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PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978 - SECT 5

Persons exempt from passenger movement charge

    A person departing from Australia does not have to pay the charge in relation to his or her departure if, at the time of his or her departure, the person:

  (a)   is under 12 years old; or

  (b)   is a traditional inhabitant whose departure is undertaken in connection with the performance of traditional activities; or

  (c)   is a member of the defence force of a country other than Australia whose departure is undertaken:

  (i)   in the course of his or her duty as such a member; and

  (ii)   on an aircraft or a ship of a defence force; or

  (d)   is a spouse or a child:

  (i)   of a member of the defence force of a country other than Australia to whom paragraph   ( c) applies; and

  (ii)   whose departure from Australia is undertaken in the company of the member; or

  (e)   is a crew member of an aircraft or a ship whose departure from Australia is on the aircraft or ship; or

  (f)   is a spouse or a child:

  (i)   of a crew member of a ship to whom paragraph   ( e) applies; and

  (ii)   whose departure from Australia is undertaken in the company of the member; or

  (g)   is a positioning crew member; or

  (h)   is a transit passenger; or

  (i)   is an emergency passenger; or

  (j)   is in the course of a journey that has involved a previous departure by the person from Australia by ship in respect of which the person paid the charge; or

  (k)   does not have to pay the charge because of the operation of:

  (i)   the Consular Privileges and Immunities Act 1972 ; or

  (ii)   the Diplomatic Privileges and Immunities Act 1967 ; or

  (iii)   the International Organisations (Privileges and Immunities) Act 1963 ; or

  (iv)   the Overseas Missions (Privileges and Immunities) Act 1995 ; or

  (l)   is a passenger whose departure from Australia is undertaken for the purpose of travelling to the Greater Sunrise special regime area (within the meaning of the Seas and Submerged Lands Act 1973 ) in connection with Petroleum Activities (within the meaning of the Treaty between Australia and the Democratic Republic of Timor - Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6   March 2018, as in force from time to time) ; or

  (m)   is a protective service officer (as defined in the Australian Federal Police Act 1979 ) on an aircraft for the purpose of enhancing the security of the aircraft.

Note:   The Treaty between Australia and the Democratic Republic of Timor - Leste Establishing their Maritime Boundaries in the Timor Sea could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).



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