Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 212

  (1)   If:

  (a)   2 persons are spouses or   de   facto   partners of each other; and

  (b)   either:

  (i)   they are both removed or deported; or

  (ii)   one of them is deported and the other is removed;

each of them is liable to pay the Commonwealth the costs of their removals, their deportations, or the deportation and removal.

  (2)   If:

  (a)   2 persons are spouses or   de   facto   partners of each other; and

  (b)   either:

  (i)   they are both removed or deported; or

  (ii)   one is deported and the other is removed; and

  (c)   their dependent child, or dependent children, within the meaning of the regulations are also removed;

then:

  (d)   the child or children are not liable to pay the Commonwealth the costs of the child's or children's removal; and

  (e)   the persons are liable to pay the Commonwealth those costs.

  (3)   If:

  (a)   a non - citizen is removed or deported; and

  (b)   the non - citizen either:

  (i)   does not have a spouse or   de   facto   partner; or

  (ii)   does not have a spouse, or a   de   facto   partner, who is deported or removed; and

  (c)   the non - citizen has a dependent child, or dependent children, within the meaning of the regulations who are removed;

then:

  (d)   the child or children are not liable to pay the Commonwealth the costs of their removal; and

  (e)   the non - citizen is liable to pay the Commonwealth those costs.