Customs Act 1901

PART IV - THE IMPORTATION OF GOODS  

Division 3 - The Report of the Cargo  

Subdivision C - The registration, rights and obligations of special reporters  

SECTION 67EB   REQUIREMENTS FOR REGISTRATION AS A SPECIAL REPORTER  

67EB(1)    

The Comptroller-General of Customs must not register a person as a special reporter if:

(a) (repealed)

(b)    

the applicant does not satisfy the Comptroller-General of Customs as mentioned in subsection (2) in relation to low value cargo of that kind; or

(c)    if the applicant is applying to be registered in respect of low value cargo consigned from a particular mail-order house - the applicant is not a party to a house agreement with that mail-order house in force at all times during the 3 consecutive months before the making of the application; or

(d)    

the applicant does not have dedicated computer facilities having such specifications as are determined, in writing, by the Comptroller-General of Customs for the purpose of this paragraph, in relation to low value cargo generally, including, in particular, specifications to ensure that the information maintained by the applicant in those facilities will not be able to be accessed or altered by unauthorised persons; or

(e)    

in the opinion of the Comptroller-General of Customs:

(i) if the applicant is a natural person - the applicant is not a fit and proper person to be registered as a special reporter; or

(ii) if the applicant is a partnership - any of the partners is not a fit and proper person to be a member of a partnership registered as a special reporter; or

(iii) if the applicant is a company - any director, officer or shareholder of a company who would participate in the management of the affairs of the company is not a fit and proper person so to participate; or

(iv) an employee of the applicant who would participate in the management of the applicant ' s dedicated computer facilities is not a fit and proper person so to participate; or

(v) if the applicant is a company - the company is not a fit and proper company to be registered as a special reporter.

67EB(2)    

An applicant for registration as a special reporter in relation to low value cargo of a particular kind is taken to comply with this subsection if, and only if, the applicant satisfies the Comptroller-General of Customs that:

(a)    in a case of low value cargo consigned from a particular mail-order house to consignees in Australia - the applicant is likely to make cargo reports covering at least 1,000 such consignments per month from the mail-order house during the period of registration; or

(b)    in a case of low value cargo of another prescribed kind consigned from a place outside Australia to a consignee in Australia - the applicant is likely to make cargo reports covering a number of consignments per month of that kind that is not less than the number specified in the regulations.

67EB(3)    

The Comptroller-General of Customs must, in deciding whether a person is a fit and proper person for the purposes of subparagraph (1)(e)(i) , (ii), (iii) or (iv) have regard to:

(a)    any conviction of the person of an offence against this Act committed within the 10 years immediately before the decision; and

(b)    any conviction of the person of an offence punishable by imprisonment for one year or longer:

(i) against another law of the Commonwealth; or

(ii) against a law of a State or of a Territory;

if that offence was committed within the 10 years immediately before that decision; and

(c)    whether the person is an insolvent under administration; and

(d)    

whether the person was, in the 2 years immediately before that decision, a director of, or concerned in the management of, a company that:

(i) had been, or is being, wound up; or

(ii) had had its registration as a special reporter in relation to any low value cargo of any kind cancelled by the Comptroller-General of Customs because of a breach of any condition to which the registration of the company as a special reporter was subject; and

(e)    whether any misleading information or document has been furnished in relation to the person by the applicant under subsection 67EC(2) , 67ED(5) or 67EK(12) ; and

(f)    if any information or document given by or in relation to the person was false - whether the applicant knew that the information or document was false; and

(g)    

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 before the decision.

67EB(4)    

The Comptroller-General of Customs must, in deciding whether a company is a fit and proper company for the purpose of subparagraph (1)(e)(v) , have regard to:

(a)    any conviction of the company of an offence:

(i) against this Act; or

(ii) if it is punishable by a fine of $5,000 or more - against another law of the Commonwealth, or a law of a State or of a Territory;

committed:

(iii) within the 10 years immediately before that decision; and

(iv) at a time when any person who is presently a director, officer or shareholder of a kind referred to in subparagraph (1)(e)(iii) in relation to the company was such a director, officer or shareholder; and

(b)    whether a receiver of the property, or part of the property, of the company has been appointed; and

(c)    

whether the company is under administration within the meaning of the Corporations Act 2001 ; and

(d)    

whether the company has executed, under Part 5.3A of that Act, a deed of company arrangement that has not yet terminated; and

(e)    

whether the company is under restructuring within the meaning of that Act; and

(ea)    

whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan that has not yet terminated; and

(f)    whether the company is being wound up.

67EB(5)    
Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieves persons from the requirement to disclose spent convictions and requires persons aware of such convictions to disregard them).