Liability to the Commonwealth for the cost of keeping, maintaining and removing certain persons
(1) A person who: (a) is, or has been, detained under section 189; and (b) was on board a vessel (not being an aircraft) when it was used in connection with the commission of an offence against this Act or against a prescribed law in force in the Commonwealth or in a State or Territory, being a law relating to the control of fishing; and (ba) is convicted of the offence; and the master, owner, agent and charterer of the vessel on which the person travelled to Australia, are, jointly and severally, liable to pay the Commonwealth: (c) the amount applicable to the person under subsection (2) for the cost of keeping and maintaining the person while the person is in immigration detention; and (d) the cost of transporting the person, and a person holding the person, from the vessel to the place of immigration detention; and (e) the cost of transporting the person, and a person holding the person, between places of immigration detention; and (f) if the person is returned to the vessel or another vessel—the cost of transporting the person, and a person holding the person, from the place of immigration detention to the vessel or that other vessel; and (g) if the person is, or is to be, removed from Australia at the expense of the Commonwealth—the cost of that removal (including the cost of transporting a person holding the person). (2) The Minister may, by legislative instrument, determine a daily amount for the keeping and maintaining of a person in immigration detention at a specified place in a specified period. (3) An amount determined under subsection (2) is to be no more than the cost to the Commonwealth of detaining a person at that place in that period. (4) To avoid doubt, the liability to pay the Commonwealth an amount under subsection (1) may be enforced: (a) at the time the person is convicted of an offence mentioned in paragraph (1)(b); or (b) after the person has served the whole or a part of any sentence imposed upon the person because of his or her conviction of an offence mentioned in paragraph (1)(b).
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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