Customs Licensing Charges Act 1997
View history note
Hide history noteThis Act may be cited as the Customs Licensing Charges Act 1997.
This Act commences at the same time as item 25 of Schedule 1 to the Customs Amendment Act (No. 1) 1997 commences.
[ CCH Note: Item 25, Sch 1 to the Customs Amendment Act (No 1) 1997 commenced on 1 April 1997.]
In this Act:
broker's licence
means a licence to act as a customs broker granted under section 183C of the Customs Act and includes such a licence that has been renewed under section 183CJ of that Act.
"cargo report"
means a cargo report under section 64AB of the Customs Act.
"commencement day"
means the day on which Part IVA of the Customs Act commences.
Comptroller-General of Customs
means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) ofthe Australian Border Force Act 2015.
"Customs Act"
means the Customs Act 1901.
customs broker licence application charge
means the customs broker licence application charge payable as set out in section 183CA of the Customs Act.
customs broker licence charge
means the customs broker licence charge payable as set out in section 183CJA of the Customs Act.
"depot licence"
means a licence granted under section 77G of the Customs Act and includes such a licence that has been renewed under section 77T of that Act.
"depot licence application charge"
means the depot licence application charge payable as set out in section 77H of the Customs Act.
"depot licence charge"
means the depot licence charge payable as set out in section 77U of the Customs Act.
"depot licence variation charge"
means the depot licence variation charge payable as set out in section 77LA of the Customs Act.
"electronic"
(Repealed by No 41 of 2015)
"line of cargo"
means cargo covered by that part of a cargo report that constitutes a reference to:
(a) a single air waybill or similar document; or
(b) a single bill of lading or similar document.
"transactions handled"
, in relation to a place that is, or becomes, a depot licensed under Part IVA of the Customs Act and to a period, means lines of cargo received into that place during that period.
warehouse licence
means a licence granted under section 79 of the Customs Act and includes such a licence that has been renewed under section 84 of that Act.
warehouse licence application charge
means the warehouse licence application charge payable as set out in section 80 of the Customs Act.
warehouse licence charge
means the warehouse licence charge payable as set out in section 85 of the Customs Act.
warehouse licence variation charge
means the warehouse licence variation charge payable as set out in section 81B of the Customs Act.
This Act does not extend to Norfolk Island.
Depot licence application charge payable as set out in section 77H of the Customs Act is imposed.
4(2)(Repealed by No 63 of 2011)
4(3) [Depot licence charge under sec 77U]
Depot licence charge payable as set out in section 77U of the Customs Act is imposed.
4(4) [Depot licence variation charge]Depot licence variation charge payable as set out in section 77LA of the Customs Act is imposed.
The amount of depot licence application charge payable by an applicant for a depot licence is $3,000, or, if another amount not exceeding $4,500 is prescribed, that other amount.
Grant of licence
6(1)
The amount of depot licence charge payable in respect of the grant of a depot licence is: (a) for the grant of a depot licence that comes into force on a 1 July - $4,000, or, if another amount not exceeding $6,000 is prescribed, that other amount; or (b) for the grant of a depot licence that comes into force on a day in a financial year other than 1 July - the amount worked out using the formula:
| Amount applicable | × | Number of days remaining in the financial year, starting on the day the licence comes into force |
| under paragraph (a) | Number of days in the financial year |
Renewal of licence
6(2)
Subject to subsection (3), the amount of depot licence charge payable in respect of the renewal of a depot licence is $4,000, or, if another amount not exceeding $6,000 is prescribed, that other amount.
6(3)
If: (a) the depot concerned was licensed under Part IVA of the Customs Act during the whole of the period of 12 months ending on the last 31 March before the start of the financial year for which the renewal is sought; and (b) there were less than 300 transactions handled in relation to the depot during that 12-month period;
the amount of depot licence charge payable in respect of the renewal of the depot licence is $1,500, or, if another amount not exceeding $2,250 is prescribed, that other amount.
The amount of depot licence variation charge payable by an applicant for the variation of a depot licence is $300 or, if another amount, not exceeding $450, is prescribed, that other amount.
Warehouse licence application charge payable as set out in section 80 of the Customs Act is imposed.
6B(2)
Warehouse licence charge payable as set out in section 85 of the Customs Act is imposed.
6B(3)
Warehouse licence variation charge payable as set out in section 81B of the Customs Act is imposed.
The amount of warehouse licence application charge payable by an applicant for a warehouse licence is $3,000, or, if another amount not exceeding $4,500 is prescribed, that other amount.
Grant of licence
6D(1)
The amount of warehouse licence charge payable in respect of the grant of a warehouse licence is: (a) for the grant of a warehouse licence that comes into force on a 1 July - $4,000, or, if another amount not exceeding $6,000 is prescribed, that other amount; or (b) for the grant of a warehouse licence that comes into force on a day in a financial year other than 1 July - the amount worked out using the formula:
| Amount applicable
under paragraph (a) |
× | Number of days remaining in the financial year, starting on the day the licence comes into force |
| Number of days in the financial year |
Renewal of licence
6D(2)
The amount of warehouse licence charge payable in respect of the renewal of a warehouse licence is $4,000, or, if another amount not exceeding $6,000 is prescribed, that other amount.
Section subject to section 6E
6D(3)
(Repealed by No 51 of 2024)
(Repealed by No 51 of 2024)
The amount of warehouse licence variation charge payable by an applicant for the variation of a warehouse licence is $300, or, if another amount not exceeding $450 is prescribed, that other amount.
Customs broker licence application charge payable as set out in section 183CA of the Customs Act is imposed.
6G(2)
Customs broker licence charge payable as set out in section 183CJA of the Customs Act is imposed.
The amount of customs broker licence application charge payable by an applicant for a broker's licence is:
(a) if the applicant is a natural person who does not intend to act as a customs broker in his or her own right when the licence is in force - $130, or, if another amount not exceeding $195 is prescribed, that other amount; or
(b) in any other case - $1,300, or, if another amount not exceeding $1,950 is prescribed, that other amount.
The amount of customs broker licence charge payable in respect of the grant or renewal of a broker's licence is:
(a) if the holder of the licence is a natural person who does not intend to act as a customs broker in his or her own right when the licence is in force - $240, or, if another amount not exceeding $360 is prescribed, that other amount; or
(b) in any other case - $2,400, or, if another amount not exceeding $3,600 is prescribed, that other amount.
The Governor-General may make regulations for the purposes of this Act.