Section 221 — Cost of removal under notice

(1) If: Migration Act 1958 389 Part 2 Arrival, presence and departure of persons Division 10 Costs etc. of removal and deportation

(a) the controller of a vessel is given a notice under section 218 to transport a non-citizen; and

(b) the controller was a carrier of the non-citizen; and

(c) paragraphs 213(1)(a) and (b) apply to the non-citizen; then the Commonwealth is not liable for the costs of transporting the non-citizen.

(2) If:

(a) the controller of a vessel is given a notice under section 218 to transport a non-citizen; and

(b) subsection (1) does not apply; then:

(c) the Commonwealth is liable to pay the controller’s costs of the transport; and

(d) sections 210 to 216 apply to the transport and those costs.