Section 213 — Carriers may be liable for costs of removal and deportation

213 Carriers may be liable for costs of removal and deportation

(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.