Section 217 — Obligation to board vessels
Text of provision
(1) If a person covered by subsection 193(1) is to be removed, the Secretary or Australian Border Force Commissioner may give the controller of the vessel on which the person travelled to and entered Australia written notice requiring the controller to transport the person from Australia.
(2) Subject to section 219, the controller must comply with the notice within 72 hours of the giving of the notice or such further time as the Secretary or Australian Border Force Commissioner allows. Penalty: 100 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Plain English
Section 217 provides that the master and owner of a vessel that arrives in Australia are responsible for ensuring that non-citizens on board comply with the requirements of the Migration Act. Specifically, the master must ensure that non-citizens are presented to an immigration officer and do not disembark or leave a designated area until immigration clearance is given.
Practical effect
Section 217 is part of the carrier liability framework. Airlines and shipping companies that carry inadequately documented passengers face sanctions under ss 229–232A of the Act. Carriers are therefore incentivised to check passenger documentation before embarkation. Practitioners advising airlines or shipping companies should assess document adequacy before carriage of passengers for whom entry to Australia is uncertain.