Short title
1 Short title
This Act may be cited as the Passenger Movement Charge Act 1978.
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Commonwealth act
The Act creates a flat $70 passenger movement charge on people departing Australia for another country (and, once a later amendment takes effect, for installations in the Greater Sunrise special regime). It affects all departing travellers, with detailed rules about short transfers to and from external Territories that change which leg counts as the taxable departure. It matters because it raises per‑person revenue, can shift routing incentives, and defers collection mechanics to another statute.
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Direct links to the current provisions in Passenger Movement Charge Act 1978.
This Act may be cited as the Passenger Movement Charge Act 1978.
This Act shall come into operation on a date to be fixed by Proclamation.
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.
(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.
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.
The rate of charge imposed by this Act in respect of the departure of a person from Australia is $70.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Passenger Movement Charge Act 1978.
This Act shall come into operation on a date to be fixed by Proclamation.
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.
(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.
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.
The rate of charge imposed by this Act in respect of the departure of a person from Australia is $70.