Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 262

  (1)   A person who:

  (a)   is, or has been, detained under section   189; and

  (b)   was on board a vessel (not being an aircraft) when it was used in connection with the commission of an offence against this Act or against a prescribed law in force in the Commonwealth or in a State or Territory, being a law relating to the control of fishing; and

  (ba)   is convicted of the offence;

and the master, owner, agent and charterer of the vessel on which the person travelled to Australia, are, jointly and severally, liable to pay the Commonwealth:

  (c)   the amount applicable to the person under subsection   (2) for the cost of keeping and maintaining the person while the person is in immigration detention; and

  (d)   the cost of transporting the person, and a person holding the person, from the vessel to the place of immigration detention; and

  (e)   the cost of transporting the person, and a person holding the person, between places of immigration detention; and

  (f)   if the person is returned to the vessel or another vessel--the cost of transporting the person, and a person holding the person, from the place of immigration detention to the vessel or that other vessel; and

  (g)   if the person is, or is to be, removed from Australia at the expense of the Commonwealth--the cost of that removal (including the cost of transporting a person holding the person).

  (2)   The Minister may, by legislative instrument, determine a daily amount for the keeping and maintaining of a person in immigration detention at a specified place in a specified period.

  (3)   An amount determined under subsection   (2) is to be no more than the cost to the Commonwealth of detaining a person at that place in that period.

  (4)   To avoid doubt, the liability to pay the Commonwealth an amount under subsection   (1) may be enforced:

  (a)   at the time the person is convicted of an offence mentioned in paragraph   (1)(b); or

  (b)   after the person has served the whole or a part of any sentence imposed upon the person because of his or her conviction of an offence mentioned in paragraph   (1)(b).