Customs Act 1901

PART XI - AGENTS AND CUSTOMS BROKERS  

Division 3 - Licensing of customs brokers  

SECTION 183CG   LICENCE GRANTED SUBJECT TO CONDITIONS  

183CG(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.

183CG(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.

183CG(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.

183CG(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.

183CG(5)    

A broker ' s licence is subject to such other conditions (if any) as are prescribed.

183CG(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.

183CG(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.

183CG(7A)    

Subsection (7) does not limit section 183CGB .

Kind of application

183CG(7B)    

An application under subsection (7) may be made by document or electronically.

183CG(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.

183CG(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

183CG(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.

183CG(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.

183CG(8)    
(Repealed by No 79 of 2024)