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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 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
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.

means:

 a

the ; or

 b

the (Keeling) .

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 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 ;

the first-mentioned departure is taken to be a departure of the person from 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 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 ;

the first-mentioned departure is taken to be a departure from for that external Territory.

 3

For the purposes of this Act, if:

 a

a person departs from Norfolk Island or an 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 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 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 within 7 days after the first-mentioned departure;

the first-mentioned departure is taken not to be a departure from 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 :

 a

for another country, after the commencement of this Act; or

 b

(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 .
6 Rate of passenger movement charge

The rate of charge imposed by this Act in respect of the departure of a person from 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— E ndnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history— E ndnotes 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 Legislation Act 2003.section 15V of the

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 (see Gazette 1978, No. S216)
Departure Tax Amendment Act 1981 131, 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 s. 4
Departure Tax Amendment Act 1993 96, 1993 s. 4
Departure Tax Amendment Act 1994 146, 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 Sch 1 (item 2
Timor Gap Treaty (Transitional Arrangements) Act 2000 25, 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 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