Regulation 5.41C — Fees for performing functions relating to certain international travellers using gateway airports

5.41C Fees for performing functions relating to certain international travellers using gateway airports

(1) If, at the request of a person, the Secretary arranges for a statutory function to be performed:

(a) in a special processing area for the performance of the function at a gateway airport; and

(b) in relation to one or more international travellers using the gateway airport;

the person must pay the Commonwealth an agreed fee in respect of the performance of the statutory function and any other statutory functions in relation to those international travellers. Note: An agreed fee in respect of the performance of the statutory function and other statutory functions may be payable in anticipation of the performance of the function.

(2) On behalf of the Commonwealth, the Secretary may make, with a person making a request described in subregulation (1), an agreement relating to the amount and payment of a fee that is or will be payable under that subregulation.

(3) In these Regulations: gateway airport means an aerodrome (whether a proclaimed airport or not) used by aircraft on overseas flights. international traveller using a gateway airport means a person who:

(a) arrives at the gateway airport aboard an aircraft on an overseas flight; or

(b) is due to depart from the gateway airport aboard an aircraft on an overseas flight.

overseas flight means:

(a) a flight from a place outside Australia to a place in Australia; or

(b) a flight from a place in Australia to a place outside Australia (whether or not after calling at other places in Australia).

special processing area of a gateway airport for the performance of a particular statutory function means:

(a) if the gateway airport is commonly used for overseas flights—an area of the gateway airport other than an area in which that function is performed in relation to:

(i) a majority of international travellers arriving at the gateway airport aboard aircraft on overseas flights; or

(ii) a majority of international travellers due to depart from the gateway airport aboard aircraft on overseas flights; or

(b) if the gateway airport is not commonly used for overseas flights—an area of the gateway airport in which that function is, or is to be, performed in relation to international travellers using the gateway airport.

statutory function means a function under:

(a) the Act; or

(b) regulations made under the Act.

Division 5.7A—Nomination training contribution charge