Departure Tax Collection Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 81

 

Departure Tax Collection Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Departure Tax Collection Act 1978.

Dated 7 February 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

C. J. HURFORD

Minister of State for Immigration

and Ethnic Affairs

 

Commencement

1. These Regulations shall come into operation on 15 February 1985.

Exempt persons

2. Regulation 11 of the Departure Tax Collection Regulations is amended—

(a) by adding at the end of sub-regulation (1) the following paragraphs:

“(n) a person who—

(i) is an Australian citizen;

(ii) is a traditional inhabitant in relation to Australia; and

(iii) is travelling in connection with the performance of traditional activities;

 

(o) a person who—

(i) is a citizen of Papua New Guinea whose continued presence in Australia is not subject to any limitation as to time imposed by law;

(ii) is a traditional inhabitant in relation to Papua New Guinea; and

(iii) is travelling in connection with the performance of traditional activities;

(p) a person who—

(i) is a citizen of Papua New Guinea;

(ii) is a traditional inhabitant in relation to Papua New Guinea;

(iii) entered a part of Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone in connection with the performance of traditional activities;

(iv) has not remained in Australia otherwise than in connection with the performance of traditional activities;

(v) has not, during the person’s visit, entered a part of Australia other than a part of Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone; and

(vi) is not a person in respect of whom a declaration is in force under sub-section 8 (2) of the Migration Act 1958.”; and

(b) by omitting sub-regulation (2) and substituting the following sub-regulation:

“(2) In this regulation—

‘area in the vicinity of the Protected Zone’ means an area in respect of which a notice is in force under sub-section 5 (5a) of the Migration Act 1958;

‘prescribed voyage’, in relation to a person, means a voyage undertaken by the person from a place outside Australia to a final destination outside Australia, being a voyage in the course of which the person—

(a) has stopped over, or is scheduled to stop over, more than once at a place or places in Australia; and

(b) has not returned, or is not scheduled to return, more than once to the place where the person commenced the voyage;

‘Protected Zone’ means the zone established under Article 10 of the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that treaty;

‘Torres Strait Treaty’ means the Treaty between Australia and the Independent State of Papua New Guinea that was signed at Sydney on 18 December 1978, being the treaty a copy of which

 

is set out in the Schedule to the Torres Strait Fisheries Act 1984;

‘traditional activities’ has the same meaning as in the Torres Strait Treaty;

‘traditional inhabitants’ has the same meaning as in the Torres Strait Fisheries Act 1984”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 14 February 1985.

2. Statutory Rules 1978 No. 194 as amended by 1978 No. 273; 1979 No. 167; 1983 No. 245.