Commonwealth Numbered Acts

PASSENGER MOVEMENT CHARGE COLLECTION AMENDMENT ACT 1995 No. 65, 1995 - SCHEDULE 1

                             SCHEDULE                  Section 3

AMENDMENTS OF THE PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978 1. Section 3
(definition of authorised officer): Omit the definition, substitute:

"authorised officer means:

   (a)  an officer of Customs; or

   (b)  any other person authorised in writing by the Chief Executive Officer
        of Customs to be an authorised officer for the purposes of this Act.".
        2. Section 3 (definitions of exempt passenger and vessel): Omit the
        definitions. 3. Section 3: Insert:

"aircraft means any machine or craft that can derive support in the atmosphere
from the reactions of the air. Area A of the Zone of Cooperation has the same
meaning as in the
Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990. Australia
includes:

   (a)  the Territory of Christmas Island; and

   (b)  the Territory of Cocos (Keeling) Islands; but does not include any
        external Territory. child means a child who is under 18 years old and
        includes an adopted child or a step-child. crew member, in relation to
        an aircraft or a ship, includes the person in charge of the aircraft
        or ship. emergency passenger means a person:

   (a)  who arrives in Australia as a passenger on an aircraft or a ship only
        because of:

        (i)    the illness of a person (including that person) on board the
               aircraft or ship; or

        (ii)   bad weather conditions; or

        (iii)  another kind of emergency; and

   (b)  who departs from Australia as soon as it is reasonably practicable for
        the person to do so. officer of Customs has the same meaning as in
        subsection 4(1) of the Customs Act 1901. petroleum has the same
        meaning as in the Timor Gap Treaty. petroleum operations has the same
        meaning as in the Timor Gap Treaty. positioning crew member means:

   (a)  a passenger on an aircraft whose departure from Australia is
        undertaken for the purpose of later becoming a crew member of that
        aircraft, another aircraft or a ship; or

   (b)  a passenger on a ship whose departure from Australia is undertaken for
        the purpose of later becoming a crew member of that ship or another
        ship. ship means any vessel used in navigation, other than air
        navigation. spouse, in relation to a person, includes another person
        who, although not legally married to the person, lives with the person
        on a genuine domestic basis as the husband or wife of the person.
        Timor Gap Treaty means the Treaty between Australia and the Republic
        of Indonesia on the Zone of Cooperation in an area between the
        Indonesian Province of East Timor and Northern Australia:

   (a)  that was done over the Zone of Cooperation on 11 December 1989; and

   (b)  the text of which is set out in the Schedule to the Petroleum 
        (Australia-Indonesia Zone of Cooperation) Act 1990 . Torres Strait
        Treaty means the Treaty between Australia and the Independent State of
        Papua New Guinea:

   (a)  that was signed at Sydney on 18 December 1978; and

   (b)  the text of which is set out in the Schedule to the Torres Strait 
        Fisheries Act 1984 . traditional activities has the same meaning as in
        the Torres Strait Treaty. traditional inhabitants has the same meaning
        as in the Torres Strait  Fisheries Act 1984 . transit passenger means
        a person who arrives in Australia from a place outside Australia for
        the purpose only of a journey from that place to a place outside
        Australia and who departs from Australia:

   (a)  in the case of a person who arrives in Australia on an aircraft and
        who departs from Australia on that aircraft or another aircraft:

        (i)    without being immigration cleared within the meaning of
               section  172 of the Migration Act 1958; or

        (ii)   if the person is so immigration cleared to enter Australia for
               reasons beyond the person's control-as soon as it is reasonably
               practicable for the person to do so after those reasons no
               longer exist; or

   (b)  in any other case:

        (i)    less than 48 hours after the person arrived in Australia; or

        (ii)   if the person is prevented from departing from Australia less
               than 48 hours after the person arrived in Australia for reasons
               beyond the person's control-as soon as it is reasonably
               practicable for the person to do so after those reasons no
               longer exist. Zone of Cooperation has the same meaning as in
               the Timor Gap Treaty.". 4. Section 5: Repeal the section,
               substitute: Persons exempt from passenger movement charge

"5. A person departing from Australia does not have to pay the charge in
relation to his or her departure if, at the time of his or her departure, the
person:

   (a)  is under 12 years old; or

   (b)  is a traditional inhabitant whose departure is undertaken in
        connection with the performance of traditional activities; or

   (c)  is a member of the defence force of a country other than Australia
        whose departure is undertaken:

        (i)    in the course of his or her duty as such a member; and

        (ii)   on an aircraft or a ship of a defence force; or

   (d)  is a spouse or a child:

        (i)    of a member of the defence force of a country other than
               Australia to whom paragraph (c) applies; and

        (ii)   whose departure from Australia is undertaken in the company of
               the member; or

   (e)  is a crew member of an aircraft or a ship whose departure from
        Australia is on the aircraft or ship; or

   (f)  is a spouse or a child:

        (i)    of a crew member of a ship to whom paragraph (e) applies; and

        (ii)   whose departure from Australia is undertaken in the company of
               the member; or

   (g)  is a positioning crew member; or

   (h)  is a transit passenger; or

   (i)  is an emergency passenger; or

   (j)  is in the course of a journey that has involved a previous departure
        by the person from Australia in respect of which the person paid the
        charge; or

   (k)  does not have to pay the charge because of the operation of:

        (i)    the Consular Privileges and Immunities Act 1972; or

        (ii)   the Diplomatic Privileges and Immunities Act 1967; or

        (iii)  the International Organisations (Privileges and Immunities) 
               Act 1963 ; or

   (l)  is a passenger whose departure from Australia is undertaken for the
        purpose of travelling to Area A of the Zone of Cooperation in
        connection with the prospecting for petroleum or the undertaking of
        petroleum operations.". 5. Subsection 7(1): Omit the subsection. 6.
        Subsection 7(2): After "him" insert "or her". 7. Subsections 8(3) and
        (4): After "his" (wherever occurring) insert "or her". 8. Subsection
        10(4): Omit the subsection, substitute:

"(4) Despite anything in this section, the Minister must not make an
arrangement under this section that is to apply in respect of any person
departing from Australia for another country on an aircraft before 1 July
1995.". 9. Subsection 11(2): Omit "subsection 5(1)", substitute "section 5".
10. Transitional (1) Despite the amendments of the
Passenger Movement Charge Collection  Act 1978 made by this Act, that Act, as
in force immediately before 1 July 1995, and any regulations under that Act as
so in force, continue to have effect in respect of departures from Australia
before that date as if the amendments made by this Act had not been made. (2)
If:

   (a)  an exemption stamp has, before 1 July 1995, been issued under
        section 11 of the Passenger Movement Charge Collection Act 1978 in
        respect of a person in relation to a departure on or after that day;
        and

   (b)  the person would not be exempt from passenger movement charge under
        that Act as amended by this Act; the person is to be treated, for the
        purposes of that Act as so amended, as being so exempt despite the
        fact that the person does not fall within any category of person
        specified under section 5 of that Act as so amended as being so
        exempt.