Passenger Movement Charge Act 1978
No. 118, 1978
Compilation No. 13
Compilation date: 30 August 2019
Includes amendments up to: Act No. 58, 2019
Registered: 30 August 2019
About this compilation
This compilation
This is a compilation of the Passenger Movement Charge Act 1978 that shows the text of the law as amended and in force on 30 August 2019 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Definitions.......................................................................................... 1
4............ Travel involving intermediate destinations.......................................... 2
5............ Imposition of passenger movement charge......................................... 3
6............ Rate of passenger movement charge................................................... 3
Endnotes 4
Endnote 1—About the endnotes 4
Endnote 2—Abbreviation key 6
Endnote 3—Legislation history 7
Endnote 4—Amendment history 9
An Act to impose a charge in respect of the departure of persons from Australia
1 Short title
This Act may be cited as the Passenger Movement Charge Act 1978.
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
3 Definitions
In this 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 Greater Sunrise special regime area means a resources installation, or a sea installation, that is attached to the seabed in the Greater Sunrise special regime area (within the meaning of the Seas and Submerged Lands Act 1973).
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 Greater Sunrise special regime 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 Greater Sunrise special regime area; and
(b) the person intends, at the time of the departure, to depart from that other country, or from an installation in the Greater Sunrise special regime 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 Norfolk Island or an Indian Ocean Territory for another country or for an installation in the Greater Sunrise special regime area; and
(b) the person intends, at the time of the departure, to depart from that other country, or from an installation in the Greater Sunrise special regime area, for a place in Australia other than that first‑mentioned 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 Greater Sunrise special regime area.
(4) For the purposes of this Act, if:
(a) a person departs from a part of Australia other than Norfolk Island or an Indian Ocean Territory for another country or for an installation in the Greater Sunrise special regime area; and
(b) the person intends, at the time of the departure, to depart from that other country, or from an installation in the Greater Sunrise special regime area, for Norfolk Island or 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 Greater Sunrise special regime 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 Greater Sunrise special regime area, after the commencement of the Passenger Movement Charge Amendment (Timor Sea Maritime Boundaries Treaty) Act 2019;
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 $60 and does not increase from 1 July 2017 for 5 years thereafter.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
| Departure Tax Act 1978 | 118, 1978 | 29 Sept 1978 | 24 Oct 1978 (see Gazette 1978, No. S216) | |
| Departure Tax Amendment Act 1981 | 131, 1981 | 30 Sept 1981 | 1 Oct 1981 | s. 4 |
| Departure Tax Amendment Act 1988 | 47, 1988 | 15 June 1988 | 1 July 1988 | — |
| Departure Tax Amendment Act 1991 | 77, 1991 | 25 June 1991 | 1 Aug 1991 | s. 4 |
| Departure Tax Amendment Act 1993 | 96, 1993 | 22 Dec 1993 | 1 Jan 1994 | s. 4 |
| Departure Tax Amendment Act 1994 | 146, 1994 | 8 Dec 1994 | 16 Dec 1994 (see s. 2) | s 3 and 9 |
| Passenger Movement Charge Amendment Act 1995 | 64, 1995 | 30 June 1995 | 1 July 1995 | Sch (item 2) |
| Passenger Movement Charge Amendment Act 1998 | 66, 1998 | 30 June 1998 | 1 Jan 1999 | Sch 1 (item 2 |
| Timor Gap Treaty (Transitional Arrangements) Act 2000 | 25, 2000 | 3 Apr 2000 | s 4–6 and Sch 2 (item 37): 26 Oct 1999 (s 2(2)) | s 4–6 |
| Passenger Movement Charge Amendment Act 2001 | 79, 2001 | 30 June 2001 | 1 July 2001 | Sch 1 (item 2) |
| Passenger Movement Charge (Timor Sea Treaty) Amendment Act 2003 | 11, 2003 | 2 Apr 2003 | 20 May 2002 | — |
| Passenger Movement Charge Amendment Act 2008 | 58, 2008 | 30 June 2008 | 1 July 2008 | Sch 1 (item 2) |
| Passenger Movement Charge Amendment Act 2012 | 94, 2012 | 29 June 2012 | 1 July 2012 | Sch 1 (item 2) |
| Passenger Movement Charge Amendment (Norfolk Island) Act 2016 | 32, 2016 | 23 Mar 2016 | Sch 1: 1 July 2016 (s 2(1) item 2) | — |
| Passenger Movement Charge Amendment Act 2016 | 91, 2016 | 2 Dec 2016 | 1 July 2017 (s 2(1) item 1) | Sch 1 (item 2) |
| Passenger Movement Charge Amendment Act (No. 2) 2016 | 93, 2016 | 2 Dec 2016 | 1 July 2017 (s 2(1) item 1) | — |
| Passenger Movement Charge Amendment (Timor Sea Maritime Boundaries Treaty) Act 2019 | 58, 2019 | 7 Aug 2019 | Sch 1: 30 Aug 2019 (s 2(1) item 2) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Title..................................... | am No 146, 1994 |
| s 1........................................ | am No 146, 1994 |
| s 3........................................ | am No 146, 1994; No 32, 2016 |
| | rs No 64, 1995 |
| | am No 25, 2000; No 11, 2003; No 58, 2019 |
| s 4........................................ | rs No 64, 1995 |
| | am No 11, 2003; No 32, 2016; No 58, 2019 |
| s 5........................................ | am No 146, 1994 |
| | rs No 64, 1995 |
| | am No 11, 2003; No 58, 2019 |
| s 6........................................ | am No 131, 1981; No 47, 1988; No 77, 1991; No 96, 1993; No 146, 1994; No 66, 1998; No 79, 2001; No 58, 2008; No 94, 2012; No 91, 2016; No 93, 2016 |