Passenger Movement Charge Amendment Act 1995 (Cth)

Passenger Movement Charge Amendment Act 1995

No. 64 of 1995

CONTENTS

Section

1. Short title

2. Commencement

3. Amendment of the Passenger Movement Charge Act 1978

SCHEDULE

AMENDMENT OF THE PASSENGER MOVEMENT CHARGE ACT 1978

Passenger Movement Charge Amendment Act 1995

No. 64of 1995

An Act to amend the Passenger Movement Charge Act 1978, and for related purposes

[Assented to 30 June 1995]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Passenger Movement Charge Amendment Act 1995.

Commencement

2. This Act commences on 1 July 1995.

Amendment of the Passenger Movement Charge Act 1978

3. The Passenger Movement Charge Act 1978 is amended in accordance with item 1 of the Schedule, and item 2 of the Schedule has effect according to its terms.

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SCHEDULE Section 3

AMENDMENT OF THE PASSENGER MOVEMENT CHARGE ACT 1978

1. Sections 3, 4 and 5:

Repeal the sections, substitute:

Definitions

"3. In this Act:

Area A of the Zone of Cooperation has the same meaning as in the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990.

Australia has the same meaning as in the Collection 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 Area A means a resources installation, or a sea installation, that is attached to the seabed in Area A of the Zone of Cooperation.

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.

Travel involving intermediate destinations

"4.(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 Area A, 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 Area A; and

(b) the person intends, at the time of the departure, to depart from that other country, or from an installation in Area A, 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.

SCHEDULE—continued

"(3) For the purposes of this Act, if:

(a) a person departs from an Indian Ocean Territory for another country or for an installation in Area A; and

(b) the person intends, at the time of the departure, to depart from that other country, or from an installation in Area A, for a place in Australia other than that first-mentioned 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 Area A.

"(4) For the purposes of this Act, if:

(a) a person departs from a part of Australia other than an Indian Ocean Territory for another country or for an installation in Area A; and

(b) the person intends, at the time of the departure, to depart from that other country, or from an installation in Area A, for 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 Area A.

Imposition of passenger movement charge

"5. 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 Area A, on or after 1 July 1995; whether or not the person intends to return to Australia.".

2. Saving

Despite the amendments of the Passenger Movement Charge Act 1978 made by this Act, that Act as in force immediately before 1 July 1995 continues to apply, according to its terms, in respect of departures from Australia before that date as if the amendments made by this Act had not been made.

[Minister's second reading speech made in—

House of Representatives on 8 June 1995

Senateon 9 June 1995