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

Migration Act 1958 s 213 Australia Compilation: 18 May 2026 Verified: 2026-05-23

Text of provision

(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.

Plain English

Practical effect

Information only. Nothing on this page is immigration advice or legal advice. Only a registered migration agent (MARN) or Australian lawyer may give immigration advice.

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