Customs and Other Legislation Amendment (Australian Border Force) Act 2015 (41 of 2015)

Schedule 1   Amendments of Customs Act

Part 2   Saving and transitional provisions

912   Depot licences

(1) A licence in force under Part IVA of the Customs Act 1901 immediately before the commencement of this item (including one varied under section 77LA of that Act) continues in force on and after that commencement as if it had been granted by the Comptroller-General of Customs.

(2) Any conditions of such a licence continue in force on and after that commencement. For this purpose, the conditions set out in subsections 77N(2) to (10) and section 77P of the Customs Act 1901, as amended by this Schedule, apply in relation to such a licence.

(3) Subitem (1) is taken to apply to a licence that was suspended immediately before the commencement of this item. This subitem does not affect the period of suspension of the licence.

(4) An application for a licence under Part IVA of the Customs Act 1901 that was made to the Chief Executive Officer of Customs before the commencement of this item and that had not been decided before that commencement is taken on and after that commencement to have been an application made to the Comptroller-General of Customs.

(5) A notice given under subsection 77J(1) of the Customs Act 1901 before the commencement of this item (including one modified under subsection 77J(2) of that Act) is taken on and after that commencement to have been a notice given under subsection 77J(1) of that Act as amended by this Schedule.

(6) An application under section 77LA of the Customs Act 1901 that was made to the Chief Executive Officer of Customs before the commencement of this item and that had not been decided before that commencement is taken on and after that commencement to have been an application made to the Comptroller-General of Customs under that section as amended by this Schedule.

(7) A notice given under subsection 77LA(3) or 77V(1) of the Customs Act 1901 before the commencement of this item is taken on and after that commencement to have been a notice given under that subsection as amended by this Schedule.

(8) If a notice was given by the Chief Executive Officer of Customs under paragraph 77Q(1B)(a) of the Customs Act 1901 before the commencement of this item and the conditions in the notice had not taken effect before that commencement, then on and after that commencement the notice is taken to have been given by the Comptroller-General of Customs under that paragraph as amended by this Schedule.

(9) If a notice was given by the Chief Executive Officer of Customs under subsection 77Q(2) of the Customs Act 1901 before the commencement of this item and the variation had not taken effect before that commencement, then on and after that commencement the notice is taken to have been given by the Comptroller-General of Customs under that subsection as amended by this Schedule.

(10) A requirement made under subsection 77VA(2) or 77X(2) of the Customs Act 1901 before the commencement of this item is taken on and after that commencement to have been a requirement made under that subsection as amended by this Schedule.

(11) A notice given under subsection 77VC(1) or (2) of the Customs Act 1901 before the commencement of this item is taken on and after that commencement to have been a notice given under that subsection as amended by this Schedule.

(12) A request made under subsection 77VC(2) of the Customs Act 1901 before the commencement of this item is taken on and after that commencement to have been a request made under that subsection as amended by this Schedule.