(4) The Comptroller‑General of Customs shall, in determining whether a person is a fit and proper person for the purposes of paragraph (1)(a), (b) or (c) (other than subparagraph (1)(b)(iii)), have regard to:
(a) any conviction of the person for a prescribed offence committed within the 10 years immediately preceding the making of the application; and
(aa) 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 preceding the making of the application; and
(b) whether the person is an undischarged bankrupt; and
(c) any misleading statement made in the application by or in relation to the person; and
(d) where any statement by the person in the application was false—whether the person knew that the statement was false.
(4A) The Comptroller‑General of Customs shall, in determining whether a company is a fit and proper company to hold a broker’s licence for the purposes of subparagraph (1)(b)(iii), have regard to:
(a) any conviction of the company for an offence against this Act committed within the 10 years immediately preceding the making of the application and at a time when a person who is a director, officer or shareholder of the company was a director, officer or shareholder of the company;
(b) any conviction of the company for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by a fine of $5,000 or more, being an offence committed within the 10 years immediately preceding the making of the application and at a time when a person who is a director, officer or shareholder of the company was a director, officer or shareholder of the company;
(c) whether a receiver of the property, or part of the property, of the company has been appointed;
(ca) whether the company is under administration within the meaning of the Corporations Act 2001;
(cb) whether the company has executed under Part 5.3A of that Act a deed of company arrangement that has not yet terminated;
(d) whether the company is under restructuring within the meaning of that Act;
(da) whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan that has not yet terminated;
(e) whether the company is being wound up.
(5) The Comptroller‑General of Customs may, after obtaining and considering the advice of the Committee, approve, in writing, a course or courses of study or instruction that fits or fit a person to be a customs broker.
183CCA Notice of refusal to grant a broker’s licence
If the Comptroller‑General of Customs refuses to grant a broker’s licence to a person, the Comptroller‑General must give the person written notice of the refusal and of the reasons for the refusal.
183CD Eligibility to be nominee
A person is eligible to be the nominee of a customs broker if, and only if:
(a) he or she is a natural person; and
(b) he or she is a customs broker; and
(c) he or she does not act as a customs broker in his or her own right; and
(g) he or she is not authorized to be an agent in accordance with subsection 181(1); and
(h) he or she is a customs broker at a place at which the first‑mentioned customs broker is a customs broker.
183CE Original endorsement on licence
(1) Where the Comptroller‑General of Customs grants a broker’s licence, he or she shall:
(a) endorse on the licence the name of the place or of each place at which the holder of the licence may act as a customs broker; and
(b) endorse on the licence the name of each customs broker who is a nominee of the licensee and opposite to each such name the name of the place or of each place at which he or she acts as a customs broker.
(2) The Comptroller‑General of Customs shall not, in pursuance of subsection (1), endorse a licence so as to show a person as a nominee of a customs broker at a place if that person is not eligible to be a nominee of that customs broker at that place.
183CF Variation of licences
Places
(1) Subject to subsection (3), the Comptroller‑General of Customs must, upon application by a customs broker:
(a) vary the licence so that a place is specified, or ceases to be specified, in the licence as a place at which the holder of the licence may act as a customs broker; or
(b) refuse, in writing, to vary the licence.
Nominees
(2) Subject to subsection (3), the Comptroller‑General of Customs must, upon application by a customs broker:
(a) vary the licence so that a person is specified, or ceases to be specified, in the licence as a nominee of the customs broker; or
(b) refuse, in writing, to vary the licence.
Kind of application
(2A) An application under subsection (1) or (2) may be made by document or electronically.
(2B) 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 signed in the manner indicated in the form.
(2C) 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.
Limitations
(3) The Comptroller‑General of Customs must not vary the licence so that the licence ceases to comply with subsection 183C(2).
(4) A person must not be specified under subsection (2) as a nominee of a customs broker unless he or she has consented, in writing, to the specification.
Notification of decisions
(5) If the Comptroller‑General of Customs varies the licence, the Comptroller‑General must give the holder of the licence a copy of the variation. The variation takes effect at the time the copy is given.
(6) If the Comptroller‑General of Customs refuses to vary the licence, the Comptroller‑General must give the holder of the licence written notice of the refusal and of the reasons for the refusal.
Note: See section 183UAA for the ways in which the notice may be given to the holder of the licence.
183CG Licence granted subject to conditions
(1) A broker’s licence is subject to the condition that if:
(a) the holder of the licence is convicted of a prescribed offence; or
(b) in the case of a licence held by a natural person—the holder of the licence:
(i) becomes bankrupt; or
(ii) has been refused a transport security identification card, or has had such a card suspended or cancelled, after the licence was granted or last renewed, or within the 10 years immediately preceding that grant or renewal; or
(c) in the case of a licence held by a company:
(i) a receiver of the property, or part of the property, of the company is appointed; or
(ii) an administrator of the company is appointed under section 436A, 436B or 436C of the Corporations Act 2001; or
(iii) the company executes a deed of company arrangement under Part 5.3A of that Act; or
(iiia) a small business restructuring practitioner for the company is appointed under section 453B of that Act; or
(iiib) the company makes a restructuring plan under Division 3 of Part 5.3B of that Act; or
(iv) the company begins to be wound up;
the holder of the licence shall, within 30 days after the occurrence of the event referred to in paragraph (a), (b) or (c), give the Comptroller‑General of Customs particulars in writing of that event.
(2) A broker’s licence held by a natural person is subject to the condition that the holder of the licence shall not act as a customs broker in his or her own right at any time at which he or she is a nominee of a customs broker.
(3) A broker’s licence held by a customs broker is subject to the condition that if:
(a) a person not described in the application for the licence as participating in the work of the customs broker commences so to participate; or
(b) a nominee of the customs broker dies or ceases to act as nominee of the customs broker; or
(c) a person who participates in the work of the customs broker:
(i) is convicted of a prescribed offence; or
(ii) becomes bankrupt; or
(iii) has been refused a transport security identification card, or has had such a card suspended or cancelled, after the licence was granted or last renewed, or within the 10 years immediately preceding that grant or renewal; or
(d) in the case of a licence held by a partnership:
(i) a member of the partnership is convicted of a prescribed offence or becomes bankrupt; or
(ia) a member of the partnership has been refused a transport security identification card, or has had such a card suspended or cancelled, after the licence was granted or last renewed, or within the 10 years immediately preceding that grant or renewal; or
(ii) there is a change in the membership of the partnership;
the holder of the licence shall, within 30 days after the occurrence of the event referred to in whichever of the preceding paragraphs applies, give the Comptroller‑General of Customs particulars in writing of that event.
(4) A broker’s licence held by a customs broker is subject to the condition that the broker shall do all things necessary to ensure that:
(a) all persons who participate in the work of the customs broker are fit and proper persons; and
(aa) in the case of a licence held by a company—all directors of the company are fit and proper persons; and
(b) in the case of a licence held by a partnership—all members of the partnership are fit and proper persons.
(5) A broker’s licence is subject to such other conditions (if any) as are prescribed.
(6) A broker’s licence is subject to such other conditions (if any) as are specified in the licence, being conditions considered by the Comptroller‑General of Customs to be necessary or desirable:
(a) for the protection of the revenue; or
(b) for the purpose of ensuring compliance with the Customs Acts; or
(c) for any other purpose.
(7) The Comptroller‑General of Customs must, in writing and upon application by the holder of a broker’s licence for a variation of the conditions to which the licence is subject:
(a) vary those conditions; or
(b) refuse to vary those conditions.
(7A) Subsection (7) does not limit section 183CGB.
Kind of application
(7B) An application under subsection (7) may be made by document or electronically.
(7C) 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 signed in the manner indicated in the form.
(7D) 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.
Notification of decisions
(7E) If the Comptroller‑General of Customs, under subsection (7), varies the conditions to which the licence is subject, the Comptroller‑General must give the holder of the licence a copy of the variation. The variation takes effect at the time the copy is given.
(7F) If the Comptroller‑General of Customs, under subsection (7), refuses to vary the conditions to which the licence is subject, the Comptroller‑General must give the holder of the licence written notice of the refusal and of the reasons for the refusal.
Note: See section 183UAA for the ways in which the notice may be given to the holder of the licence.
183CGA Comptroller‑General of Customs may impose additional conditions to which a broker’s licence is subject
(1) The Comptroller‑General of Customs may, at any time, impose additional conditions to which the licence is subject if the Comptroller‑General of Customs considers the conditions to be necessary or desirable:
(a) for the protection of the revenue; or
(b) for the purpose of ensuring compliance with the Customs Acts; or
(c) for any other purpose.
(2) If the Comptroller‑General of Customs imposes conditions under subsection (1):
(a) the Comptroller‑General of Customs must, by written notice to the holder of the broker’s licence, notify the holder of the conditions; and
(b) the conditions cannot take effect before:
(i) the end of 30 days after the giving of the notice; or
(ii) if the Comptroller‑General of Customs considers that it is necessary for the conditions to take effect earlier—the end of a shorter period specified in the notice.
Note: See section 183UAA for the ways in which the notice may be given to the holder of the licence.
183CGB Comptroller‑General of Customs may vary the conditions to which a broker’s licence is subject
(1) The Comptroller‑General of Customs may, by written notice to the holder of a broker’s licence, vary:
(a) the conditions specified in the broker’s licence under section 183CG; or
(b) the conditions imposed under section 183CGA to which the licence is subject.
Note: See section 183UAA for the ways in which the notice may be given to the holder of the licence.
(2) A variation under subsection (1) cannot take effect before:
(a) the end of 30 days after the giving of the notice under that subsection; or
(b) if the Comptroller‑General of Customs considers that it is necessary for the variation to take effect earlier—the end of a shorter period specified in the notice given under that subsection.
(3) This section does not limit subsection 183CG(7).
183CGC Breach of conditions of a broker’s licence
(1) The holder of a broker’s licence must not breach a condition to which the licence is subject under section 183CG or 183CGA (including a condition varied under subsection 183CG(7) or section 183CGB).
Penalty: 60 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
183CH Duration of licence
(1) A broker’s licence:
(a) comes into force on a date specified in the licence or, if no date is so specified, the date on which it is granted; and
(b) subject to this Part, remains in force until the end of the licence expiry day next following the grant of the licence but may be renewed in accordance with section 183CJ.
(1A) For the purposes of this section:
(a) the first licence expiry day is 31 December 2000; and
(b) the next licence expiry day is 30 June 2003; and
(c) later licence expiry days occur at intervals of 3 years after the last licence expiry day.
(2) A licence granted to a natural person ceases to have effect on the death of that person.
183CJ Renewal of licence
(1) If a customs broker, within 2 months before the date on which his or her broker’s licence is due to expire, applies in writing to the Comptroller‑General of Customs for the renewal of the licence, the Comptroller‑General of Customs must, by writing, renew the licence unless:
(a) the Comptroller‑General of Customs has given an order under paragraph 183CS(1)(d) in relation to the licence; or
(b) the customs broker is, because of section 183CK, not entitled to hold a broker’s licence.
(2) A renewal of a licence shall not take effect if, on or before the date on which the licence would, apart from the renewal, expire, the licence is revoked.
(3) Where the licence held by a customs broker has been suspended, subsection (1) applies as if the licence had not been suspended, but the renewal of the licence does not have any force or effect until the licence ceases to be suspended.
(5) Subject to this Part, a licence that has been renewed continues in force until the first licence expiry day (as defined in section 183CH) after the day on which the licence would have expired apart from the renewal, but may be further renewed.
Note: Additional conditions may be imposed on the licence under section 183CGA, and the conditions to which the licence is subject may be varied under subsection 183CG(7) or section 183CGB.
183CJA Licence charges
Grant of licence
(1) A customs broker licence charge is payable in respect of the grant of a broker’s licence by the person seeking the grant.
(2) A person liable to pay a customs broker licence charge in respect of the grant of a broker’s licence must pay the charge before the end of the day the licence comes into force.
Renewal of licence
(3) A customs broker licence charge is payable in respect of the renewal of a broker’s licence by the holder of the licence.
(4) The holder of a broker’s licence liable to pay a customs broker licence charge in respect of the renewal of the broker’s licence must pay the charge before the end of the day the renewal of the licence comes into force.
183CK Security
(1) The Comptroller‑General of Customs may, by notice in writing given to a person making an application for a broker’s licence or a person who holds a broker’s licence, require that person to give, within the time specified in the notice, security in an amount determined by the Comptroller‑General of Customs, not being an amount exceeding the amount prescribed in respect of the prescribed class of applicants or customs brokers to which the person belongs, by bond, guarantee or cash deposit, or by any or all of those methods, for compliance by him or her with the Customs Acts, for compliance with the conditions or requirements to which the importation or exportation of goods is subject and generally for the protection of the revenue and that person is not entitled to be granted or to hold a broker’s licence, as the case may be, unless he or she gives security accordingly.
Note: See section 183UAA for the ways in which the notice may be given to the applicant or the holder of the licence.