Commonwealth Numbered Acts

IMMIGRATION (UNAUTHORIZED ARRIVALS) ACT 1980 No. 112 of 1980 - SECT 11

11. (1) An authorized officer may, by notice in writing served on the master
of a vessel to which section 9 applies, require the master to cause a relevant
passenger specified in the notice, or the relevant passengers specified or
referred to in the notice, to be conveyed from Australia, without charge to
the Commonwealth, within a period specified in the notice, being a period
that, having regard to the circumstances that gave rise to the claim made by
the master under section 18 or 19, as the case may be, is a reasonable period.

(2) Where a requirement under sub-section (1) has been served on the master of
a vessel to which section 9 applies, the master may give to an authorized
officer reasonable notice, in writing, of arrangements made by him for the
conveyance from Australia of the relevant passenger specified in the
requirement, or of all or any of the relevant passengers specified or referred
to in the requirement, as the case may be, and of the date on which, and the
time and place at which, that passenger, or each of those passengers, is
required to present himself for the purpose of embarking on a vessel for
conveyance from Australia.

(3) Where a notice under sub-section (2) with respect to a relevant passenger
is given to an authorized officer, that authorized officer, or another
authorized officer, may give to the relevant passenger notice, in writing,
requiring that passenger to present himself, on the date, and at the time and
place, specified in the first-mentioned notice, for the purpose of embarking
on a vessel for conveyance from Australia.

(4) An authorized officer-

   (a)  may, by notice in writing served on the master of a vessel to which
        section 9 applies, revoke a requirement under sub-section (1) that had
        previously been served on the master in respect of a
        relevant passenger;

   (b)  may serve a requirement under sub-section (1) on the master of a
        vessel in respect of a relevant passenger notwithstanding that such a
        requirement has previously been served on the master by that
        authorized officer or another authorized officer in respect of that
        passenger if the previous requirement had been revoked or if the time
        for compliance with the previous requirement has expired and the
        passenger is still in Australia;

   (c)  may, by notice in writing served on the master of a vessel on whom a
        requirement under sub-section (1) has been served, extend the period
        within which the master is required to cause the relevant passenger or
        relevant passengers to whom the requirement relates to be conveyed
        from Australia;

   (d)  may, by notice in writing to a relevant passenger on whom a
        requirement under sub-section (3) has been made, revoke that
        requirement; and

   (e)  may make a requirement on a relevant passenger under sub-section (3)
        notwithstanding that such a requirement has previously been made by
        that authorized officer or another authorized officer on the
        relevant passenger if the previous requirement has been revoked or if
        the time for complying with the previous requirement has expired and
        the relevant passenger is still in Australia.

(5) The master of a vessel who has given notice to an authorized officer under
sub-section (2) with respect to a relevant passenger-

   (a)  may, by notice in writing given to an authorized officer, revoke the
        notice; and

   (b)  may give a further notice to an authorized officer with respect to
        that passenger notwithstanding that such a notice had previously been
        given if the previous notice has been revoked or if the time at which
        the relevant passenger was required to present himself for the purpose
        of embarking on a vessel for conveyance from Australia has passed and
        the passenger is still in Australia.

(6) Where the master of a vessel on whom a requirement under sub-section (1)
has been served refuses or fails to comply with the requirement in respect of
a relevant passenger, the master commits an offence against this sub-section
punishable, upon conviction, by a fine not exceeding $5,000 or imprisonment
for a period not exceeding 2 years, or both.

(7) The master of a vessel on whom a requirement under sub-section (1) is
served commits a separate offence under sub-section (6) in respect of each
relevant passenger to whom the requirement relates who is not conveyed from
Australia in accordance with the requirement.

(8) It is a defence to a prosecution of the master of a vessel in respect of a
failure to comply with a requirement under sub-section (1) in respect of a
relevant passenger if the master proves that, after the requirement was served
upon him, he duly gave reasonable notice under sub-section (2) to an
authorized officer of the date on which, and time and place at which, the
passenger was to present himself for the purposes of embarking on a vessel for
conveyance from Australia and the passenger did not present himself on that
date and at that time and place, or refused or failed to embark on the vessel
concerned when requested to do so.

(9) Sub-section (8) does not apply to a notice under sub-section (2) that has
been duly revoked under sub-section (5).

(10) Where an entry permit is granted under the Migration Act 1958 in respect
of a relevant passenger or a direction is given under sub-section 10 (2) in
respect of a relevant passenger-

   (a)  a notice under sub-section (1) of this section shall not be served on
        the master of the vessel on which the passenger was brought to
        Australia in respect of the passenger on or after the date (in this
        sub-section referred to
as the "relevant date") on which the entry permit was granted or that is
specified in the direction as the date on which the Migration Act 1958 shall
apply in relation to the passenger, as the case requires;

   (b)  if, before the relevant date, a notice under sub-section (1) had been
        served on the master of the vessel in which the passenger was brought
        to Australia requiring the master to cause the passenger to be
        conveyed from Australia within a period ending on or after the
        relevant date-the master is not required to comply with that
        requirement;

   (c)  a notice shall not be given to the passenger under sub-section (3) on
        or after the relevant date; and

   (d)  if, before the relevant date, a notice had been given to the passenger
        under sub-section (3) requiring the passenger to present himself at a
        place on or after the relevant date for the purpose of embarking on a
        vessel for conveyance from Australia-the passenger is not required to
        comply with that requirement.
(11) In this section, "relevant passenger", in relation to a vessel to which
section 9 applies, has the same meaning as it has in section 9.