(c) contain the information required by the approved form; and
(d) be signed in a manner indicated by the approved form.
Electronic application
(3) An electronic application must:
(a) be communicated to the Comptroller‑General of Customs; and
(b) communicate such information as is set out in an approved statement.
179G Election to participate in controlled trial
(1) An election to participate in a controlled trial may be made by document or electronically.
Documentary election
(2) A documentary election must:
(a) be communicated to the Comptroller‑General of Customs; and
(b) be in an approved form; and
(c) contain the information required by the approved form; and
(d) be signed in a manner indicated by the approved form.
Electronic election
(3) An electronic election must:
(a) be communicated to the Comptroller‑General of Customs; and
(b) communicate such information as is set out in an approved statement.
179H Conditions of approvals
An entity’s approval under section 179E in relation to a controlled trial is subject to the conditions specified in the rules in relation to that trial.
179J Variation, suspension or revocation of approvals
(1) The Comptroller‑General of Customs may, in writing, vary, suspend or revoke an entity’s approval under section 179E in relation to a controlled trial if the Comptroller‑General of Customs is satisfied that:
(a) the entity no longer meets the qualification criteria (if any) determined in an instrument under section 179K; or
(b) the entity no longer meets the eligibility criteria (if any) specified in the rules in relation to that trial; or
(c) the entity has not complied, or is not complying, with any condition specified in the rules in relation to that trial; or
(d) in relation to that trial, the entity has not satisfied an obligation covered by subsection 179C(2) in the way covered by subsection 179C(3); or
(e) in relation to that trial, the entity has not complied with an obligation covered by subsection 179C(4).
(2) In deciding whether to vary, suspend or revoke an approval, the Comptroller‑General of Customs must consider:
(a) any matter specified in the rules under paragraph 179L(3)(d) in relation to that trial; and
(b) any other matter that the Comptroller‑General of Customs considers relevant.
(3) A variation, suspension or revocation of an approval must be in accordance with the procedures specified in the rules in relation to that trial.
(4) The Comptroller‑General of Customs must give notice of a variation, suspension or revocation to the entity.
(5) The notice must specify the day the variation, suspension or revocation takes effect (which must be at least 7 days after the day the notice is given).
Consequences of suspension
(6) An approval has no effect while suspended, but the period for which it remains in force continues to run despite the suspension.
(7) The Comptroller‑General of Customs may, in writing, revoke a suspension under subsection (1).
(8) The Comptroller‑General of Customs must give notice of the revocation of the suspension to the entity. The notice must specify the day the revocation takes effect.
(9) The Comptroller‑General of Customs may, under subsection (1), vary or revoke an approval while it is suspended.
Division 4—Instruments
179K General qualification criteria for any controlled trial
The Comptroller‑General of Customs may, by legislative instrument, determine qualification criteria that entities must meet in order to participate in any controlled trial.
179L Rules specific to a controlled trial
(1) The Comptroller‑General of Customs may, by legislative instrument, make rules that make provision for and in relation to the following:
(a) establishing a controlled trial;
(b) the period of operation of a controlled trial;
(c) extending the period of operation of a controlled trial;
(d) revoking a controlled trial.
(2) For the purposes of subsection (1):
(a) rules that establish a controlled trial must specify the purpose of the controlled trial; and
(b) the period of operation of a controlled trial must not be more than 12 months; and
(c) the period of operation of a controlled trial may begin after the day on which the controlled trial is established; and
(d) an extension of the period of operation of a controlled trial must not be more than 6 months; and
(e) the period of operation of a controlled trial must not be extended more than once.
(3) The Comptroller‑General of Customs may, by legislative instrument, make rules that make provision for and in relation to the following for a controlled trial:
(a) the eligibility criteria that an entity must meet in order for the Comptroller‑General of Customs to approve an entity’s participation in that trial;
(b) the matters that the Comptroller‑General of Customs must consider in deciding whether to approve an entity’s participation in that trial;
(c) the conditions that approvals under section 179E in relation to that trial are subject to;
(d) the matters that the Comptroller‑General of Customs must consider when deciding whether to vary, suspend or revoke an approval under section 179E in relation to that trial;
(e) the procedures that the Comptroller‑General of Customs must follow when varying, suspending or revoking an approval under section 179E in relation to that trial;
(f) each obligation under a controlled trial provision that, in relation to that trial, entities holding an approval, that is in force, to participate in that trial are released from;
(g) the following:
(i) each obligation under a controlled trial provision that, in relation to that trial, entities holding an approval, that is in force, to participate in that trial cannot satisfy in the way required by this Act;
(ii) the way in which those entities must satisfy that obligation;
(h) each obligation that, in relation to that trial, entities holding an approval, that is in force, to participate in that trial must comply with, being an obligation that is in relation to a controlled trial provision;
(i) the kind of benefits that entities holding an approval, that is in force, to participate in that trial may receive and any criteria to be satisfied for entities to receive those benefits;
(j) a matter that is incidental or ancillary to a matter covered by paragraph (a), (b), (c), (d), (e), (f), (g), (h) or (i).
Note: For controlled trial provision, see subsection 4(1).
(4) To avoid doubt, rules made under this section may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
Part XI—Agents and customs brokers
Division 1—Preliminary
180 Interpretation
In this Part, unless the contrary intention appears:
broker’s licence means a licence to act as a customs broker granted under section 183C (including such a licence renewed under section 183CJ).
Committee means the National Customs Brokers Licensing Advisory Committee continued in existence by subsection 183D(1).
corporate customs broker means a customs broker that is a company or a partnership.
customs broker means a person who holds a broker’s licence that is in force, and in relation to a place, means a person who holds a broker’s licence to act as a customs broker at the place.
customs broker licence application charge means the customs broker licence application charge imposed by the Customs Licensing Charges Act 1997 and payable as set out in section 183CA.
customs broker licence charge means the customs broker licence charge imposed by the Customs Licensing Charges Act 1997 and payable as set out in section 183CJA.
nominee, in relation to a customs broker, means another customs broker whose name is endorsed on the broker’s licence held by the first‑mentioned customs broker as a nominee of the first‑mentioned customs broker.
person means a natural person, a company or a partnership.
prescribed offence means:
(a) an offence against this Act; or
(b) an offence punishable under a law of the Commonwealth (other than this Act), or by a law of a State or of a Territory, by imprisonment for one year or longer.
Division 2—Rights and liabilities of agents
181 Authorised agents
(1) Subject to subsection (2), an owner of goods may, in writing, authorize a person to be his or her agent for the purposes of the Customs Acts at a place or places specified by the owner.
(2) Where the Comptroller‑General of Customs, by notice published in the Gazette, declares that a place specified in the notice is a place to which this subsection applies, an owner of goods shall not authorize a person to be his or her agent for the purposes of the Customs Acts at that place unless that person is:
(a) a natural person who is an employee of the owner and is not an employee of any other person; or
(b) a customs broker at that place.
(3) Where an owner of goods authorizes a person to be his or her agent for the purposes of the Customs Acts at a place, the owner may comply with the provisions of, or requirements under, the Customs Acts at that place by:
(a) except where the agent is a corporate customs broker—that agent; or
(b) where the agent is a customs broker—a nominee of that agent who is a customs broker at that place.
(4) A person, other than the owner of goods or a person who, in accordance with this section, may comply with the provisions of, or requirements under, the Customs Acts on behalf of the owner in relation to those goods, shall not:
(a) do any act or thing in relation to the goods that is required or permitted to be done by the owner of the goods under the Customs Acts; or
(b) represent that he or she is able to do, or able to arrange to be done, any act or thing in relation to the goods that is required or permitted to be done by the owner under the Customs Acts.
(4A) Subsection (2) does not apply to the making of an export entry.
(5) A person who contravenes subsection (4) commits an offence punishable upon conviction by a penalty not exceeding 30 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
182 Authority to be produced
(1) Where a person claims to be the agent of an owner of goods for the purposes of the Customs Acts at a place, an officer may require that person to produce written authority from the owner authorizing that person to be such an agent and, if that written authority is not produced, the officer may refuse to recognize the authority of that person to act on behalf of the owner at that place.
(2) Where a nominee of a customs broker claims that that customs broker is the agent of an owner of goods for the purposes of the Customs Acts at a place, an officer may require the nominee to produce a copy of the written authority from the owner of the goods authorizing the customs broker to be such an agent and, if that written authority is not produced, the officer may refuse to recognize the authority of the nominee to act on behalf of the owner at that place.
183 Agents personally liable
(1) Where a person is, holds himself or herself out to be or acts as if he or she were the agent of an owner of goods for the purposes of the Customs Acts, that person shall, for the purposes of the Customs Acts (including liability to penalty), be deemed to be the owner of those goods.
(2) Where a customs broker is the agent of an owner of goods for the purposes of the Customs Acts and a person who is, holds himself or herself out to be or acts as if he or she were a nominee of that customs broker acts in relation to those goods, that person shall, for the purposes of those Acts, (including liability to penalty), be deemed to be the owner of those goods.
(3) Any act done, or representation made, by a nominee of a customs broker for the purposes of the Customs Acts shall be deemed to be an act done or, a representation made, by that customs broker.
(4) Nothing in this section shall be taken to relieve any owner from liability.
183A Principal liable for agents acting
(1) Where an agent of, or a nominee of a customs broker that is an agent of, an owner of goods makes a declaration for the purposes of this Act in relation to those goods, that declaration shall, for the purposes of this Act (including the prosecution of an offence against this Act), be deemed to be made with the knowledge and consent of the owner.
(2) Notwithstanding any other provision of this Act, a person who is convicted of an offence by reason of the operation of subsection (1) shall not be subject to a penalty of imprisonment.
Division 3—Licensing of customs brokers
183B Interpretation
(1) In this Division, unless the contrary intention appears, application means an application under section 183CA.
(2) For the purposes of this Division, a person shall be taken to participate in the work of a customs broker if:
(a) the person has authority as a nominee of, or as an agent, officer or employee of, the customs broker, to do any act or thing for the purposes of the Customs Acts on behalf of an owner of goods; or
(b) the person has authority to direct a person who has authority referred to in paragraph (a) in the exercise of that authority; or
(c) the person has authority to do any act or thing on behalf of the customs broker.
183C Grant of licence
(1) Subject to this Part, the Comptroller‑General of Customs must, upon application by a person for the grant of a broker’s licence:
(a) grant the person a licence, in writing, to act as a customs broker at a place or places specified in the licence; or
(b) refuse, in writing, to grant the person a broker’s licence.
(2) A broker’s licence granted to a corporate customs broker shall not specify a place as a place at which the corporate customs broker may act as a customs broker unless the licence specifies as a nominee of the corporate customs broker a customs broker at that place who, in accordance with section 183CD, is eligible to be its nominee.
183CA Application for licence
(1) An application for a broker’s licence may be made by document or electronically.
(1A) A documentary application must:
(a) be in writing; and
(b) be in an approved form; and
(c) contain such information as the form requires; and
(d) be accompanied by any documents required by the form; and
(e) be accompanied by the customs broker licence application charge.
(1B) An electronic application must:
(a) communicate such information as is set out in an approved statement; and
(b) be accompanied by any documents required by the approved statement; and
(c) be accompanied by the customs broker licence application charge.
(2) Where a person makes an application, he or she must not, in the application, propose a person as his or her nominee at a place unless, at the time the application is made, that person is eligible, or intends to take all necessary action to ensure that, if a broker’s licence is granted to the applicant, he or she will be eligible, to be a nominee of the applicant at that place.
(3) A person must not, in an application, be proposed as a nominee unless he or she has consented, in writing, to the proposal.
183CB Reference of application to Committee
(1) Where the Comptroller‑General of Customs receives an application, he or she shall refer the application to the Committee for a report relating to the application and shall not grant, or refuse to grant, a broker’s licence to the applicant unless he or she has received and considered the report.
(2) Where the Comptroller‑General of Customs refers an application to the Committee under subsection (1), the Committee shall investigate the matters that the Comptroller‑General of Customs is required to consider in relation to the application and, after its investigation, report to the Comptroller‑General of Customs on those matters.
183CC Requirements for grant of licence
(1) Where an application is made, the Comptroller‑General of Customs shall not grant a broker’s licence if, in his or her opinion:
(a) where the application is made by a natural person:
(i) the applicant is not a fit and proper person; or
(ii) the applicant is not qualified to be a customs broker; or
(iii) a person who would participate in the work of the applicant, if the applicant were a customs broker, is not a fit and proper person; or
(b) where the application is made by a company:
(i) a director of the company is not a fit and proper person; or
(ii) a person who would participate in the work of the company, if the company were a customs broker, is not a fit and proper person; or
(iii) the company is not a fit and proper company to hold a broker’s licence; or
(c) where the application is made by a partnership:
(i) a partner in the partnership is not a fit and proper person; or
(ii) a person who would participate in the work of the partnership, if the partnership were a customs broker, is not a fit and proper person.
(2) For the purposes of subsection (1), an applicant shall be taken to be qualified to be a customs broker if, and only if:
(a) except where the applicant has been exempted under subsection (3), the applicant has completed a course of study or instruction approved under subsection (5); and
(b) the applicant has acquired experience that, in the opinion of the Comptroller‑General of Customs, fits the applicant to be a customs broker.
(3) The Comptroller‑General of Customs may, by writing signed by him or her, exempt an applicant from the requirements of paragraph (2)(a) where, having regard to the experience or training of the applicant, he or she considers that it is appropriate to do so.