Section 213 — Migration Act 1958 (Cth)

(1) If a non‑citizen who enters Australia:

(a) is required to comply with section 166 (immigration clearance); and

(b) either:

(i) does not comply; or

(ii) on complying, is detained under section 189 as an unlawful non‑citizen;

then, as soon as practicable after the Secretary or Australian Border Force Commissioner becomes aware that paragraphs (a) and (b) apply to the non‑citizen, the Secretary or Australian Border Force Commissioner may give a carrier of the non‑citizen a written notice requiring the carriers of the non‑citizen to pay the costs of the non‑citizen’s removal, or deportation, from Australia should that happen.

(2) The notice is to:

(a) give particulars of the calculation of the costs; and

(b) state that an account for the costs will be given to at least one of the carriers of the non‑citizen when they have been incurred.

(3) If a notice is given, each carrier of the non‑citizen is liable to pay the Commonwealth the costs described in the notice and for which an account is given.

Related sections

• s 207 — Interpretation
• s 210 — Removed or deported non‑citizen liable for costs of removal or deportation
• s 212 — Costs of removed or deported spouses, de facto partners and dependants
• s 214 — Non‑citizens and carriers jointly liable
• s 215 — Costs are debts due to the Commonwealth
• s 216 — Use of existing ticket for removal or deportation

Research how courts apply s 213

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.