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

(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 may, upon application in writing by a customs broker and the production of the licence held by the customs broker, vary the conditions specified in the licence by making an alteration to, or an endorsement on, the licence.

183CG(7A)  


Subsection (7) does not limit section 183CGB .

183CG(8)  


Where a customs broker fails to comply with a condition of his or her licence the Comptroller-General of Customs may, by notice in writing served on the customs broker, require the customs broker to comply with that condition within the time specified in the notice.

 

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