Overview

The Norfolk Island Departure Fee Act 1980 was enacted to impose a departure fee on certain individuals intending to leave Norfolk Island, either temporarily or permanently. The Act was passed by the Norfolk Island Legislative Assembly and aims to ensure that those who are able to do so contribute financially to the island's operations and infrastructure. The Act came into effect on a date determined by the Administrator through a notice in the Gazette. Under this Act, a fee must be paid before departure, with certain exceptions including diplomatic officials, minors, members of the defence forces on duty, and others who meet specified criteria such as being in transit for a short period or leaving primarily for medical treatment or education. Refusal to pay the fee is an offence, carrying a penalty of two penalty units. The Act also includes provisions for the collection of fees and has been subject to various amendments over the years.

Scope and Application

The Departure Fee Act 1980 applies to any person intending to leave Norfolk Island, either temporarily or permanently, by imposing a departure fee on them immediately before their departure. This Act excludes certain individuals from paying the fee, such as the Head of State of a country and a person accompanying him in an official capacity, a person under the age of 16 years, members of the Defence Force of Australia or the armed forces of another country engaged in Norfolk Island in the course of their duty, members of the crew of a vessel or aircraft, passengers of an aircraft or vessel stopping over at Norfolk Island for no more than 24 hours, persons intending to be away from Norfolk Island for less than 30 days and visiting no country during their absence, and persons leaving within 7 days of entering Norfolk Island under emergency circumstances. Additionally, the Act exempts individuals primarily leaving for medical treatment or full-time education purposes. The Act extends its application through subordinate instruments, such as regulations that may be made by the Administrator. This Act applies to Norfolk Island, a territory of Australia, and its jurisdictional reach is limited to this specific geographical area.

Key Provisions

The Departure Fee Act 1980 establishes a departure fee for individuals intending to leave Norfolk Island, either temporarily or permanently. Section 3(1) requires any person who plans to depart Norfolk Island to pay a prescribed fee to the Administration before their departure, subject to exceptions outlined in subsection 3(2). Subsection 3(1A) imposes an offence on those who refuse to pay this fee, with a penalty of two penalty units. The fee does not apply to certain individuals, including the Head of State of a country and a person accompanying him in an official capacity, persons under the age of 16 years, members of the Defence Force of Australia or the armed forces of another country on duty in Norfolk Island, members of a crew in transit for no more than 24 hours or performing loading, unloading, or passenger services, passengers stopping over for no more than 24 hours, individuals leaving for less than 30 days without visiting another country, persons leaving within 7 days of entering under emergency circumstances, those leaving primarily for medical treatment or accompanying such individuals, and those leaving primarily for full-time education if they are aged between 16 and 25 years. The Act imposes specific obligations on individuals intending to depart Norfolk Island. They must pay the prescribed departure fee before leaving unless they fall under one of the exempted categories. Additionally, the Minister may make arrangements for the collection of this fee as stipulated in section 3(3). The Act also allows the Administrator to make regulations necessary or convenient for carrying out or giving effect to the Act, as per section 5(1). Breaching the provisions of this Act, particularly the refusal to pay the departure fee as stated in section 3(1A), results in criminal liability. The penalty for such an offence is two penalty units. It is essential for individuals to comply with the fee requirement to avoid facing these penalties.