{"id":"F2023L01169","name":"Passenger Movement Charge Collection (Recovery and Refund of Charges) Regulations 2023","slug":"passenger-movement-charge-collection-recovery-and-refund-of-charges-regulations-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442057,"registerId":"F2023L01169-fast-fetch-1775957178427","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Passenger Movement Charge Collection (Recovery and Refund of Charges) Regulations 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nPassenger Movement Charge Collection (Recovery and Refund of Charges) Regulations 2023\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated  31 August 2023\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nClare O’Neil\n\nMinister for Home Affairs\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Refunds of charge\n\n7 Recovery of incorrectly paid refunds of charge\n\nSchedule 1—Repeals\n\nPassenger Movement Charge Collection (Recovery and Refund of Charges) Regulation 2013\n\n1  Name\n\n  This instrument is the Passenger Movement Charge Collection (Recovery and Refund of Charges) Regulations 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 2 September 2023\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Passenger Movement Charge Collection Act 1978.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) authorised officer;\n\n(b) charge.\n\n  In this instrument:\n\nAct means the Passenger Movement Charge Collection Act 1978.\n\n6  Refunds of charge\n\n (1) A person entitled to a refund of charge in accordance with subsection 9(1) of the Act may apply to the Commonwealth for the refund of charge.\n\n (2) An application under subsection (1) must be:\n\n (a) made in writing to an authorised officer; and\n\n (b) accompanied by evidence sufficient to prove the person’s entitlement to the refund of charge sought in the application.\n\n7  Recovery of incorrectly paid refunds of charge\n\n  If a person obtains or receives a refund of charge to which the person was not entitled, the amount refunded to the person is a debt due to the Commonwealth by the person and may be recovered by action in a court of competent jurisdiction.\n\nSchedule 1—Repeals\n\n \n\nPassenger Movement Charge Collection (Recovery and Refund of Charges) Regulation 2013\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains the same narrow scope as its 2013 predecessor — purely procedural rules for refund applications and recovery of overpayments. The 2023 version appears to be a straightforward re-enactment with no expansion of subject matter."},"complexity_factors":["Extremely short: only 7 substantive sections plus a repeal schedule","Minimal defined terms: only 1 explicit definition ('Act'), with 2 terms incorporated by reference from the parent Act","No cross-references to other legislation beyond the parent Act","Simple linear structure: definitions → refund process → debt recovery → repeal","No conditional logic, exceptions, or nested provisions","Straightforward administrative procedure (written application + evidence)"],"plain_english_summary":"This law sets a clear process for reclaiming the Passenger Movement Charge when someone paid but did not actually depart Australia. Affected parties — passengers, airlines, cruise operators and travel agents — must apply in writing to an authorised officer with proof; the government can recover any wrongly obtained refunds. It replaces the 2013 rules to provide a fair refund mechanism while protecting public funds."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument repeals the 2013 regulations and restates limited procedural rules for refund applications and recovery (regs 6–7, Schedule 1) under the existing statutory authority (reg 3). It does not itself expand or narrow the Act’s substantive grant of entitlement to refunds; instead it prescribes how claims are made and how incorrect refunds are recovered, leaving substantive eligibility to the Passenger Movement Charge Collection Act 1978."},"complexity_factors":["Small number of short provisions (6 regs plus a repeal Schedule) limits structural complexity.","Procedural requirements are narrowly framed: written application and supporting evidence (reg 6(2)), which is clear but leaves evidentiary sufficiency to administration.","Legal effect of recovery is straightforward: incorrectly paid refunds are a debt recoverable in court (reg 7); creates ordinary civil enforcement pathway.","Cross‑reference to underlying statute for authority and defined terms (reg 3 and reg 5) concentrates substantive powers in the Passenger Movement Charge Collection Act 1978.","Limited definitions in the instrument reduce internal interpretive complexity but increase reliance on the Act and administrative practice.","Administrative discretion risk: authorised officers decide receipt and sufficiency of applications (reg 6(2)(a)), but no procedural detail on timelines or appeals.","Repeal of prior regulations (Schedule 1) simplifies the regulatory landscape but requires stakeholders to adopt the new procedural text."],"plain_english_summary":"This regulation replaces the 2013 rules and sets simple procedures for claiming and recovering Passenger Movement Charge (PMC) refunds. It requires refund claims to be made in writing to an authorised officer with supporting evidence, and it makes any wrongly paid refund a debt recoverable by the Commonwealth in court. It affects people or entities entitled to PMC refunds, authorised officers who accept claims, and the Commonwealth’s debt‑recovery process because it clarifies how refunds are applied for and enforced."}},"importantCases":[],"_links":{"self":"/api/acts/passenger-movement-charge-collection-recovery-and-refund-of-charges-regulations-2023","history":"/api/acts/passenger-movement-charge-collection-recovery-and-refund-of-charges-regulations-2023/history","analysis":"/api/acts/passenger-movement-charge-collection-recovery-and-refund-of-charges-regulations-2023/analysis","conflicts":"/api/acts/passenger-movement-charge-collection-recovery-and-refund-of-charges-regulations-2023/conflicts","importantCases":"/api/acts/passenger-movement-charge-collection-recovery-and-refund-of-charges-regulations-2023/important-cases","documents":"/api/acts/passenger-movement-charge-collection-recovery-and-refund-of-charges-regulations-2023/documents"}}