Commonwealth Consolidated Acts

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978 - SECT 9

             (1)  A person is entitled to a refund of charge paid by the person if:

                     (a)  the departure in respect of which the charge was paid does not take place;

                     (b)  the departure in respect of which the charge was paid takes place, but the person returns to Australia without having entered another country;

                     (c)  by virtue of section 5, charge was not payable in respect of the departure in respect of which the charge was paid; or

                     (d)  the person is entitled to a refund under the regulations.

             (2)  If an authorized officer, by instrument in writing, so directs, a refund to which a person is entitled by virtue of subsection (1) shall be applied in discharge of the liability of the person for charge payable by the person in respect of a departure specified in the instrument, and a refund that is so applied shall be deemed to have been paid to the person.

             (3)  A person shall not:

                     (a)  obtain a refund that is not payable;

                     (b)  make a statement, in or in connection with a claim for a refund, reckless as to the fact that the statement is false or misleading in a material particular; or

                     (c)  present a document, in connection with an application for a refund, reckless as to the fact that the document is false or misleading in a material particular.

Penalty:  5 penalty units.

             (4)  Where a person is convicted of an offence against subsection (3), the court may, in addition to imposing a penalty under that subsection, order the person to repay to the Commonwealth the amount of any refund incorrectly paid to the person.