Customs Act 1901
The Comptroller-General of Customs shall not grant a warehouse licence if, in his or her opinion - (a) where the applicant is a natural person - the applicant is not a fit and proper person to hold a warehouse licence; or (b) where the applicant is a partnership - any of the partners is not a fit and proper person to be a member of a partnership holding a warehouse licence; or (c) where the applicant is a company - any director, officer or shareholder of the company who would participate in the management or control of the warehouse is not a fit and proper person so to participate; or (d) an employee of the applicant who would participate in the management or control of the warehouse is not a fit and proper person so to participate; or (da) where the applicant is a company - the company is not a fit and proper company to hold a warehouse licence; or (e) the physical security of the place in relation to which the licence is sought is not adequate having regard to -
(ia) the nature of the place;
(i) the kinds and quantity of goods that would be kept in that place if it were a warehouse; or
(f) the plant and equipment that would be used in relation to goods in the place in relation to which the licence is sought if it were a warehouse are not suitable having regard to the nature of those goods and that place; or (g) the books of account or records that would be kept in relation to the place in relation to which the licence is sought if it were a warehouse would not be suitable to enable an officer of Customs adequately to audit those books or records.
(ii) the procedures and methods that would be adopted by the applicant to ensure the security of goods in the place if it were a warehouse; or
81(2)
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) , (c) or (d) have regard to - (a) any conviction of the person for an offence against this Act committed within the 10 years immediately preceding the making of the application; and (b) any conviction of the person for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer, being an offence committed within the 10 years immediately preceding the making of the application; and (c) whether the person is an undischarged bankrupt; and (d) any misleading statement made under section 80 or 80A in relation to the application by or in relation to the person; and (e) where any statement by the person in the application was false - whether the person knew that the statement was false; and (f) 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.
81(3)
The Comptroller-General of Customs shall, in determining whether a company is a fit and proper company for the purposes of paragraph (1)(da) , have regard to - (a) any conviction of the company of 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; or (b) any conviction of the company of an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by a fine of 50 penalty units 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; or (c) whether a receiver of the property, or part of the property, of the company has been appointed; or (ca) whether the company is under administration within the meaning of the Corporations Act 2001 ; or (cb) whether the company has executed under Part 5.3A of that Act a deed of company arrangement that has not yet terminated; or (d) whether the company is under restructuring within the meaning of that Act; or (da) whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan that has not yet terminated; or (e) whether the company is being wound up.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.