(2) Where the amount of the security in force in respect of a customs broker is less than the amount prescribed in respect of the prescribed class of customs brokers to which the customs broker belongs, the Comptroller‑General of Customs may, by notice in writing to the customs broker, require the customs broker to give, within such period as is specified in the notice, a fresh security in lieu of the security in force under subsection (1) in an amount specified in the notice, being an amount not exceeding the amount so prescribed, and, if the customs broker fails to comply with the notice, the customs broker shall not be entitled to hold a broker’s licence.
Note: See section 183UAA for the ways in which the notice may be given to the customs broker.
(3) Where, by virtue of subsection (1), an applicant for a broker’s licence is not entitled to be granted the licence, the Comptroller‑General of Customs may, under subsection 183C(1), refuse to grant the licence to the applicant.
(4) Where, by virtue of subsection (1) or (2), a customs broker is not entitled to hold a broker’s licence, the Comptroller‑General of Customs may cancel the broker’s licence held by the customs broker.
(5) Regulations made for the purposes of this section may prescribe different amounts in respect of different classes of applicants or customs brokers and, without limiting the generality of the foregoing, may prescribe different amounts in respect of applicants who are natural persons and applicants that are partnerships or companies and in respect of customs brokers who are natural persons and corporate customs brokers.
183CM Nominees
For the purposes of this Part, a person shall be taken to be a nominee of a customs broker from the time when the name of the nominee is endorsed, in pursuance of paragraph 183CE(1)(b) or of section 183CF, on the licence of the customs broker until the nominee dies or until the Comptroller‑General of Customs deletes the name of the nominee from that licence under section 183CP, whichever occurs first.
183CN Removal of nominee
The Comptroller‑General of Customs shall delete the name of a nominee of a customs broker from the broker’s licence of that customs broker if:
(a) the nominee dies; or
(b) the nominee ceases to hold a broker’s licence; or
(c) the nominee ceases to act as nominee of the customs broker; or
(d) the nominee requests the Comptroller‑General of Customs, in writing, to delete his or her name from the licence; or
(e) the name of the nominee is found to have been endorsed on the licence in circumstances where the endorsement should not have been made.
183CP Notice to nominate new nominee
If the broker’s licence of a customs broker ceases to comply with subsection 183C(2), the Comptroller‑General of Customs may, by notice in writing given to the customs broker, require the customs broker to apply within such period as is specified in the notice, for such variation of the licence as would result in the licence complying with that subsection.
Note: See section 183UAA for the ways in which the notice may be given to the customs broker.
Division 4—Suspension, cancellation and non‑renewal of licences
183CQ Investigation of matters relating to a broker’s licence
(1) The Comptroller‑General of Customs may give notice to a customs broker if the Comptroller‑General of Customs has reasonable grounds to believe that:
(a) the customs broker has been convicted of a prescribed offence; or
(b) the customs broker, being a natural person, is an undischarged bankrupt; or
(ba) the customs broker, being a natural 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 giving of the notice; or
(c) the customs broker, being a company, is in liquidation; or
(d) the customs broker has ceased to perform the duties of a customs broker in a satisfactory and responsible manner; or
(e) the customs broker is guilty of conduct that is an abuse of the rights and privileges arising from his or her licence; or
(f) a customs broker licence charge payable in respect of the licence remains unpaid more than 28 days after the day the charge was due to be paid; or
(g) the customs broker made a false or misleading statement in the application for the licence; or
(h) the customs broker has not complied with a condition imposed on the grant or renewal of the licence; or
(j) the customs broker has not, within the time specified in a notice under section 183CP, complied with that notice;
or it otherwise appears to the Comptroller‑General of Customs to be necessary for the protection of the revenue or otherwise in the public interest to give the notice.
Note: See section 183UAA for the ways in which the notice may be given to the customs broker.
(2) Without limiting the generality of paragraph (1)(d), a customs broker shall be taken, for the purposes of that paragraph, to have ceased to perform the duties of a customs broker in a satisfactory and responsible manner if the documents prepared by the customs broker for the purposes of this Act contain errors that are unreasonable having regard to the nature or frequency of those errors.
Notice where no referral to Committee
(4) If the Comptroller‑General of Customs gives a customs broker a notice under this section because of paragraph (1)(a), (c) or (f), the notice must:
(a) state the grounds on which the notice is given; and
(b) state the things the Comptroller‑General may do in relation to the broker’s licence under subsection 183CS(1); and
(c) invite the broker to make a written submission to the Comptroller‑General in relation to the matter within the period specified in the notice (which must be at least 14 days after the day the notice is given).
Notice where referral to Committee
(4A) If the Comptroller‑General of Customs gives a customs broker a notice under this section and subsection (4) does not apply, the notice must:
(a) state the grounds on which the notice is given; and
(b) state that the Comptroller‑General is going to refer to the Committee, for investigation and report to the Comptroller‑General, the question whether the Comptroller‑General should take action in relation to the broker’s licence under subsection 183CS(1); and
(c) state the things the Comptroller‑General may do in relation to that licence under subsection 183CS(1); and
(d) state the rights of the customs broker under sections 183J and 183S to take part in the proceedings before the Committee.
(5) If the Comptroller‑General of Customs gives a notice under this section to a customs broker where subsection (4A) applies, the Comptroller‑General of Customs must refer the question whether the Comptroller‑General of Customs should take action in relation to the licence under subsection 183CS(1) to the Committee, for investigation and report to the Comptroller‑General of Customs.
(6) Where the Comptroller‑General of Customs refers a question to the Committee under subsection (5), the Comptroller‑General of Customs shall give particulars to the Committee of all the information in his or her possession that is relevant to the question so referred.
(7) Where a question is referred to the Committee under subsection (5), the Committee shall, as soon as practicable, conduct an investigation and make a report on the question to the Comptroller‑General of Customs.
183CR Interim suspension by Comptroller‑General of Customs
(1) Where the Comptroller‑General of Customs gives a notice under section 183CQ to a customs broker, the Comptroller‑General of Customs may, if the Comptroller‑General of Customs considers it necessary for the protection of the revenue or otherwise in the public interest to do so, suspend the licence of the customs broker pending the making of a submission (if any) under paragraph 183CQ(4)(c) by the customs broker or pending the investigation and report of the Committee under subsection 183CQ(7) in relation to the customs broker.
(2) The Comptroller‑General of Customs may suspend the broker’s licence of a customs broker in pursuance of subsection (1) by:
(a) including in the notice to the customs broker in accordance with section 183CQ a statement to the effect that the licence is suspended under that subsection; or
(b) giving further notice in writing to the customs broker to the effect that the licence is suspended under that subsection.
Note: See section 183UAA for the ways in which a notice may be given to the customs broker.
(3) A suspension of a licence by the Comptroller‑General of Customs under subsection (1) has effect until the suspension is revoked by the Comptroller‑General of Customs, or the Comptroller‑General of Customs has dealt with the matter in accordance with section 183CS, whichever occurs first.
(4) Where a broker’s licence is suspended under this section, the Comptroller‑General of Customs may at any time revoke the suspension.
183CS Powers of Comptroller‑General of Customs
(1) If the Comptroller‑General of Customs, after considering a submission (if any) under paragraph 183CQ(4)(c) by a customs broker, or after considering a report of the Committee under subsection 183CQ(7) in relation to a customs broker, is:
(a) satisfied in relation to the licence as to any of the matters mentioned in paragraphs (a) to (j) (inclusive) of subsection 183CQ(1); or
(b) satisfied on any other grounds that it is necessary to do so for the protection of the revenue or for the purpose of ensuring compliance with the Customs Acts;
he or she may, by notice to the customs broker:
(c) cancel the licence; or
(d) if the licence is about to expire—order that the licence not be renewed; or
(e) reprimand the customs broker; or
(f) in a case where the licence is not already suspended—suspend the licence for a period specified in the notice; or
(g) in a case where the licence is already suspended—further suspend the licence for a period specified in the notice.
Note: See section 183UAA for the ways in which a notice may be given to the customs broker.
(1A) The notice under subsection (1) must set out the reasons for the giving of the notice.
(2) Where the Comptroller‑General of Customs, after considering a submission (if any) under paragraph 183CQ(4)(c) by a customs broker or after considering a report of the Committee under subsection 183CQ(7) in relation to a customs broker, decides not to take any further action in the matter, he or she shall, by notice in writing to the customs broker, inform the customs broker accordingly, and, if the licence of the customs broker is suspended, he or she shall revoke the suspension.
Note: See section 183UAA for the ways in which a notice may be given to the customs broker.
(4) The period for which the Comptroller‑General of Customs may suspend or further suspend a licence under subsection (1) may be a period expiring after the date on which the licence, if not renewed, would expire.
(5) Where the Comptroller‑General of Customs orders under paragraph (1)(d) that a licence not be renewed, he or she shall notify the appropriate Collector accordingly.
183CSA Cancellation of broker’s licence on request
The Comptroller‑General of Customs may, by notice in writing given to the holder of a broker’s licence, cancel the licence if the Comptroller‑General receives a written request from the holder of the licence that the licence be cancelled on and after a specified day.
Note: See section 183UAA for the ways in which the notice may be given to the holder of the licence.
183CT Effect of suspension
(1) During a period in which a broker’s licence held by a natural person is suspended under this Division:
(a) the person shall not act as a customs broker;
(b) the person shall not act as a nominee of a customs broker; and
(c) a nominee of the person shall not act as such a nominee.
(2) During a period in which a broker’s licence held by a corporate customs broker is suspended under this Division:
(a) the corporate customs agent shall not act as a customs broker; and
(b) a nominee of the corporate customs broker shall not act as such a nominee.
183D National Customs Brokers Licensing Advisory Committee
(1) The National Customs Agents Licensing Advisory Committee in existence immediately before the commencement of this subsection continues in existence as the National Customs Brokers Licensing Advisory Committee.
(2) The functions of the Committee are:
(a) to investigate and report on applications referred to it by the Comptroller‑General of Customs under section 183CB;
(b) to investigate and report on questions referred to it by the Comptroller‑General of Customs under section 183CQ;
(c) to advise the Comptroller‑General of Customs in relation to the approval of courses of study under section 183CC; and
(d) where the Comptroller‑General of Customs requests the Committee to advise him or her on the standards that customs brokers should meet in the performance of their duties and obligations as customs brokers—to advise the Comptroller‑General of Customs accordingly.
183DA Constitution of Committee
(1) The Committee shall consist of the following members:
(a) the Chair;
(b) a member to represent customs brokers;
(c) a member to represent the Commonwealth.
(2) The Chair shall be a person who:
(a) is or has been a Stipendiary, Police, Special or Resident Magistrate of a State or Territory; or
(b) in the opinion of the Comptroller‑General of Customs, possesses special knowledge or skill in relation to matters that the Committee is to advise or report on.
(3) A member referred to in paragraph (1)(a) or (b) shall be appointed by the Comptroller‑General of Customs for a period not exceeding 2 years but is eligible for re‑appointment.
(4) The member referred to in paragraph (1)(b) shall be appointed on the nomination of an organization that, in the opinion of the Comptroller‑General of Customs, represents customs brokers.
(5) The member referred to in paragraph (1)(c) shall be the person for the time being holding, or performing the duties of, the office in the Department that the Comptroller‑General of Customs specifies, in writing signed by him or her, to be the office for the purposes of this subsection.
(6) The appointment of a member is not invalidated, and shall not be called in question, by reason of a deficiency or irregularity in, or in connection with, his or her nomination or appointment.
183DB Remuneration and allowances
(1) A member referred to in paragraph 183DA(1)(a) or (b) shall be paid such remuneration as is determined by the Remuneration Tribunal, but if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed.
(2) A member referred to in paragraph 183DA(1)(a) or (b) shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
183DC Acting Chair
(1) Subject to subsection (2), the Comptroller‑General of Customs may appoint a person to act as Chair:
(a) during a vacancy in the office of Chair; or
(b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is for any other reason, unable to perform the functions of his or her office.
(2) A person shall not be appointed to act as Chair unless he or she is qualified, in accordance with subsection 183DA(2), to be appointed as Chair.
(3) A person appointed to act as Chair shall be paid such fees, allowances and expenses as the Comptroller‑General of Customs determines.
183DD Deputy member
(1) The Comptroller‑General of Customs may appoint a person, on the nomination of an organization referred to in subsection 183DA(4), to be the deputy of the member referred to in paragraph 183DA(1)(b) during the pleasure of the Comptroller‑General of Customs and the person so appointed shall, in the event of the absence of the member from a meeting of the Committee, be entitled to attend that meeting and, when so attending, shall be deemed to be a member of the Committee.
(2) Where the Comptroller‑General of Customs specifies an office in the Department for the purposes of this subsection, the person for the time being holding, or performing the duties of, that office shall be the deputy of the member referred to in paragraph 183DA(1)(c) and that person shall, in the event of the absence of that member from a meeting of the Committee, be entitled to attend that meeting and, when so attending, shall be deemed to be a member of the Committee.
(3) A deputy of the member referred to in paragraph 183DA(1)(b) shall be paid such fees, allowances and expenses as the Comptroller‑General of Customs determines.
183E Procedure of Committees
The regulations may make provision for and in relation to the procedure of the Committee.
183F Evidence
The Committee is not bound by legal rules of evidence but may inform itself on a matter referred to it under this Part in such manner as it thinks fit.
183G Proceedings in private
The proceedings of the Committee shall be held in private.
183H Determination of questions before a Committee
All questions before the Committee shall be decided according to the opinion of the majority of its members.
183J Customs broker affected by investigations to be given notice