behalf by the Minister —

                              (i)   is leaving Norfolk Island primarily for the purpose of receiving medical treatment; or

                              (ii)  must necessarily accompany a person referred to in subparagraph 3(k)(i); or

                  (l)         a person who —

                              (i)   has attained the age of 16 years but has not attained the age of 25 years; and

                              (ii)  in the opinion of a person authorised in that behalf by the Minister, is leaving Norfolk Island primarily for the purpose of receiving full time education at a school, college or university.

                  (3)        The Minister may make arrangements for the collection of the fee imposed under subsection 3(1).

                  (4)        In paragraph (2)(e) the expression “member of a crew” refers to a person who is, or is intended to be, engaged in operational duties on the vessel or aircraft after leaving Norfolk Island and before berthing or landing at another place.

Repeal

      4.         The Visiting Fee Act 1976 is repealed.

Regulations

      5.         (1)        The Administrator may make Regulations not inconsistent with this Act, prescribing matters —

                  (a)        required or permitted by this Act to be prescribed; or

                  (b)        necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 


 

_______________________________________________________________________

NOTES

The Departure Fee Act 1980 as shown in this consolidation comprises Act No. 14 of 1980 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

 

 

 

 

Departure Fee Act 1980

14, 1980

1.8.80

 

 

 

 

 

Departure Fee  (Amendment) Act 1982

8, 1983

25.8.83

 

 

 

 

 

Departure Fee (Amendment) Act 1983

12, 1983

7.11.83

 

 

 

 

 

Departure Fee (Amendment) Act 1986

28, 1986

6.11.86

 

 

 

 

 

Departure Fee Amendment Act 1991

5, 1991

7.3.91

 

 

 

 

 

Departure Fee Amendment (No. 2) Act 1991

16, 1991

31.10.91

 

 

 

 

 

Departure Fee Amendment Act 1994

9, 1994

28.3.94

 

 

 

 

 

Departure Fee Amendment (No. 2) Act 1994

19,1994

23.2.95

 

 

 

 

 

Departure Fee Amendment Act 2003

11,2003

1.7.03

 

 

 

 

 

Departure Fee (Amendment) Act 2005

10, 2005

29.4.2005

 

 

 

 

 

[Previously consolidated as at 12 May 2005]

 

 

 

 

 

Departure Fee (Amendment) Act 2009

9, 2009

30.6.09

 

 

 

 

 

[Previously consolidated as at 2 July 2009]

 

 

 

 

 

Departure Fee (Amendment) Act 2011

6, 2011

30.6.11 to take effect from 1.7.11

 

 

 

 

 

[previously consolidated as at 2 July 2011]

 

 

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

________

 

 

Table of Amendments

 

ad =    added or inserted

am = amended

Rep = repealed

rs =      repealed and substituted

 

Provisions affected               How affected

 

3(1)

Am

12, 1983; 5, 1991; 9, 1994; 11, 2003; 10, 2005;

9, 2009;  6, 2011;   14, 2012

3(1A)

Ad

28, 1986

3(2)

Am

  8, 1983; 5, 1991; 16, 1991; 19, 1994; 9, 2009;       6, 2011

3(4)

Ad

10, 2005

5

Ad

  6, 2011

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© Norfolk Island Government 2013

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.