(4) The special reporter must provide an officer of Customs with online access to the information stored and retained under subsection (1) and with the capacity to download that information, or a part of that information, at any time as required by an officer of Customs.
(5) The special reporter must, despite providing an officer of Customs with the capacity to download information referred to in subsection (4), electronically transfer that information, or a part of that information, to an officer of Customs at any reasonable time as required by an officer of Customs.
67EG Special mail‑order house condition
If a person is registered as a special reporter in relation to low value cargo consigned from a particular mail‑order house, the person must:
(a) ensure, at all times while that person continues to be a special reporter in relation to that mail‑order house, that there is in force between the person and that mail‑order house a house agreement within the meaning of section 63A; and
(b) if the agreement expires or for any reason is terminated or there is a breach or an alleged breach of the terms of that agreement—notify the Comptroller‑General of Customs, in writing, of that expiration or termination or of that breach or alleged breach.
67EH Further conditions may be imposed by regulations
The regulations may, at any time, provide that:
(a) if a person is first registered as a special reporter after that time; or
(b) if a person’s registration as a special reporter is renewed after that time;
that registration, or registration as renewed, is subject to such further conditions relevant to registration or renewal of registration as a special reporter under this Subdivision as the regulations specify.
67EI Breach of conditions of registration
(1) A person who is or has been a special reporter must not breach a condition of the person’s registration as a special reporter.
Penalty: 60 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
67EJ Duration of registration
If a person is registered as a special reporter in relation to low value cargo of a particular kind, that registration:
(a) unless paragraph (b) applies—comes into force on a date specified by the Comptroller‑General of Customs under subsection 67ED(3); and
(b) if it is a renewed registration—comes into force on a date determined under subsection 67EK(8); and
(c) remains in force for 2 years after it comes into force unless, before that time, it is cancelled under section 67EM.
67EK Renewal of registration
(1) A person who is a special reporter in relation to low value cargo of a particular kind may seek renewal of registration in relation to cargo of that kind by making and lodging a further application in accordance with the requirements of section 67EC:
(a) unless paragraph (b) applies—not later than 30 days before the end of the current period of registration; or
(b) if the Comptroller‑General of Customs is satisfied that, for reasons beyond the control of the special reporter, it was not possible to meet the requirements of paragraph (a)—not later than such later date before the end of the period of registration as the Comptroller‑General of Customs specifies.
(2) Subject to subsection (3), sections 67EB and 67EC apply in relation to an application for renewal of registration in the same manner as they applied to the original application.
(3) Subsection 67EB(2) has effect in relation to an application for renewal of registration:
(a) if the registration relates to a low value cargo consigned from a particular mail‑order house—as if that subsection required the applicant, as a special reporter, to have reported at least 3,000 consignments of such cargo from that house during the 3 months immediately before the making of the application; and
(c) if the registration relates to low value cargo of another prescribed kind—as if that subsection required the applicant, as a special reporter, to have reported at least the prescribed number of consignments of cargo of that kind during the 3 months before the making of the application.
(4) In considering an application for renewal of registration as a special reporter, if the Comptroller‑General of Customs has varied the specifications in relation to dedicated computer facilities in any manner, the special reporter must ensure that the computer facilities meet the specifications as so varied.
(5) If an application for renewal of registration as a special reporter in relation to low value cargo of a particular kind is lodged, the Comptroller‑General of Customs must, having regard to the terms of the application and, where additional information is supplied under subsection (12), to the additional information, decide whether or not to renew the registration of the applicant in relation to low value cargo of that kind.
(6) The Comptroller‑General of Customs must make the decision before, or as soon as possible after, the end of the current period of registration.
(7) If, for any reason, the Comptroller‑General of Customs has not completed the consideration of the application for renewal of registration at the time when the current period of registration would, but for this subsection, expire, the current period of registration is taken to continue until the consideration of the application is concluded and a resulting decision made.
(8) If the Comptroller‑General of Customs decides to renew the registration of a special reporter in relation to low value cargo of a particular kind, the Comptroller‑General of Customs must renew the registration and notify the applicant for renewal, in writing, of that decision specifying the day on which, in accordance with subsection (10), the renewal of registration comes into force.
(9) If the Comptroller‑General of Customs decides not to renew the registration of a special reporter in relation to low value cargo of a particular kind, the Comptroller‑General of Customs must notify the applicant for renewal, in writing, of that decision setting out the reasons for so deciding.
(10) If the Comptroller‑General of Customs decides to renew the registration of a special reporter in relation to low value cargo of a particular kind, that renewal takes effect on the day following the end of the current period of registration, or of that period as it is taken to have been extended under subsection (7).
(11) If the Comptroller‑General of Customs refuses to renew the registration of a special reporter in relation to low value cargo of a particular kind, the registration in relation to cargo of that kind continues:
(a) until the end of the current period of registration, unless it is earlier cancelled; or
(b) if the current period of registration is taken to have been extended under subsection (7)—until the making of the decision to refuse to renew registration.
(12) If, in considering an application for renewal of registration, the Comptroller‑General of Customs decides that he or she needs further information on any matter dealt with in the application:
(a) the Comptroller‑General of Customs may, by notice in writing to the applicant, require the applicant to provide such additional information relating to the matter as the Comptroller‑General of Customs specifies within a period specified in the notice; and
(b) unless the information is given to the Comptroller‑General of Customs within that period—the applicant is taken to have withdrawn the application.
67EL Comptroller‑General of Customs to allocate a special identifying code for each special reporter
If the Comptroller‑General of Customs registers an applicant as a special reporter in respect of low value cargo of a particular kind, the Comptroller‑General of Customs must allocate to the reporter a special identifying code for use by the special reporter when making an abbreviated cargo report in relation to cargo of that kind.
67EM Cancellation of registration as special reporter
(1) The Comptroller‑General of Customs may, at any time, give to a special reporter a notice of intention to cancel the special reporter’s registration if the Comptroller‑General of Customs is satisfied that:
(b) if the special reporter were not a special reporter but were an applicant for registration—circumstances have arisen whereby paragraph 67EB(1)(e) applies in relation to the reporter; or
(c) the special reporter has breached any condition to which the registration as a special reporter is subject in accordance with section 67EE, 67EF, 67EG or 67EH; or
(d) if the special reporter is registered as such in relation to low value cargo consigned from a particular mail‑order house:
(i) there is no longer a house agreement in force between the special reporter and that house; or
(ii) the terms of such an agreement have been breached.
(2) For the purposes of paragraph (1)(b), the expression 10 years immediately before the decision in subsections 67EB(3) and (4) is to be taken to be 10 years immediately before the notice.
(3) The notice of intention to cancel registration must:
(a) specify the ground or grounds for the intended cancellation; and
(b) invite the special reporter to provide a written statement to the Comptroller‑General of Customs within 30 days after the notice is given (the submission period) explaining why the registration should not be cancelled; and
(c) state that the Comptroller‑General of Customs may decide to cancel the registration at any time within the 14 days following the end of the submission period, if the grounds or at least one of the grounds exists at that time.
(4) At any time within the 14 days referred to in paragraph (3)(c), the Comptroller‑General of Customs may, by notice in writing, decide to cancel the registration of the special reporter generally in relation to low value cargo of all kinds or of a particular kind, as the Comptroller‑General of Customs considers appropriate, if, having regard to any statements made by the special reporter in response to the notice, the Comptroller‑General of Customs is satisfied that at least one of the grounds specified in the notice exists at the time of the decision.
(5) If the Comptroller‑General of Customs decides to cancel the registration within the 14 days, the registration is cancelled:
(a) if paragraph (b) does not apply—28 days after the decision of the Comptroller‑General of Customs; or
(b) if the special reporter applies to the Administrative Review Tribunal for a review of the decision of the Comptroller‑General of Customs—when:
(i) the Tribunal affirms the decision of the Comptroller‑General of Customs; or
(ii) the application for review is withdrawn by the special reporter or dismissed by the Tribunal.
(6) The Comptroller‑General of Customs must, by notice in writing, cancel a registration if the Comptroller‑General of Customs receives a written request by the special reporter that the registration be cancelled on or after a specified day indicated in the request letter.
(7) A notice under subsection (1), (4) or (6) may be served:
(a) by post at the address indicated by the special reporter in the application for registration or renewal or at an address subsequently indicated by the special reporter; or
(b) if the special reporter is a company—by post at the registered office of the company; or
(c) by giving it personally to the special reporter, if the special reporter is a natural person.
(8) Failure to send a notice to a special reporter under subsection (6) does not affect the cancellation of the registration.
Subdivision E—Registering re‑mail reporters
67F Applying to be a re‑mail reporter
(1) A person or partnership may apply to be registered as a re‑mail reporter.
Note: A re‑mail reporter is generally not required to give information about individual re‑mail items in a cargo report: see subsections 64AB(7A) and (7B).
(2) An application must:
(a) be in writing; and
(b) be in an approved form; and
(c) contain the information that the form requires; and
(d) be accompanied by any other documentation that the form requires; and
(e) be signed in the manner indicated by the form; and
(f) be lodged with an authorised officer.
67G Registering re‑mail reporters
(1) The Comptroller‑General of Customs must register an applicant as a re‑mail reporter if:
(a) the applicant applies under section 67F; and
(b) the Comptroller‑General of Customs is satisfied that the applicant would be unlikely to have information, or access to information, about re‑mail items that would allow the applicant to make cargo reports at a level of specificity below the level of submaster air waybill or ocean bill of lading; and
(c) the Comptroller‑General of Customs is satisfied that the applicant meets the fit and proper person test under section 67H.
(2) For the purposes of deciding whether to register the applicant, the Comptroller‑General of Customs may request, in writing, the applicant to provide additional information specified in the request within a specified period.
(3) The Comptroller‑General of Customs must decide whether to register the applicant within:
(a) if no additional information has been requested under subsection (2)—60 days of the lodgment of the application under section 67F; or
(b) if additional information has been requested under subsection (2)—60 days of the Comptroller‑General of Customs receiving the information.
(4) The Comptroller‑General of Customs must:
(a) notify the applicant in writing of his or her decision; and
(b) if the decision is to register the applicant—specify, in the notification, the day from which the applicant is registered as a re‑mail reporter.
(5) The registration may be made subject to any conditions specified in the notification.
67H Fit and proper person test
(1) An applicant meets the fit and proper person test for the purposes of paragraph 67G(1)(c) if the Comptroller‑General of Customs is satisfied that:
(a) if the applicant is a natural person—the applicant is a fit and proper person to be registered as a re‑mail reporter; and
(b) if the applicant is a partnership—all of the partners are fit and proper persons to be members of a partnership registered as a re‑mail reporter; and
(c) if the applicant is a company—all of the company’s directors, officers and shareholders who would participate in managing the affairs of the company are fit and proper persons to do so; and
(d) each employee of the applicant who would participate in making cargo reports in relation to re‑mail items under section 64AB is a fit and proper person to do so; and
(e) if the applicant is a company—the company is a fit and proper company to be registered as a re‑mail reporter.
(2) The Comptroller‑General of Customs must, in deciding whether a person is a fit and proper person for the purposes of paragraph (1)(a), (b), (c) or (d), have regard to:
(a) any conviction of the person of an offence against this Act committed within the 10 years immediately before the decision; and
(b) any conviction of the person of an offence punishable by imprisonment for one year or longer:
(i) against another law of the Commonwealth; or
(ii) against a law of a State or Territory;
if that offence was committed within the 10 years immediately before that decision; and
(c) whether the person is an insolvent under administration; and
(d) whether the person was, in the 2 years immediately before that decision, a director of, or concerned in the management of, a company that:
(i) had been, or is being, wound up; or
(ii) had had its registration as a re‑mail reporter cancelled by the Comptroller‑General of Customs under paragraph 67K(1)(a), (b) or (d); and
(e) whether any misleading information or document has been provided in relation to the person by the applicant under subsection 67F(2) or 67G(2); and
(f) if any information or document given by or in relation to the person was false—whether the applicant knew that the information or document was false; and
(g) whether the person has been refused a transport security identification card, or has had such a card suspended or cancelled, within the 10 years immediately before the decision.
(3) The Comptroller‑General of Customs must, in deciding whether a company is a fit and proper company for the purpose of paragraph (1)(e), have regard to:
(a) any conviction of the company of an offence:
(i) against this Act; or
(ii) if it is punishable by a fine of $5,000 or more—against another law of the Commonwealth, or a law of a State or Territory;
committed:
(iii) within the 10 years immediately before that decision; and
(iv) at a time when any person who is presently a director, officer or shareholder of a kind referred to in paragraph (1)(c) in relation to the company, was such a director, officer or shareholder; and
(b) whether a receiver of the property, or part of the property, of the company has been appointed; and
(c) whether the company is under administration within the meaning of the Corporations Act 2001; and
(d) whether the company has executed, under Part 5.3A of that Act, a deed of company arrangement that has not yet terminated; and
(e) whether the company is under restructuring within the meaning of that Act; and
(ea) whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan that has not yet terminated; and
(f) whether the company is being wound up.
(4) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and requires persons aware of such convictions to disregard them).
67I Obligation of re‑mail reporters to notify Comptroller‑General of Customs of certain matters
A re‑mail reporter must notify the Comptroller‑General of Customs in writing if: