Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 213

Carriers may be liable for costs of removal and deportation

  (1)   If a non - citizen who enters Australia:

  (a)   is required to comply with section   166 (immigration clearance); and

  (b)   either:

  (i)   does not comply; or

  (ii)   on complying, is detained under section   189 as an unlawful non - citizen;

then, as soon as practicable after the Secretary or Australian Border Force Commissioner becomes aware that paragraphs   (a) and (b) apply to the non - citizen, the Secretary or Australian Border Force Commissioner may give a carrier of the non - citizen a written notice requiring the carriers of the non - citizen to pay the costs of the non - citizen's removal, or deportation, from Australia should that happen.

  (2)   The notice is to:

  (a)   give particulars of the calculation of the costs; and

  (b)   state that an account for the costs will be given to at least one of the carriers of the non - citizen when they have been incurred.

  (3)   If a notice is given, each carrier of the non - citizen is liable to pay the Commonwealth the costs described in the notice and for which an account is given.


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