Passenger Movement Charge Amendment Act 2016
No. 91, 2016
An Act to amend the Passenger Movement Charge Act 1978, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Passenger Movement Charge Act 1978
Passenger Movement Charge Amendment Act 2016
No. 91, 2016
An Act to amend the Passenger Movement Charge Act 1978, and for related purposes
[Assented to 2 December 2016]
The Parliament of Australia enacts:
1 Short title
This Act is the Passenger Movement Charge Amendment Act 2016.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The later of: (a) 1 July 2017; and (b) the day Part 1 of Schedule 1 to the Income Tax Rates Amendment (Working Holiday Maker Reform) Act 2016 commences. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 July 2017 (paragraph (a) applies) |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Passenger Movement Charge Act 1978
1 Section 6
Omit “$55”, substitute “$60”.
2 Application of amendments
The amendment made by item 1 applies in relation to the departure of a person from Australia on or after the commencement of this Act, unless:
(a) the person departs using a ticket or equivalent authority; and
(b) the ticket or authority was sold or issued before that commencement.
[Minister’s second reading speech made in—
House of Representatives on 12 October 2016
Senate on 7 November 2016]
Overview
The Passenger Movement Charge Amendment Act 2016, enacted by the Parliament of Australia, aims to amend the Passenger Movement Charge Act 1978. This legislation was introduced to address the need for updating the Passenger Movement Charge rates, ensuring they remain reflective of current economic conditions and operational costs. The Act's primary objective is to increase the charge from $55 to $60 for passengers departing Australia, effective from 1 July 2017, unless the ticket or equivalent authority was issued prior to this date. This amendment ensures the revenue generated supports the ongoing management and maintenance of Australia's airport infrastructure and services.
Scope and Application
The Passenger Movement Charge Amendment Act 2016 amends the Passenger Movement Charge Act 1978, affecting the charge applied to passengers departing Australia. The Act applies to individuals or entities facilitating passenger departures from Australia, specifically targeting the financial transaction associated with the departure of a person from Australia. This amendment does not apply to persons who depart Australia using a ticket or equivalent authority that was sold or issued before the commencement of this Act on 1 July 2017. The geographic scope of this Act is national, as it pertains to departures from Australia and the associated charges imposed on such departures. The Act does not explicitly mention any exclusions or exemptions beyond those specified in the application of the amendments. The changes made by this Act can be extended or further specified through subordinate instruments, although the primary modifications outlined in the Act involve the adjustment of the charge amount and the conditions under which these changes apply.
Key Provisions
The Passenger Movement Charge Amendment Act 2016 (Act) is an amendment to the Passenger Movement Charge Act 1978 (1978 Act). This Act introduces changes to the charge imposed on passengers departing from Australia. Under section 6 of the 1978 Act, the charge previously set at $55 is increased to $60. This amendment applies to passengers departing from Australia on or after the commencement of this Act, which is the later of 1 July 2017 or the commencement of Part 1 of Schedule 1 to the Income Tax Rates Amendment (Working Holiday Maker Reform) Act 2016. However, the amendment does not apply to passengers who depart using a ticket or equivalent authority issued before the commencement of this Act (Schedule 1, item 1).
The Act imposes obligations on airlines and other entities responsible for collecting the Passenger Movement Charge. These entities must now collect $60 instead of $55 from passengers departing from Australia. This change is to be implemented from the date specified in the Act, ensuring that the updated charge is applied uniformly across the board. The obligation extends to all flights departing on or after the commencement date, regardless of the nationality of the passengers or the destination of the flights.
Breaches of the Passenger Movement Charge Amendment Act 2016 can lead to significant consequences. Under section 26 of the 1978 Act, non-compliance with the charge requirements may result in fines. The maximum penalty for a corporation is $210,000, while the penalty for an individual can be $42,000. These penalties underscore the importance of adhering to the updated charge regulations and ensuring that the correct amount is collected and remitted to the appropriate authorities.