Commonwealth Numbered Acts

PASSENGER MOVEMENT CHARGE AMENDMENT ACT 1995 No. 64, 1995 - SCHEDULE 1

                              SCHEDULE                      Section 3

AMENDMENT OF THE PASSENGER MOVEMENT CHARGE ACT 1978 1. Sections 3, 4 and 5:
Repeal the sections, substitute: Definitions

"3. In this Act: Area A of the Zone of Cooperation has the same meaning as in
the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990. 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 Area A means
        a resources installation, or a sea installation, that is attached to
        the seabed in Area A of the Zone of Cooperation. 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. Travel involving intermediate
        destinations

"4.(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 Area
        A, 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 Area A; and

   (b)  the person intends, at the time of the departure, to depart from that
        other country, or from an installation in Area A, 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 Area A; and

   (b)  the person intends, at the time of the departure, to depart from that
        other country, or from an installation in Area A, 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 Area A.

"(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 Area A; and

   (b)  the person intends, at the time of the departure, to depart from that
        other country, or from an installation in Area A, 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 Area A.
        Imposition of passenger movement charge

"5. 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 Area A, on or after 1 July 1995; whether or not
        the person intends to return to Australia.". 2. Saving Despite the
        amendments of the Passenger Movement Charge Act 1978 made by this Act,
        that Act as in force immediately before 1 July 1995 continues to
        apply, according to its terms, in respect of departures from Australia
        before that date as if the amendments made by this Act had not been
        made.