9Refunds of passenger movement charge

9 Refunds of passenger movement charge

(1) A person is entitled to a refund of charge paid by the person if: (a) the departure in respect of which the charge was paid does not take place; (b) the departure in respect of which the charge was paid takes place, but the person returns to Australia without having entered another country; (c) by virtue of section 5, charge was not payable in respect of the departure in respect of which the charge was paid; or (d) the person is entitled to a refund under the regulations. (2) If an authorised officer, by instrument in writing, so directs, a refund to which a person is entitled by virtue of subsection (1) shall be applied in discharge of the liability of the person for charge payable by the person in respect of a departure specified in the instrument, and a refund that is so applied shall be deemed to have been paid to the person. (3) A person shall not: (a) obtain a refund that is not payable; (b) make a statement, in or in connection with a claim for a refund, reckless as to the fact that the statement is false or misleading in a material particular; or (c) present a document, in connection with an application for a refund, reckless as to the fact that the document is false or misleading in a material particular.

Penalty: 5 penalty units.

(4) Where a person is convicted of an offence against subsection (3), the court may, in addition to imposing a penalty under that subsection, order the person to repay to the Commonwealth the amount of any refund incorrectly paid to the person.