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Schedule 13—Debt recovery

Schedule 13 Debt recovery

Part 1 Departure prohibition orders

A New Tax System (Family Assistance) Act 1999

1  Subsection 3(1) (at the end of the definition of Australia )

Add:

Note:          In Division 5 of Part 4 of the Family Assistance Administration Act (about departure prohibition orders), Australia has an extended meaning.

A New Tax System (Family Assistance) (Administration) Act 1999

2  Subsection 3(1)

Insert:

departure authorisation certificate means a certificate under Subdivision D of Division 5 of Part 4.

departure prohibition order means an order under Subdivision A of Division 5 of Part 4 (including such an order varied under Subdivision C of that Division).

3  At the end of Part 4

Add:

Division 5 Departure prohibition orders

Subdivision A Secretary may make departure prohibition orders

102A   Secretary may make departure prohibition orders

             (1)  The Secretary may make an order (a departure prohibition order ) prohibiting a person from departing from Australia for a foreign country if:

                     (a)  the person has one or more debts to the Commonwealth under this Part; and

                     (b)  there are not arrangements satisfactory to the Secretary for the one or more debts to be wholly paid; and

                     (c)  the Secretary believes on reasonable grounds that it is desirable to make the order for the purpose of ensuring that the person does not depart from Australia for a foreign country without:

                              (i)  having wholly paid the one or more debts; or

                             (ii)  there being arrangements satisfactory to the Secretary for the one or more debts to be wholly paid.

Matters to be taken into account in making order

             (2)  Before making an order under this section, the Secretary must have regard to the following matters:

                     (a)  the capacity of the person to pay the one or more debts;

                     (b)  whether any action has been taken to recover any such debt, and the outcome of the recovery action;

                     (c)  the length of time for which any such debt has remained unpaid after the day on which it became due and payable;

                     (d)  such other matters as the Secretary considers appropriate.

Form of order

             (3)  A departure prohibition order must be in a form approved by the Secretary.

Subdivision B Departure from Australia of debtors prohibited

102B   Departure from Australia of debtors prohibited

                   A person must not depart from Australia for a foreign country if:

                     (a)  a departure prohibition order in respect of the person is in force, and the person knows that the order is in force, or is reckless as to whether the order is in force; and

                     (b)  the person’s departure is not authorised by a departure authorisation certificate, and the person knows that the departure is not authorised by such a certificate, or is reckless as to whether the departure is authorised by such a certificate.

Penalty:  Imprisonment for 12 months.

Subdivision C Other rules for departure prohibition orders

102C   Notification requirements for departure prohibition orders

             (1)  This section applies if the Secretary makes a departure prohibition order in respect of a person.

Notifying person of order

             (2)  The Secretary must notify the person that the order has been made.

             (3)  The notice must be in a form approved by the Secretary and must be given as soon as practicable after making the order.

Notifying other persons of order

             (4)  Unless the Secretary is satisfied that the person is an Australian citizen, the Secretary must give the Secretary of the Department administered by the Minister administering the Migration Act 1958 a copy of the order, and information likely to facilitate identification of the person, for the purposes of administering that Act.

             (5)  The Secretary must also give a copy of the order, and information likely to facilitate identification of the person for the purposes of this Division, to such other persons as the Secretary considers appropriate in the circumstances, being persons declared in an instrument under subsection (6).

             (6)  The Secretary may, by legislative instrument, declare persons for the purposes of subsection (5).

             (7)  The Secretary must give a copy of the order or information under subsection (4) or (5) as soon as practicable after making the order.

102D   Operation of departure prohibition order

             (1)  A departure prohibition order comes into force when it is made, and continues in force until it is revoked, or until it is set aside by a court.

Note:          Subdivision E deals with appeals to the Federal Court of Australia or the Federal Circuit Court of Australia against the making of departure prohibition orders.

             (2)  However, a departure prohibition order in respect of a person is not in force during any period when a deportation order in respect of the person is in force under the Migration Act 1958 .

102E   Revocation and variation of departure prohibition orders

             (1)  The Secretary must revoke a departure prohibition order in respect of a person if:

                     (a)  the person no longer has any debts to the Commonwealth under this Part; or

                     (b)  there are arrangements satisfactory to the Secretary for the one or more debts the person has to the Commonwealth under this Part to be wholly paid; or

                     (c)  the Secretary is satisfied that the one or more debts the person has to the Commonwealth under this Part are completely irrecoverable.

             (2)  The Secretary may revoke or vary a departure prohibition order in respect of a person if the Secretary considers it desirable to do so.

             (3)  A revocation or variation, under this section, of a departure prohibition order may be:

                     (a)  on application by the person in a form approved by the Secretary; or

                     (b)  on the Secretary’s own initiative.

102F   Notification requirements for revocations and variations

             (1)  If the Secretary revokes or varies a departure prohibition order in respect of a person, the Secretary must give notice of the revocation or variation to:

                     (a)  the person; and

                     (b)  each person to whom a copy of the departure prohibition order was given under subsection 102C(4) or (5).

             (2)  If:

                     (a)  a person makes an application under paragraph 102E(3)(a) for the revocation or variation of a departure prohibition order; and

                     (b)  the Secretary refuses to revoke or vary the order;

the Secretary must give notice of the refusal to the person.

             (3)  A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Subdivision D Departure authorisation certificates

102G   Application for departure authorisation certificate

             (1)  A person in respect of whom a departure prohibition order is in force may apply for a certificate (a departure authorisation certificate ) authorising the person to depart from Australia for a foreign country.

             (2)  The application must be in a form approved by the Secretary.

102H   When Secretary must issue departure authorisation certificate

             (1)  This section applies if a person makes an application under section 102G for a departure authorisation certificate.

             (2)  The Secretary must issue the departure authorisation certificate if the Secretary is satisfied:

                     (a)  that, if the certificate is issued:

                              (i)  it is likely that the person will depart from Australia and return to Australia within a period that the Secretary considers appropriate; and

                             (ii)  it is likely that, within a period that the Secretary considers appropriate, the Secretary will be required by subsection 102E(1) to revoke the departure prohibition order in respect of the person; and

                     (b)  that it is not necessary for the person to give security under section 102J for the person’s return to Australia.

             (3)  If the Secretary is not satisfied as mentioned in subsection (2), the Secretary must issue the departure authorisation certificate if:

                     (a)  the person has given security under section 102J for the person’s return to Australia; or

                     (b)  if the person is unable to give such security, the Secretary is satisfied:

                              (i)  that the certificate should be issued on humanitarian grounds; or

                             (ii)  that refusing to issue the certificate will be detrimental to Australia’s interests.

102J   Security for person’s return to Australia

             (1)  A person may give such security as the Secretary considers appropriate by bond, deposit or any other means, for the person’s return to Australia by such day as is agreed by the person and the Secretary and is specified in the departure authorisation certificate.

             (2)  The Secretary may substitute a later day for the day mentioned in subsection (1):

                     (a)  on application by the person in a form approved by the Secretary; or

                     (b)  on the Secretary’s own initiative.

             (3)  The Secretary may refuse an application by a person to substitute a later day if:

                     (a)  the person refuses to increase the value of the security already given to a level that the Secretary considers appropriate; or

                     (b)  the person refuses to give such further security as the Secretary considers appropriate; or

                     (c)  the Secretary considers that it would not be appropriate to substitute the later day.

102K   What departure authorisation certificate must authorise

             (1)  A departure authorisation certificate in respect of a person must authorise the departure of the person on or before the seventh day after a day specified in the certificate.

             (2)  The day specified in the certificate must be a day that is after the day on which the certificate is issued, but not more than 7 days after that day.

102L   Notification requirements for departure authorisation certificates

             (1)  If the Secretary issues a departure authorisation certificate in respect of a person, the Secretary must, as soon as practicable, give a copy of the certificate to:

                     (a)  the person; and

                     (b)  each person to whom a copy of the departure prohibition order in respect of the person was given under subsection 102C(4) or (5).

             (2)  If:

                     (a)  a person makes an application under section 102G for a departure authorisation certificate; and

                     (b)  the Secretary refuses to issue the certificate;

the Secretary must give notice of the refusal to the person.

             (3)  The notice must be in a form approved by the Secretary and must be given as soon as practicable after the refusal.

102M   Notification requirements for substituted days

             (1)  If, under section 102J, the Secretary substitutes a later day for a person’s return to Australia, the Secretary must give notice of that decision to:

                     (a)  the person; and

                     (b)  each person to whom a copy of the departure prohibition order in respect of the person was given under subsection 102C(4) or (5).

             (2)  If:

                     (a)  a person makes an application under paragraph 102J(2)(a) to substitute a later day for the person’s return to Australia; and

                     (b)  the Secretary refuses the application;

the Secretary must give notice of the refusal to the person.

             (3)  A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Subdivision E Appeals and review in relation to departure prohibition orders and departure authorisation certificates

102N   Appeals to courts against making of departure prohibition orders

             (1)  A person aggrieved by the making of a departure prohibition order may appeal to the Federal Court of Australia or the Federal Circuit Court of Australia against the making of the order.

             (2)  This section has effect subject to Chapter III of the Constitution.

102P   Jurisdiction of courts

                   The jurisdiction of a court under section 102N must be exercised by a single Judge.

102Q   Orders of court on appeal

                   A court hearing an appeal under section 102N against the making of a departure prohibition order may, in its discretion:

                     (a)  make an order setting aside the order; or

                     (b)  dismiss the appeal.

102R   Review of decisions

             (1)  Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary under section 102E, 102H or 102J.

             (2)  Despite any provision of Part 5, that Part does not apply in relation to any decision of the Secretary under this Division.

Subdivision F Enforcement

102S   Powers of officers of Customs and members of the Australian Federal Police

             (1)  This section applies if an officer (within the meaning of the Customs Act 1901 ), or a member of the Australian Federal Police, believes on reasonable grounds that:

                     (a)  a person is about to depart from Australia for a foreign country; and

                     (b)  a departure prohibition order in respect of the person is in force; and

                     (c)  the person’s departure is not authorised by a departure authorisation certificate.

             (2)  The officer or member may:

                     (a)  take such steps as are reasonably necessary to prevent the person’s departure, including, but not limited to, steps to prevent the person going on board, or to remove the person from, a vessel or aircraft in which the officer or member believes on reasonable grounds the departure will take place; and

                     (b)  require the person to answer questions or produce documents to the officer or member for the purposes of working out whether:

                              (i)  a departure prohibition order in respect of the person is in force; and

                             (ii)  if such an order in respect of the person is in force—whether the person’s departure is authorised by a departure authorisation certificate.

             (3)  A person commits an offence if:

                     (a)  the person is subject to a requirement under paragraph (2)(b); and

                     (b)  the person refuses or fails to comply with the requirement.

Penalty:  30 penalty units.

             (4)  Subsection (3) does not apply if the person answers the question or produces the document to the extent that the person is capable of answering the question or producing the document.

Note:          A defendant bears an evidential burden in relation to the matters mentioned in subsection (4): see subsection 13.3(3) of the Criminal Code .

102T   Privilege against self-incrimination

             (1)  An individual is not excused from answering a question, or producing a document, under paragraph 102S(2)(b) on the ground that the answer to the question or the production of the document might tend to incriminate the individual or expose the individual to a penalty.

             (2)  However:

                     (a)  the answer given or document produced; and

                     (b)  answering the question or producing the document; and

                     (c)  any information, document or thing obtained as a direct or indirect consequence of the answering of the question or producing the document;

are not admissible in evidence against the individual in any criminal proceedings, other than proceedings under section 137.1 or 137.2 of the Criminal Code in relation to answering the question or producing the document.

102U   Production of authority to depart

             (1)  If:

                     (a)  a departure prohibition order in respect of a person is in force; and

                     (b)  the person is about to depart from Australia for a foreign country; and

                     (c)  the person’s departure is authorised by a departure authorisation certificate;

an officer (within the meaning of the Customs Act 1901 ), or a member of the Australian Federal Police, may request the person to give a copy of the certificate to the officer or member for inspection.

             (2)  A person commits an offence of strict liability if:

                     (a)  an officer (within the meaning of the Customs Act 1901 ), or a member of the Australian Federal Police, has made a request of the person under subsection (1); and

                     (b)  the person refuses or fails to comply with the request.

Penalty for contravention of this subsection:        5 penalty units.

Subdivision G Interpretation

102V   Interpretation—departure from Australia for foreign country

                   A reference in this Division to the departure of a person from Australia for a foreign country is a reference to the departure of the person from Australia for a foreign country, whether or not the person intends to return to Australia.

102W   Meaning of Australia

                   For the purposes of this Division, Australia , when used in a geographical sense, includes the external Territories.

4  Part 5 (after the heading)

Insert:

Note:       This Part does not apply in relation to any decision of the Secretary under Division 5 of Part 4 (about departure prohibition orders).

Paid Parental Leave Act 2010

5  Section 6 (at the end of the definition of Australia )

Add:

Note:          In Division 7A of Part 4-3 (about departure prohibition orders), Australia has an extended meaning.

6  Section 6

Insert:

departure authorisation certificate means a certificate under Subdivision D of Division 7A of Part 4-3.

departure prohibition order means an order under Subdivision A of Division 7A of Part 4-3 (including such an order varied under Subdivision C of that Division).

7  Section 164

After:

Division 7 allows the Secretary to waive debts in various circumstances.

insert:

Division 7A deals with when a departure prohibition order, prohibiting a person from departing from Australia for a foreign country, can be made if the person has a debt due to the Commonwealth under this Act.

8  After Division 7 of Part 4-3

Insert:

Division 7A Departure prohibition orders

Subdivision A Secretary may make departure prohibition orders

200A   Secretary may make departure prohibition orders

             (1)  The Secretary may make an order (a departure prohibition order ) prohibiting a person from departing from Australia for a foreign country if:

                     (a)  the person has one or more debts to the Commonwealth under this Act; and

                     (b)  there are not arrangements satisfactory to the Secretary for the one or more debts to be wholly paid; and

                     (c)  the Secretary believes on reasonable grounds that it is desirable to make the order for the purpose of ensuring that the person does not depart from Australia for a foreign country without:

                              (i)  having wholly paid the one or more debts; or

                             (ii)  there being arrangements satisfactory to the Secretary for the one or more debts to be wholly paid.

Matters to be taken into account in making order

             (2)  Before making an order under this section, the Secretary must have regard to the following matters:

                     (a)  the capacity of the person to pay the one or more debts;

                     (b)  whether any action has been taken to recover any such debt, and the outcome of the recovery action;

                     (c)  the length of time for which any such debt has remained unpaid after the day on which it became due and payable;

                     (d)  such other matters as the Secretary considers appropriate.

Form of order

             (3)  A departure prohibition order must be in a form approved by the Secretary.

Debts under section 168 disregarded

             (4)  A debt that a person has under section 168 is to be disregarded for the purposes of this section.

Subdivision B Departure from Australia of debtors prohibited

200B   Departure from Australia of debtors prohibited

                   A person must not depart from Australia for a foreign country if:

                     (a)  a departure prohibition order in respect of the person is in force, and the person knows that the order is in force, or is reckless as to whether the order is in force; and

                     (b)  the person’s departure is not authorised by a departure authorisation certificate, and the person knows that the departure is not authorised by such a certificate, or is reckless as to whether the departure is authorised by such a certificate.

Penalty:  Imprisonment for 12 months.

Subdivision C Other rules for departure prohibition orders

200C   Notification requirements for departure prohibition orders

             (1)  This section applies if the Secretary makes a departure prohibition order in respect of a person.

Notifying person of order

             (2)  The Secretary must notify the person that the order has been made.

             (3)  The notice must be in a form approved by the Secretary and must be given as soon as practicable after making the order.

Notifying other persons of order

             (4)  Unless the Secretary is satisfied that the person is an Australian citizen, the Secretary must give the Secretary of the Department administered by the Immigration Minister a copy of the order, and information likely to facilitate identification of the person, for the purposes of administering the Migration Act 1958 .

             (5)  The Secretary must also give a copy of the order, and information likely to facilitate identification of the person for the purposes of this Division, to such other persons as the Secretary considers appropriate in the circumstances, being persons prescribed by the PPL rules.

             (6)  The Secretary must give a copy of the order or information under subsection (4) or (5) as soon as practicable after making the order.

200D   Operation of departure prohibition order

             (1)  A departure prohibition order comes into force when it is made, and continues in force until it is revoked, or until it is set aside by a court.

Note:          Subdivision E deals with appeals to the Federal Court or the Federal Circuit Court against the making of departure prohibition orders.

             (2)  However, a departure prohibition order in respect of a person is not in force during any period when a deportation order in respect of the person is in force under the Migration Act 1958 .

200E   Revocation and variation of departure prohibition orders

             (1)  The Secretary must revoke a departure prohibition order in respect of a person if:

                     (a)  the person no longer has any debts to the Commonwealth under this Act; or

                     (b)  there are arrangements satisfactory to the Secretary for the one or more debts the person has to the Commonwealth under this Act to be wholly paid; or

                     (c)  the Secretary is satisfied that the one or more debts the person has to the Commonwealth under this Act are completely irrecoverable.

             (2)  The Secretary may revoke or vary a departure prohibition order in respect of a person if the Secretary considers it desirable to do so.

             (3)  A revocation or variation, under this section, of a departure prohibition order may be:

                     (a)  on application by the person in a form approved by the Secretary; or

                     (b)  on the Secretary’s own initiative.

Debts under section 168 disregarded

             (4)  A debt that a person has under section 168 is to be disregarded for the purposes of this section.

200F   Notification requirements for revocations and variations

             (1)  If the Secretary revokes or varies a departure prohibition order in respect of a person, the Secretary must give notice of the revocation or variation to:

                     (a)  the person; and

                     (b)  each person to whom a copy of the departure prohibition order was given under subsection 200C(4) or (5).

             (2)  If:

                     (a)  a person makes an application under paragraph 200E(3)(a) for the revocation or variation of a departure prohibition order; and

                     (b)  the Secretary refuses to revoke or vary the order;

the Secretary must give notice of the refusal to the person.

             (3)  A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Subdivision D Departure authorisation certificates

200G   Application for departure authorisation certificate

             (1)  A person in respect of whom a departure prohibition order is in force may apply for a certificate (a departure authorisation certificate ) authorising the person to depart from Australia for a foreign country.

             (2)  The application must be in a form approved by the Secretary.

200H   When Secretary must issue departure authorisation certificate

             (1)  This section applies if a person makes an application under section 200G for a departure authorisation certificate.

             (2)  The Secretary must issue the departure authorisation certificate if the Secretary is satisfied:

                     (a)  that, if the certificate is issued:

                              (i)  it is likely that the person will depart from Australia and return to Australia within a period that the Secretary considers appropriate; and

                             (ii)  it is likely that, within a period that the Secretary considers appropriate, the Secretary will be required by subsection 200E(1) to revoke the departure prohibition order in respect of the person; and

                     (b)  that it is not necessary for the person to give security under section 200J for the person’s return to Australia.

             (3)  If the Secretary is not satisfied as mentioned in subsection (2), the Secretary must issue the departure authorisation certificate if:

                     (a)  the person has given security under section 200J for the person’s return to Australia; or

                     (b)  if the person is unable to give such security, the Secretary is satisfied:

                              (i)  that the certificate should be issued on humanitarian grounds; or

                             (ii)  that refusing to issue the certificate will be detrimental to Australia’s interests.

200J   Security for person’s return to Australia

             (1)  A person may give such security as the Secretary considers appropriate by bond, deposit or any other means, for the person’s return to Australia by such day as is agreed by the person and the Secretary and is specified in the departure authorisation certificate.

             (2)  The Secretary may substitute a later day for the day mentioned in subsection (1):

                     (a)  on application by the person in a form approved by the Secretary; or

                     (b)  on the Secretary’s own initiative.

             (3)  The Secretary may refuse an application by a person to substitute a later day if:

                     (a)  the person refuses to increase the value of the security already given to a level that the Secretary considers appropriate; or

                     (b)  the person refuses to give such further security as the Secretary considers appropriate; or

                     (c)  the Secretary considers that it would not be appropriate to substitute the later day.

200K   What departure authorisation certificate must authorise

             (1)  A departure authorisation certificate in respect of a person must authorise the departure of the person on or before the seventh day after a day specified in the certificate.

             (2)  The day specified in the certificate must be a day that is after the day on which the certificate is issued, but not more than 7 days after that day.

200L   Notification requirements for departure authorisation certificates

             (1)  If the Secretary issues a departure authorisation certificate in respect of a person, the Secretary must, as soon as practicable, give a copy of the certificate to:

                     (a)  the person; and

                     (b)  each person to whom a copy of the departure prohibition order in respect of the person was given under subsection 200C(4) or (5).

             (2)  If:

                     (a)  a person makes an application under section 200G for a departure authorisation certificate; and

                     (b)  the Secretary refuses to issue the certificate;

the Secretary must give notice of the refusal to the person.

             (3)  The notice must be in a form approved by the Secretary and must be given as soon as practicable after the refusal.

200M   Notification requirements for substituted days

             (1)  If, under section 200J, the Secretary substitutes a later day for a person’s return to Australia, the Secretary must give notice of that decision to:

                     (a)  the person; and

                     (b)  each person to whom a copy of the departure prohibition order in respect of the person was given under subsection 200C(4) or (5).

             (2)  If:

                     (a)  a person makes an application under paragraph 200J(2)(a) to substitute a later day for the person’s return to Australia; and

                     (b)  the Secretary refuses the application;

the Secretary must give notice of the refusal to the person.

             (3)  A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Subdivision E Appeals and review in relation to departure prohibition orders and departure authorisation certificates

200N   Appeals to courts against making of departure prohibition orders

             (1)  A person aggrieved by the making of a departure prohibition order may appeal to the Federal Court or the Federal Circuit Court against the making of the order.

             (2)  This section has effect subject to Chapter III of the Constitution.

200P   Jurisdiction of courts

                   The jurisdiction of a court under section 200N must be exercised by a single Judge.

200Q   Orders of court on appeal

                   A court hearing an appeal under section 200N against the making of a departure prohibition order may, in its discretion:

                     (a)  make an order setting aside the order; or

                     (b)  dismiss the appeal.

200R   Review of decisions

             (1)  Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary under section 200E, 200H or 200J.

             (2)  Despite any provision of Chapter 5, that Chapter does not apply in relation to any decision of the Secretary under this Division.

Subdivision F Enforcement

200S   Powers of officers of Customs and members of the Australian Federal Police

             (1)  This section applies if an officer (within the meaning of the Customs Act 1901 ), or a member of the Australian Federal Police, believes on reasonable grounds that:

                     (a)  a person is about to depart from Australia for a foreign country; and

                     (b)  a departure prohibition order in respect of the person is in force; and

                     (c)  the person’s departure is not authorised by a departure authorisation certificate.

             (2)  The officer or member may:

                     (a)  take such steps as are reasonably necessary to prevent the person’s departure, including, but not limited to, steps to prevent the person going on board, or to remove the person from, a vessel or aircraft in which the officer or member believes on reasonable grounds the departure will take place; and

                     (b)  require the person to answer questions or produce documents to the officer or member for the purposes of working out whether:

                              (i)  a departure prohibition order in respect of the person is in force; and

                             (ii)  if such an order in respect of the person is in force—whether the person’s departure is authorised by a departure authorisation certificate.

             (3)  A person commits an offence if:

                     (a)  the person is subject to a requirement under paragraph (2)(b); and

                     (b)  the person refuses or fails to comply with the requirement.

Penalty:  30 penalty units.

             (4)  Subsection (3) does not apply if the person answers the question or produces the document to the extent that the person is capable of answering the question or producing the document.

Note:          A defendant bears an evidential burden in relation to the matters mentioned in subsection (4): see subsection 13.3(3) of the Criminal Code .

200T   Privilege against self-incrimination

             (1)  An individual is not excused from answering a question, or producing a document, under paragraph 200S(2)(b) on the ground that the answer to the question or the production of the document might tend to incriminate the individual or expose the individual to a penalty.

             (2)  However:

                     (a)  the answer given or document produced; and

                     (b)  answering the question or producing the document; and

                     (c)  any information, document or thing obtained as a direct or indirect consequence of the answering of the question or producing the document;

are not admissible in evidence against the individual in any criminal proceedings, other than proceedings under section 137.1 or 137.2 of the Criminal Code in relation to answering the question or producing the document.

200U   Production of authority to depart

             (1)  If:

                     (a)  a departure prohibition order in respect of a person is in force; and

                     (b)  the person is about to depart from Australia for a foreign country; and

                     (c)  the person’s departure is authorised by a departure authorisation certificate;

an officer (within the meaning of the Customs Act 1901 ), or a member of the Australian Federal Police, may request the person to give a copy of the certificate to the officer or member for inspection.

             (2)  A person commits an offence of strict liability if:

                     (a)  an officer (within the meaning of the Customs Act 1901 ), or a member of the Australian Federal Police, has made a request of the person under subsection (1); and

                     (b)  the person refuses or fails to comply with the request.

Penalty for contravention of this subsection:        5 penalty units.

Subdivision G Interpretation

200V   Interpretation—departure from Australia for foreign country

                   A reference in this Division to the departure of a person from Australia for a foreign country is a reference to the departure of the person from Australia for a foreign country, whether or not the person intends to return to Australia.

200W   Meaning of Australia

                   For the purposes of this Division, Australia , when used in a geographical sense, includes the external Territories.

9  Chapter 5 (after the heading)

Insert:

Note:       This Chapter does not apply in relation to any decision of the Secretary under Division 7A of Part 4-3 (about departure prohibition orders).

Social Security Act 1991

10  Subsection 23(1) (definition of Australia , before the note)

Insert:

Note 1:       In Part 5.5 of Chapter 5 (about departure prohibition orders), Australia has an extended meaning.

11  Subsection 23(1) (note at the end of the definition of Australia )

Omit “Note”, substitute “Note 2”.

12  Subsection 23(1)

Insert:

departure authorisation certificate means a certificate under Division 4 of Part 5.5.

departure prohibition order means an order under Division 1 of Part 5.5 (including such an order varied under Division 3 of that Part).

13  At the end of Chapter 5

Add:

Part 5.5 Departure prohibition orders

Division 1 Secretary may make departure prohibition orders

1240   Secretary may make departure prohibition orders

             (1)  The Secretary may make an order (a departure prohibition order ) prohibiting a person from departing from Australia for a foreign country if:

                     (a)  the person has one or more debts to the Commonwealth under the social security law; and

                     (b)  there are not arrangements satisfactory to the Secretary for the one or more debts to be wholly paid; and

                     (c)  the Secretary believes on reasonable grounds that it is desirable to make the order for the purpose of ensuring that the person does not depart from Australia for a foreign country without:

                              (i)  having wholly paid the one or more debts; or

                             (ii)  there being arrangements satisfactory to the Secretary for the one or more debts to be wholly paid.

Matters to be taken into account in making order

             (2)  Before making an order under this section, the Secretary must have regard to the following matters:

                     (a)  the capacity of the person to pay the one or more debts;

                     (b)  whether any action has been taken to recover any such debt, and the outcome of the recovery action;

                     (c)  the length of time for which any such debt has remained unpaid after the day on which it became due and payable;

                     (d)  such other matters as the Secretary considers appropriate.

Form of order

             (3)  A departure prohibition order must be in a form approved by the Secretary.

Division 2 Departure from Australia of debtors prohibited

1241   Departure from Australia of debtors prohibited

                   A person must not depart from Australia for a foreign country if:

                     (a)  a departure prohibition order in respect of the person is in force, and the person knows that the order is in force, or is reckless as to whether the order is in force; and

                     (b)  the person’s departure is not authorised by a departure authorisation certificate, and the person knows that the departure is not authorised by such a certificate, or is reckless as to whether the departure is authorised by such a certificate.

Penalty:  Imprisonment for 12 months.

Division 3 Other rules for departure prohibition orders

1242   Notification requirements for departure prohibition orders

             (1)  This section applies if the Secretary makes a departure prohibition order in respect of a person.

Notifying person of order

             (2)  The Secretary must notify the person that the order has been made.

             (3)  The notice must be in a form approved by the Secretary and must be given as soon as practicable after making the order.

Notifying other persons of order

             (4)  Unless the Secretary is satisfied that the person is an Australian citizen, the Secretary must give the Secretary of the Department administered by the Minister administering the Migration Act 1958 a copy of the order, and information likely to facilitate identification of the person, for the purposes of administering that Act.

             (5)  The Secretary must also give a copy of the order, and information likely to facilitate identification of the person for the purposes of this Part, to such other persons as the Secretary considers appropriate in the circumstances, being persons declared in an instrument under subsection (6).

             (6)  The Secretary may, by legislative instrument, declare persons for the purposes of subsection (5).

             (7)  The Secretary must give a copy of the order or information under subsection (4) or (5) as soon as practicable after making the order.

1243   Operation of departure prohibition order

             (1)  A departure prohibition order comes into force when it is made, and continues in force until it is revoked, or until it is set aside by a court.

Note:          Division 5 deals with appeals to the Federal Court of Australia or the Federal Circuit Court of Australia against the making of departure prohibition orders.

             (2)  However, a departure prohibition order in respect of a person is not in force during any period when a deportation order in respect of the person is in force under the Migration Act 1958 .

1244   Revocation and variation of departure prohibition orders

             (1)  The Secretary must revoke a departure prohibition order in respect of a person if:

                     (a)  the person no longer has any debts to the Commonwealth under the social security law; or

                     (b)  there are arrangements satisfactory to the Secretary for the one or more debts the person has to the Commonwealth under the social security law to be wholly paid; or

                     (c)  the Secretary is satisfied that the one or more debts the person has to the Commonwealth under the social security law are completely irrecoverable.

             (2)  The Secretary may revoke or vary a departure prohibition order in respect of a person if the Secretary considers it desirable to do so.

             (3)  A revocation or variation, under this section, of a departure prohibition order may be:

                     (a)  on application by the person in a form approved by the Secretary; or

                     (b)  on the Secretary’s own initiative.

1245   Notification requirements for revocations and variations

             (1)  If the Secretary revokes or varies a departure prohibition order in respect of a person, the Secretary must give notice of the revocation or variation to:

                     (a)  the person; and

                     (b)  each person to whom a copy of the departure prohibition order was given under subsection 1242(4) or (5).

             (2)  If:

                     (a)  a person makes an application under paragraph 1244(3)(a) for the revocation or variation of a departure prohibition order; and

                     (b)  the Secretary refuses to revoke or vary the order;

the Secretary must give notice of the refusal to the person.

             (3)  A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Division 4 Departure authorisation certificates

1246   Application for departure authorisation certificate

             (1)  A person in respect of whom a departure prohibition order is in force may apply for a certificate (a departure authorisation certificate ) authorising the person to depart from Australia for a foreign country.

             (2)  The application must be in a form approved by the Secretary.

1247   When Secretary must issue departure authorisation certificate

             (1)  This section applies if a person makes an application under section 1246 for a departure authorisation certificate.

             (2)  The Secretary must issue the departure authorisation certificate if the Secretary is satisfied:

                     (a)  that, if the certificate is issued:

                              (i)  it is likely that the person will depart from Australia and return to Australia within a period that the Secretary considers appropriate; and

                             (ii)  it is likely that, within a period that the Secretary considers appropriate, the Secretary will be required by subsection 1244(1) to revoke the departure prohibition order in respect of the person; and

                     (b)  that it is not necessary for the person to give security under section 1248 for the person’s return to Australia.

             (3)  If the Secretary is not satisfied as mentioned in subsection (2), the Secretary must issue the departure authorisation certificate if:

                     (a)  the person has given security under section 1248 for the person’s return to Australia; or

                     (b)  if the person is unable to give such security, the Secretary is satisfied:

                              (i)  that the certificate should be issued on humanitarian grounds; or

                             (ii)  that refusing to issue the certificate will be detrimental to Australia’s interests.

1248   Security for person’s return to Australia

             (1)  A person may give such security as the Secretary considers appropriate by bond, deposit or any other means, for the person’s return to Australia by such day as is agreed by the person and the Secretary and is specified in the departure authorisation certificate.

             (2)  The Secretary may substitute a later day for the day mentioned in subsection (1):

                     (a)  on application by the person in a form approved by the Secretary; or

                     (b)  on the Secretary’s own initiative.

             (3)  The Secretary may refuse an application by a person to substitute a later day if:

                     (a)  the person refuses to increase the value of the security already given to a level that the Secretary considers appropriate; or

                     (b)  the person refuses to give such further security as the Secretary considers appropriate; or

                     (c)  the Secretary considers that it would not be appropriate to substitute the later day.

1249   What departure authorisation certificate must authorise

             (1)  A departure authorisation certificate in respect of a person must authorise the departure of the person on or before the seventh day after a day specified in the certificate.

             (2)  The day specified in the certificate must be a day that is after the day on which the certificate is issued, but not more than 7 days after that day.

1250   Notification requirements for departure authorisation certificates

             (1)  If the Secretary issues a departure authorisation certificate in respect of a person, the Secretary must, as soon as practicable, give a copy of the certificate to:

                     (a)  the person; and

                     (b)  each person to whom a copy of the departure prohibition order in respect of the person was given under subsection 1242(4) or (5).

             (2)  If:

                     (a)  a person makes an application under section 1246 for a departure authorisation certificate; and

                     (b)  the Secretary refuses to issue the certificate;

the Secretary must give notice of the refusal to the person.

             (3)  The notice must be in a form approved by the Secretary and must be given as soon as practicable after the refusal.

1251   Notification requirements for substituted days

             (1)  If, under section 1248, the Secretary substitutes a later day for a person’s return to Australia, the Secretary must give notice of that decision to:

                     (a)  the person; and

                     (b)  each person to whom a copy of the departure prohibition order in respect of the person was given under subsection 1242(4) or (5).

             (2)  If:

                     (a)  a person makes an application under paragraph 1248(2)(a) to substitute a later day for the person’s return to Australia; and

                     (b)  the Secretary refuses the application;

the Secretary must give notice of the refusal to the person.

             (3)  A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Division 5 Appeals and review in relation to departure prohibition orders and departure authorisation certificates

1252   Appeals to courts against making of departure prohibition orders

             (1)  A person aggrieved by the making of a departure prohibition order may appeal to the Federal Court of Australia or the Federal Circuit Court of Australia against the making of the order.

             (2)  This section has effect subject to Chapter III of the Constitution.

1253   Jurisdiction of courts

                   The jurisdiction of a court under section 1252 must be exercised by a single Judge.

1254   Orders of court on appeal

                   A court hearing an appeal under section 1252 against the making of a departure prohibition order may, in its discretion:

                     (a)  make an order setting aside the order; or

                     (b)  dismiss the appeal.

1255   Review of decisions

             (1)  Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary under section 1244, 1247 or 1248.

             (2)  Despite any provision of Parts 4 and 4A of the Administration Act, those Parts do not apply in relation to any decision of the Secretary under this Part.

Division 6 Enforcement

1256   Powers of officers of Customs and members of the Australian Federal Police

             (1)  This section applies if an officer (within the meaning of the Customs Act 1901 ), or a member of the Australian Federal Police, believes on reasonable grounds that:

                     (a)  a person is about to depart from Australia for a foreign country; and

                     (b)  a departure prohibition order in respect of the person is in force; and

                     (c)  the person’s departure is not authorised by a departure authorisation certificate.

             (2)  The officer or member may:

                     (a)  take such steps as are reasonably necessary to prevent the person’s departure, including, but not limited to, steps to prevent the person going on board, or to remove the person from, a vessel or aircraft in which the officer or member believes on reasonable grounds the departure will take place; and

                     (b)  require the person to answer questions or produce documents to the officer or member for the purposes of working out whether:

                              (i)  a departure prohibition order in respect of the person is in force; and

                             (ii)  if such an order in respect of the person is in force—whether the person’s departure is authorised by a departure authorisation certificate.

             (3)  A person commits an offence if:

                     (a)  the person is subject to a requirement under paragraph (2)(b); and

                     (b)  the person refuses or fails to comply with the requirement.

Penalty:  30 penalty units.

             (4)  Subsection (3) does not apply if the person answers the question or produces the document to the extent that the person is capable of answering the question or producing the document.

Note:          A defendant bears an evidential burden in relation to the matters mentioned in subsection (4): see subsection 13.3(3) of the Criminal Code .

1257   Privilege against self-incrimination

             (1)  An individual is not excused from answering a question, or producing a document, under paragraph 1256(2)(b) on the ground that the answer to the question or the production of the document might tend to incriminate the individual or expose the individual to a penalty.

             (2)  However:

                     (a)  the answer given or document produced; and

                     (b)  answering the question or producing the document; and

                     (c)  any information, document or thing obtained as a direct or indirect consequence of the answering of the question or producing the document;

are not admissible in evidence against the individual in any criminal proceedings, other than proceedings under section 137.1 or 137.2 of the Criminal Code in relation to answering the question or producing the document.

1258   Production of authority to depart

             (1)  If:

                     (a)  a departure prohibition order in respect of a person is in force; and

                     (b)  the person is about to depart from Australia for a foreign country; and

                     (c)  the person’s departure is authorised by a departure authorisation certificate;

an officer (within the meaning of the Customs Act 1901 ), or a member of the Australian Federal Police, may request the person to give a copy of the certificate to the officer or member for inspection.

             (2)  A person commits an offence of strict liability if:

                     (a)  an officer (within the meaning of the Customs Act 1901 ), or a member of the Australian Federal Police, has made a request of the person under subsection (1); and

                     (b)  the person refuses or fails to comply with the request.

Penalty for contravention of this subsection:        5 penalty units.

Division 7 Interpretation

1259   Interpretation—departure from Australia for foreign country

                   A reference in this Part to the departure of a person from Australia for a foreign country is a reference to the departure of the person from Australia for a foreign country, whether or not the person intends to return to Australia.

1260   Meaning of Australia

             (1)  For the purposes of this Part, Australia , when used in a geographical sense, includes the external Territories.

             (2)  For the purposes of this section:

                     (a)  the definition of external Territory in subsection 23(1) does not apply; and

                     (b)  external Territory has the meaning given by section 2B of the Acts Interpretation Act 1901 .

Student Assistance Act 1973

14  Subsection 3(1) (at the end of the definition of Australia )

Add:

Note:          In Division 4 of Part 6 (about departure prohibition orders), Australia has an extended meaning.

15  Subsection 3(1)

Insert:

departure authorisation certificate means a certificate under Subdivision D of Division 4 of Part 6.

departure prohibition order means an order under Subdivision A of Division 4 of Part 6 (including such an order varied under Subdivision C of that Division).

16  At the end of Part 6

Add:

Division 4 Departure prohibition orders

Subdivision A Secretary may make departure prohibition orders

43G   Secretary may make departure prohibition orders

             (1)  The Secretary may make an order (a departure prohibition order ) prohibiting a person from departing from Australia for a foreign country if:

                     (a)  the person has one or more debts to the Commonwealth under this Part; and

                     (b)  there are not arrangements satisfactory to the Secretary for the one or more debts to be wholly paid; and

                     (c)  the Secretary believes on reasonable grounds that it is desirable to make the order for the purpose of ensuring that the person does not depart from Australia for a foreign country without:

                              (i)  having wholly paid the one or more debts; or

                             (ii)  there being arrangements satisfactory to the Secretary for the one or more debts to be wholly paid.

Matters to be taken into account in making order

             (2)  Before making an order under this section, the Secretary must have regard to the following matters:

                     (a)  the capacity of the person to pay the one or more debts;

                     (b)  whether any action has been taken to recover any such debt, and the outcome of the recovery action;

                     (c)  the length of time for which any such debt has remained unpaid after the day on which it became due and payable;

                     (d)  such other matters as the Secretary considers appropriate.

Form of order

             (3)  A departure prohibition order must be in a form approved by the Secretary.

Subdivision B Departure from Australia of debtors prohibited

43H   Departure from Australia of debtors prohibited

                   A person must not depart from Australia for a foreign country if:

                     (a)  a departure prohibition order in respect of the person is in force, and the person knows that the order is in force, or is reckless as to whether the order is in force; and

                     (b)  the person’s departure is not authorised by a departure authorisation certificate, and the person knows that the departure is not authorised by such a certificate, or is reckless as to whether the departure is authorised by such a certificate.

Penalty:  Imprisonment for 12 months.

Subdivision C Other rules for departure prohibition orders

43J   Notification requirements for departure prohibition orders

             (1)  This section applies if the Secretary makes a departure prohibition order in respect of a person.

Notifying person of order

             (2)  The Secretary must notify the person that the order has been made.

             (3)  The notice must be in a form approved by the Secretary and must be given as soon as practicable after making the order.

Notifying other persons of order

             (4)  Unless the Secretary is satisfied that the person is an Australian citizen, the Secretary must give the Secretary of the Department administered by the Minister administering the Migration Act 1958 a copy of the order, and information likely to facilitate identification of the person, for the purposes of administering that Act.

             (5)  The Secretary must also give a copy of the order, and information likely to facilitate identification of the person for the purposes of this Division, to such other persons as the Secretary considers appropriate in the circumstances, being persons declared in an instrument under subsection (6).

             (6)  The Secretary may, by legislative instrument, declare persons for the purposes of subsection (5).

             (7)  The Secretary must give a copy of the order or information under subsection (4) or (5) as soon as practicable after making the order.

43K   Operation of departure prohibition order

             (1)  A departure prohibition order comes into force when it is made, and continues in force until it is revoked, or until it is set aside by a court.

Note:          Subdivision E deals with appeals to the Federal Court of Australia or the Federal Circuit Court of Australia against the making of departure prohibition orders.

             (2)  However, a departure prohibition order in respect of a person is not in force during any period when a deportation order in respect of the person is in force under the Migration Act 1958 .

43L   Revocation and variation of departure prohibition orders

             (1)  The Secretary must revoke a departure prohibition order in respect of a person if:

                     (a)  the person no longer has any debts to the Commonwealth under this Part; or

                     (b)  there are arrangements satisfactory to the Secretary for the one or more debts the person has to the Commonwealth under this Part to be wholly paid; or

                     (c)  the Secretary is satisfied that the one or more debts the person has to the Commonwealth under this Part are completely irrecoverable.

             (2)  The Secretary may revoke or vary a departure prohibition order in respect of a person if the Secretary considers it desirable to do so.

             (3)  A revocation or variation, under this section, of a departure prohibition order may be:

                     (a)  on application by the person in a form approved by the Secretary; or

                     (b)  on the Secretary’s own initiative.

43M   Notification requirements for revocations and variations

             (1)  If the Secretary revokes or varies a departure prohibition order in respect of a person, the Secretary must give notice of the revocation or variation to:

                     (a)  the person; and

                     (b)  each person to whom a copy of the departure prohibition order was given under subsection 43J(4) or (5).

             (2)  If:

                     (a)  a person makes an application under paragraph 43L(3)(a) for the revocation or variation of a departure prohibition order; and

                     (b)  the Secretary refuses to revoke or vary the order;

the Secretary must give notice of the refusal to the person.

             (3)  A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Subdivision D Departure authorisation certificates

43N   Application for departure authorisation certificate

             (1)  A person in respect of whom a departure prohibition order is in force may apply for a certificate (a departure authorisation certificate ) authorising the person to depart from Australia for a foreign country.

             (2)  The application must be in a form approved by the Secretary.

43P   When Secretary must issue departure authorisation certificate

             (1)  This section applies if a person makes an application under section 43N for a departure authorisation certificate.

             (2)  The Secretary must issue the departure authorisation certificate if the Secretary is satisfied:

                     (a)  that, if the certificate is issued:

                              (i)  it is likely that the person will depart from Australia and return to Australia within a period that the Secretary considers appropriate; and

                             (ii)  it is likely that, within a period that the Secretary considers appropriate, the Secretary will be required by subsection 43L(1) to revoke the departure prohibition order in respect of the person; and

                     (b)  that it is not necessary for the person to give security under section 43Q for the person’s return to Australia.

             (3)  If the Secretary is not satisfied as mentioned in subsection (2), the Secretary must issue the departure authorisation certificate if:

                     (a)  the person has given security under section 43Q for the person’s return to Australia; or

                     (b)  if the person is unable to give such security, the Secretary is satisfied:

                              (i)  that the certificate should be issued on humanitarian grounds; or

                             (ii)  that refusing to issue the certificate will be detrimental to Australia’s interests.

43Q   Security for person’s return to Australia

             (1)  A person may give such security as the Secretary considers appropriate by bond, deposit or any other means, for the person’s return to Australia by such day as is agreed by the person and the Secretary and is specified in the departure authorisation certificate.

             (2)  The Secretary may substitute a later day for the day mentioned in subsection (1):

                     (a)  on application by the person in a form approved by the Secretary; or

                     (b)  on the Secretary’s own initiative.

             (3)  The Secretary may refuse an application by a person to substitute a later day if:

                     (a)  the person refuses to increase the value of the security already given to a level that the Secretary considers appropriate; or

                     (b)  the person refuses to give such further security as the Secretary considers appropriate; or

                     (c)  the Secretary considers that it would not be appropriate to substitute the later day.

43R   What departure authorisation certificate must authorise

             (1)  A departure authorisation certificate in respect of a person must authorise the departure of the person on or before the seventh day after a day specified in the certificate.

             (2)  The day specified in the certificate must be a day that is after the day on which the certificate is issued, but not more than 7 days after that day.

43S   Notification requirements for departure authorisation certificates

             (1)  If the Secretary issues a departure authorisation certificate in respect of a person, the Secretary must, as soon as practicable, give a copy of the certificate to:

                     (a)  the person; and

                     (b)  each person to whom a copy of the departure prohibition order in respect of the person was given under subsection 43J(4) or (5).

             (2)  If:

                     (a)  a person makes an application under section 43N for a departure authorisation certificate; and

                     (b)  the Secretary refuses to issue the certificate;

the Secretary must give notice of the refusal to the person.

             (3)  The notice must be in a form approved by the Secretary and must be given as soon as practicable after the refusal.

43T   Notification requirements for substituted days

             (1)  If, under section 43Q, the Secretary substitutes a later day for a person’s return to Australia, the Secretary must give notice of that decision to:

                     (a)  the person; and

                     (b)  each person to whom a copy of the departure prohibition order in respect of the person was given under subsection 43J(4) or (5).

             (2)  If:

                     (a)  a person makes an application under paragraph 43Q(2)(a) to substitute a later day for the person’s return to Australia; and

                     (b)  the Secretary refuses the application;

the Secretary must give notice of the refusal to the person.

             (3)  A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Subdivision E Appeals and review in relation to departure prohibition orders and departure authorisation certificates

43U   Appeals to courts against making of departure prohibition orders

             (1)  A person aggrieved by the making of a departure prohibition order may appeal to the Federal Court of Australia or the Federal Circuit Court of Australia against the making of the order.

             (2)  This section has effect subject to Chapter III of the Constitution.

43V   Jurisdiction of courts

                   The jurisdiction of a court under section 43U must be exercised by a single Judge.

43W   Orders of court on appeal

                   A court hearing an appeal under section 43U against the making of a departure prohibition order may, in its discretion:

                     (a)  make an order setting aside the order; or

                     (b)  dismiss the appeal.

43X   Review of decisions

             (1)  Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary under section 43L, 43P or 43Q.

             (2)  Despite any provision of Part 9, that Part does not apply in relation to any decision of the Secretary under this Division.

             (3)  In this section:

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975 .

Subdivision F Enforcement

43Y   Powers of officers of Customs and members of the Australian Federal Police

             (1)  This section applies if an officer (within the meaning of the Customs Act 1901 ), or a member of the Australian Federal Police, believes on reasonable grounds that:

                     (a)  a person is about to depart from Australia for a foreign country; and

                     (b)  a departure prohibition order in respect of the person is in force; and

                     (c)  the person’s departure is not authorised by a departure authorisation certificate.

             (2)  The officer or member may:

                     (a)  take such steps as are reasonably necessary to prevent the person’s departure, including, but not limited to, steps to prevent the person going on board, or to remove the person from, a vessel or aircraft in which the officer or member believes on reasonable grounds the departure will take place; and

                     (b)  require the person to answer questions or produce documents to the officer or member for the purposes of working out whether:

                              (i)  a departure prohibition order in respect of the person is in force; and

                             (ii)  if such an order in respect of the person is in force—whether the person’s departure is authorised by a departure authorisation certificate.

             (3)  A person commits an offence if:

                     (a)  the person is subject to a requirement under paragraph (2)(b); and

                     (b)  the person refuses or fails to comply with the requirement.

Penalty:  30 penalty units.

             (4)  Subsection (3) does not apply if the person answers the question or produces the document to the extent that the person is capable of answering the question or producing the document.

Note:          A defendant bears an evidential burden in relation to the matters mentioned in subsection (4): see subsection 13.3(3) of the Criminal Code .

43Z   Privilege against self-incrimination

             (1)  An individual is not excused from answering a question, or producing a document, under paragraph 43Y(2)(b) on the ground that the answer to the question or the production of the document might tend to incriminate the individual or expose the individual to a penalty.

             (2)  However:

                     (a)  the answer given or document produced; and

                     (b)  answering the question or producing the document; and

                     (c)  any information, document or thing obtained as a direct or indirect consequence of the answering of the question or producing the document;

are not admissible in evidence against the individual in any criminal proceedings, other than proceedings under section 137.1 or 137.2 of the Criminal Code in relation to answering the question or producing the document.

43ZA   Production of authority to depart

             (1)  If:

                     (a)  a departure prohibition order in respect of a person is in force; and

                     (b)  the person is about to depart from Australia for a foreign country; and

                     (c)  the person’s departure is authorised by a departure authorisation certificate;

an officer (within the meaning of the Customs Act 1901 ), or a member of the Australian Federal Police, may request the person to give a copy of the certificate to the officer or member for inspection.

             (2)  A person commits an offence of strict liability if:

                     (a)  an officer (within the meaning of the Customs Act 1901 ), or a member of the Australian Federal Police, has made a request of the person under subsection (1); and

                     (b)  the person refuses or fails to comply with the request.

Penalty for contravention of this subsection:        5 penalty units.

Subdivision G Interpretation

43ZB   Interpretation—departure from Australia for foreign country

                   A reference in this Division to the departure of a person from Australia for a foreign country is a reference to the departure of the person from Australia for a foreign country, whether or not the person intends to return to Australia.

43ZC   Meaning of Australia

                   For the purposes of this Division, Australia , when used in a geographical sense, includes the external Territories.

17  Application provision

The amendments made by this Part apply in relation to:

                     (a)  a debt that arises on or after the commencement of this item; and

                     (b)  a debt that arose before the commencement of this item, to the extent that the debt was outstanding immediately before that commencement.

Part 2 Removal of 6-year limit on debt recovery

A New Tax System (Family Assistance) (Administration) Act 1999

18  Section 86

Repeal the section.

19  Subsections 87(3) and (4)

Repeal the subsections.

20  Subsection 88(1)

Omit “(1)”.

21  Subsections 88(2) to (6)

Repeal the subsections.

22  Section 90

Repeal the section.

23  At the end of Division 3 of Part 4

Add:

93B   No time limit on debt recovery action

                   For the purposes of this Part, legal proceedings, or any action under a provision of this Part, for the recovery of a debt may be commenced or taken at any time.

24  Paragraph 95(3)(a)

Repeal the paragraph.

Paid Parental Leave Act 2010

25  Section 183 (note)

Repeal the note.

26  Subsection 184(1) (note 1)

Omit “Note 1”, substitute “Note”.

27  Subsection 184(1) (note 2)

Repeal the note.

28  Section 189

Repeal the section.

29  At the end of Division 5 of Part 4-3

Add:

192A   No time limit on debt recovery action

                   For the purposes of this Part, legal proceedings, or any action under a provision of this Part, for the recovery of a debt may be commenced or taken at any time.

30  Paragraph 193(3)(a)

Omit “, for example because a time limit for recovery action under that Division has elapsed”.

Social Security Act 1991

31  Subsection 1231(2)

Omit “Subject to subsections (2A) to (2E), the”, substitute “The”.

32  Subsections 1231(2A) to (2E)

Repeal the subsections.

33  Subsection 1232(1)

Omit “(1)”.

34  Subsections 1232(2) to (6)

Repeal the subsections.

35  Subsections 1233(7A) to (7E)

Repeal the subsections.

36  At the end of Part 5.3

Add:

1234B   No time limit on debt recovery action

                   For the purposes of this Chapter, legal proceedings, or any action under a provision of this Chapter, for the recovery of a debt or overpayment may be commenced or taken at any time.

37  Paragraphs 1236(1B)(a) and (aa)

Repeal the paragraphs.

Student Assistance Act 1973

38  At the end of Division 2 of Part 6

Add:

42B   No time limit on debt recovery action

                   For the purposes of this Part, any action under a provision of this Part for the recovery of a debt may be taken at any time.

39  Application provisions—family assistance amendments

(1)       The amendments of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Part apply in relation to:

                     (a)  a debt that arises on or after the commencement of this item; and

                     (b)  a debt that arose before the commencement of this item, to the extent that the debt was outstanding immediately before that commencement.

(2)       Paragraph (1)(b) applies in relation to a debt only if, immediately before the commencement of this item, action under section 84, 84A, 87, 87A or 89, or legal proceedings under section 88, of the A New Tax System (Family Assistance) (Administration) Act 1999 could be commenced or taken for the recovery of the debt.

40  Application provisions—paid parental leave amendments

(1)       The amendments of the Paid Parental Leave Act 2010 made by this Part apply in relation to:

                     (a)  a debt that arises on or after the commencement of this item; and

                     (b)  a debt that arose before the commencement of this item, to the extent that the debt was outstanding immediately before that commencement.

(2)       Paragraph (1)(b) applies in relation to a debt only if, immediately before the commencement of this item, legal proceedings under section 183, or action under section 184, of the Paid Parental Leave Act 2010 could be started or commenced for the recovery of the debt.

41  Application provisions—social security amendments

(1)       The amendments of the Social Security Act 1991 made by this Part apply in relation to:

                     (a)  a debt or overpayment that arises on or after the commencement of this item; and

                     (b)  a debt or overpayment that arose before the commencement of this item, to the extent that the debt or overpayment was outstanding immediately before that commencement.

(2)       Paragraph (1)(b) applies in relation to a debt or overpayment only if, immediately before the commencement of this item, action under section 1231 or 1233, or legal proceedings under section 1232, of the Social Security Act 1991 could be commenced for the recovery of the debt or overpayment.

42  Application provision—student assistance amendments

The amendment of the Student Assistance Act 1973 made by this Part applies in relation to:

                     (a)  a debt that arises on or after the commencement of this item; and

                     (b)  a debt that arose before the commencement of this item, to the extent that the debt was outstanding immediately before that commencement.