Commonwealth: Passenger Movement Charge Act 1978 (Cth)

Passenger Movement Charge Act 1978 No. 118, 1978 Compilation No. 14 Compilation date: 1 July 2024 Includes amendments: Act No. 6, 2024 Registered: 1 July 2024 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 1 July 2024 (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 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 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 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 2 Commencement 3 Definitions 4 Travel involving intermediate destinations 5 Imposition of passenger movement charge 6 Rate of passenger movement charge Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history 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 $70. 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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to 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): 1:23 am (A.C.T.) 26 Oct 1999 (s 2(2), 4) 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) — Passenger Movement Charge Amendment Act 2024 6, 2024 8 Mar 2024 1 July 2024 (s 2(1) item 1) Sch 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; No 6, 2024