{"id":"C2004A05105","name":"Customs Licensing Charges Act 1997","slug":"customs-licensing-charges-act-1997","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"4 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":39040,"registerId":"commonwealth-C2004A05105-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Customs Licensing Charges Act 1997.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences at the same time as item 25 of Schedule 1 to the Customs Amendment Act (No. 1) 1997 commences.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In this Act:\n\n> broker’s licence means a licence to act as a customs broker granted under section 183C of the Customs Act and includes such a licence that has been renewed under section 183CJ of that Act.\n\n> cargo report means a cargo report under section 64AB of the Customs Act.\n\n> commencement day means the day on which Part IVA of the Customs Act commences.\n\n> Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.\n\n> Customs Act means the Customs Act 1901.\n\n> customs broker licence application charge means the customs broker licence application charge payable as set out in section 183CA of the Customs Act.\n\n> customs broker licence charge means the customs broker licence charge payable as set out in section 183CJA of the Customs Act.\n\n> depot licence means a licence granted under section 77G of the Customs Act and includes such a licence that has been renewed under section 77T of that Act.\n\n> depot licence application charge means the depot licence application charge payable as set out in section 77H of the Customs Act.\n\n> depot licence charge means the depot licence charge payable as set out in section 77U of the Customs Act.\n\n> depot licence variation charge means the depot licence variation charge payable as set out in section 77LA of the Customs Act.\n\n> line of cargo means cargo covered by that part of a cargo report that constitutes a reference to:\n\n    (a) a single air waybill or similar document; or\n    (b) a single bill of lading or similar document.\n\n> transactions handled, in relation to a place that is, or becomes, a depot licensed under Part IVA of the Customs Act and to a period, means lines of cargo received into that place during that period.\n\n> warehouse licence means a licence granted under section 79 of the Customs Act and includes such a licence that has been renewed under section 84 of that Act.\n\n> warehouse licence application charge means the warehouse licence application charge payable as set out in section 80 of the Customs Act.\n\n> warehouse licence charge means the warehouse licence charge payable as set out in section 85 of the Customs Act.\n\n> warehouse licence variation charge means the warehouse licence variation charge payable as set out in section 81B of the Customs Act.","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Act does not extend to Norfolk Island","content":"#### 3A Act does not extend to Norfolk Island\n\n  This Act does not extend to Norfolk Island.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Depots","content":"## Part 2—Depots","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Imposition of charges","content":"#### 4 Imposition of charges\n\n  (1) Depot licence application charge payable as set out in section 77H of the Customs Act is imposed.\n  (3) Depot licence charge payable as set out in section 77U of the Customs Act is imposed.\n  (4) Depot licence variation charge payable as set out in section 77LA of the Customs Act is imposed.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Amount of depot licence application charge","content":"#### 5 Amount of depot licence application charge\n\n  The amount of depot licence application charge payable by an applicant for a depot licence is $3,000, or, if another amount not exceeding $4,500 is prescribed, that other amount.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Amount of depot licence charge","content":"#### 6 Amount of depot licence charge\n\n  Grant of licence\n  (1) The amount of depot licence charge payable in respect of the grant of a depot licence is:\n    (a) for the grant of a depot licence that comes into force on a 1 July—$4,000, or, if another amount not exceeding $6,000 is prescribed, that other amount; or\n    (b) for the grant of a depot licence that comes into force on a day in a financial year other than 1 July—the amount worked out using the formula:\n    ![Start formula Amount applicable under paragraph (a) times start fraction Number of days remaining in the financial year, starting on the day the licence comes into force over Number of days in the financial year end fraction end formula.](image.002.png)\n  Renewal of licence\n  (2) Subject to subsection (3), the amount of depot licence charge payable in respect of the renewal of a depot licence is $4,000, or, if another amount not exceeding $6,000 is prescribed, that other amount.\n  (3) If:\n    (a) the depot concerned was licensed under Part IVA of the Customs Act during the whole of the period of 12 months ending on the last 31 March before the start of the financial year for which the renewal is sought; and\n    (b) there were less than 300 transactions handled in relation to the depot during that 12‑month period;\n  the amount of depot licence charge payable in respect of the renewal of the depot licence is $1,500, or, if another amount not exceeding $2,250 is prescribed, that other amount.","sortOrder":8},{"sectionNumber":"6A","sectionType":"section","heading":"Amount of depot licence variation charge","content":"#### 6A Amount of depot licence variation charge\n\n  The amount of depot licence variation charge payable by an applicant for the variation of a depot licence is $300 or, if another amount, not exceeding $450, is prescribed, that other amount.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Warehouses","content":"## Part 3—Warehouses","sortOrder":10},{"sectionNumber":"6B","sectionType":"section","heading":"Imposition of charges","content":"#### 6B Imposition of charges\n\n  (1) Warehouse licence application charge payable as set out in section 80 of the Customs Act is imposed.\n  (2) Warehouse licence charge payable as set out in section 85 of the Customs Act is imposed.\n  (3) Warehouse licence variation charge payable as set out in section 81B of the Customs Act is imposed.","sortOrder":11},{"sectionNumber":"6C","sectionType":"section","heading":"Amount of warehouse licence application charge","content":"#### 6C Amount of warehouse licence application charge\n\n  The amount of warehouse licence application charge payable by an applicant for a warehouse licence is $3,000, or, if another amount not exceeding $4,500 is prescribed, that other amount.","sortOrder":12},{"sectionNumber":"6D","sectionType":"section","heading":"Amount of warehouse licence charge—general","content":"#### 6D Amount of warehouse licence charge—general\n\n  Grant of licence\n  (1) The amount of warehouse licence charge payable in respect of the grant of a warehouse licence is:\n    (a) for the grant of a warehouse licence that comes into force on a 1 July—$4,000, or, if another amount not exceeding $6,000 is prescribed, that other amount; or\n    (b) for the grant of a warehouse licence that comes into force on a day in a financial year other than 1 July—the amount worked out using the formula:\n    ![start formula amount applicable under paragraph (a) times start fraction number of days remaining in the financial year, starting on the day the licence comes into force over number of days in the financial year end fraction end formula](image.003.png)\n  Renewal of licence\n  (2) The amount of warehouse licence charge payable in respect of the renewal of a warehouse licence is $4,000, or, if another amount not exceeding $6,000 is prescribed, that other amount.","sortOrder":13},{"sectionNumber":"6F","sectionType":"section","heading":"Amount of warehouse licence variation charge","content":"#### 6F Amount of warehouse licence variation charge\n\n  The amount of warehouse licence variation charge payable by an applicant for the variation of a warehouse licence is $300, or, if another amount not exceeding $450 is prescribed, that other amount.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Customs brokers","content":"## Part 4—Customs brokers","sortOrder":15},{"sectionNumber":"6G","sectionType":"section","heading":"Imposition of charges","content":"#### 6G Imposition of charges\n\n  (1) Customs broker licence application charge payable as set out in section 183CA of the Customs Act is imposed.\n  (2) Customs broker licence charge payable as set out in section 183CJA of the Customs Act is imposed.","sortOrder":16},{"sectionNumber":"6H","sectionType":"section","heading":"Amount of customs broker licence application charge","content":"#### 6H Amount of customs broker licence application charge\n\n  The amount of customs broker licence application charge payable by an applicant for a broker’s licence is:\n    (a) if the applicant is a natural person who does not intend to act as a customs broker in his or her own right when the licence is in force—$130, or, if another amount not exceeding $195 is prescribed, that other amount; or\n    (b) in any other case—$1,300, or, if another amount not exceeding $1,950 is prescribed, that other amount.","sortOrder":17},{"sectionNumber":"6J","sectionType":"section","heading":"Amount of customs broker licence charge","content":"#### 6J Amount of customs broker licence charge\n\n  The amount of customs broker licence charge payable in respect of the grant or renewal of a broker’s licence is:\n    (a) if the holder of the licence is a natural person who does not intend to act as a customs broker in his or her own right when the licence is in force—$240, or, if another amount not exceeding $360 is prescribed, that other amount; or\n    (b) in any other case—$2,400, or, if another amount not exceeding $3,600 is prescribed, that other amount.","sortOrder":18},{"sectionNumber":"Part 5","sectionType":"part","heading":"Regulations","content":"## Part 5—Regulations","sortOrder":19},{"sectionNumber":"7","sectionType":"section","heading":"Regulations","content":"#### 7 Regulations\n\n  The Governor‑General may make regulations for the purposes of this Act.","sortOrder":20}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of imposing specific charges for customs-related licences. The three categories (depots, warehouses, customs brokers) represent the complete scope as originally enacted, with no evidence of scope creep or expansion into unrelated areas."},"complexity_factors":["Straightforward structure with only 7 substantive sections across 5 Parts","16 defined terms, mostly simple cross-references to the Customs Act 1901","Minimal conditional logic—only one substantive exception (the small depot discount in section 6(3))","Simple mathematical formula for pro-rata licence fees when licences start mid-year","No nested exceptions or complex cross-referencing between sections","Regulation-making power is standard and unconstrained"],"plain_english_summary":"This law sets out the fees that businesses and individuals must pay to the Australian Government for licences to operate in the customs and border protection space. It covers three main areas:\n\n**1. Depots** (places where imported cargo is temporarily stored)\n- **Application fee**: $3,000 (or up to $4,500 if regulations change it)\n- **Annual licence fee**: $4,000 normally, but only $1,500 for small depots handling fewer than 300 cargo transactions per year\n- **Variation fee**: $300 to change licence details\n\n**2. Warehouses** (licensed storage facilities for imported goods)\n- **Application fee**: $3,000\n- **Annual licence fee**: $4,000\n- **Variation fee**: $300\n\n**3. Customs Brokers** (professionals who help importers/exporters navigate customs paperwork)\n- **Application fee**: $130 for employees who won't trade on their own behalf, or $1,300 for independent brokers and companies\n- **Annual licence fee**: $240 for employees, $2,400 for independent brokers\n\n**Why it matters**: These charges recover the government's costs for regulating border operations. If you're importing goods, using a customs broker, or storing cargo in a licensed facility, these fees are built into the cost of doing business. The two-tier pricing for brokers (cheaper for employees, expensive for independents) reflects different risk levels and regulatory oversight needs.\n\n**Key feature**: Most fees have \"prescribed amount\" clauses, meaning the government can adjust dollar figures through regulations without needing new laws passed by Parliament."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The text confines itself to creating and fixing licence application, grant/renewal and variation charges for depots, warehouses and customs brokers; it does not alter eligibility criteria, create new licence types or otherwise expand licensing scope. Commencement is tied to an amendment in the Customs Amendment Act and Norfolk Island is excluded (ss 1–3A, 4, 6B, 6G)."},"complexity_factors":["Cross‑references to the Customs Act for substantive licensing provisions and charge triggers (see s 3 definitions and ss 4, 6B, 6G)","Proration formula for mid‑year licence grants (ss 6(1)(b), 6D(1)(b))","Ability for regulations to prescribe alternate amounts up to stated caps (multiple amount provisions e.g. ss 5, 6(1)(a), 6C, 6D)","Targeted concession for depot renewals based on a 12‑month, <300 transaction test (s 6(3))","Commencement tied to another Act's item (s 2) and explicit territorial exclusion (s 3A)","Definitions cluster (e.g. 'transactions handled', 'line of cargo', various charge terms) that must be read with Customs Act terms (s 3)"],"plain_english_summary":"This Act imposes and fixes fees for applying for, granting, renewing and varying licences for customs depots, licensed warehouses and customs brokers under the Customs Act. Applicants and licence‑holders pay the stated dollar amounts (some with prescribed upper caps) and mid‑year grants are prorated; a reduced depot renewal fee applies where a depot handled fewer than 300 transactions in the prior 12 months. The Governor‑General may make regulations and the Comptroller‑General administers customs functions (see ss 4–6, 6B–6D, 6G–6J, 7, 3)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: imposing and quantifying licensing charges for depot operators, warehouse operators, and customs brokers under the Customs Act 1901. No significant scope creep is evident. The inclusion of Norfolk Island exclusion and updated references to the Australian Border Force Act 2015 reflect administrative updates rather than substantive expansion of scope."},"complexity_factors":["Multiple licence categories (depots, warehouses, customs brokers) each with distinct fee structures","Pro-rata formula for licences granted mid-financial year requires mathematical calculation","Conditional reduced fee for depot licence renewals based on transaction volume threshold (fewer than 300 transactions)","Two-tier fee structure for customs brokers depending on whether the individual acts in their own right","Fees are set in the Act but can be altered by regulation up to a prescribed ceiling, creating a two-layer fee system","Cross-references to multiple sections of the Customs Act 1901 required to fully understand the scheme","Defined terms (e.g., 'transactions handled', 'line of cargo') require careful reading to apply correctly"],"plain_english_summary":"The Customs Licensing Charges Act 1997 sets the fees required to obtain, renew or vary licences for depot operators, warehouse operators and customs brokers handling imported goods in Australia. It fixes application, annual and variation charges (with higher caps for different categories), allows regulations to raise fees by up to 50%, and prorates fees for part-year licences. The Act does not apply to Norfolk Island."}},"importantCases":[],"_links":{"self":"/api/acts/customs-licensing-charges-act-1997","history":"/api/acts/customs-licensing-charges-act-1997/history","analysis":"/api/acts/customs-licensing-charges-act-1997/analysis","conflicts":"/api/acts/customs-licensing-charges-act-1997/conflicts","importantCases":"/api/acts/customs-licensing-charges-act-1997/important-cases","documents":"/api/acts/customs-licensing-charges-act-1997/documents"}}