Customs Act 1901

PART IVA - DEPOTS  

SECTION 77LA   VARIATION OF PLACES COVERED BY DEPOT LICENCE  

77LA(1)  


The Comptroller-General of Customs may, on application by the holder of a depot licence, vary the licence by:


(a) omitting the description of the place that is currently described in the licence and substituting a description of another place; or


(b) altering the description of the place that is currently described in the licence.

77LA(2)  
The 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 signed in the manner indicated in the form; and


(e) be accompanied by payment of the depot licence variation charge.

77LA(3)  


The Comptroller-General of Customs may, by written notice given to an applicant for the variation of a depot licence, require the applicant to supply further information in relation to the application within the period that is specified in the notice or within such further period as the Comptroller-General of Customs allows.

77LA(4)  


The Comptroller-General of Customs must not grant an application for the substitution of the description of a place not currently described in the licence, or for the alteration to the description of a place currently described in the licence, if, in his or her opinion:


(a) the physical security of the place whose description is to be substituted, or of the place that would have the altered description, as the case may be, would not be adequate having regard to:


(i) the nature of the place; or

(ii) the procedures and methods that would be adopted by the applicant to ensure the security of goods in the place if the variation were made; or


(b) the records that would be kept in relation to the place would not be suitable to enable an officer of Customs adequately to audit those records.

77LA(5)  


The Comptroller-General of Customs must not grant an application for the substitution of the description of a place not currently described in the licence if, in his or her opinion, the place would be too remote from the nearest place where officers of Customs regularly perform their functions for those officers to be able to conveniently check whether the Customs Acts are being complied with at the place.

77LA(6)  


The Comptroller-General of Customs must decide whether or not to grant the application within 60 days after:


(a) if paragraph (b) does not apply - the receipt of the application; or


(b) if the Comptroller-General of Customs requires further information relating to the application to be supplied by the applicant under subsection (3) and the applicant supplied the information in accordance with that subsection - the receipt of the information.

77LA(7)  


If the Comptroller-General of Customs has not made the decision whether or not to grant the application within the period applicable under subsection (6), the Comptroller-General of Customs is taken to have refused the application.

 

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