Customs Act 1901

PART V - WAREHOUSES  

SECTION 82   CONDITIONS OF A WAREHOUSE LICENCE - GENERAL  

82(1)    

A warehouse licence is subject to the condition that, if -

(a)    

a person not described in the application for the licence as participating in the management or control of a warehouse covered by the licence commences so to participate; or

(aa)    

a person described in the application for the licence as participating in the management or control of a warehouse covered by the licence ceases to do so; or

(b)    

in the case of a licence held by a partnership - there is a change in the membership of the partnership; or

(ba)    

in the case of a licence held by a company - any of the following events occurs:

(i) the company is convicted of an offence of a kind referred to in paragraph 81(3)(a) or (b) ;

(ii) a receiver of the property, or part of the property, of the company is appointed;

(iii) an administrator of the company is appointed under section 436A , 436B or 436C of the Corporations Act 2001 ;

(iv) the company executes a deed of company arrangement under Part 5.3A of that Act;

(iva) a small business restructuring practitioner for the company is appointed under section 453B of that Act;

(ivb) the company makes a restructuring plan under Division 3 of Part 5.3B of that Act;

(v) the company begins to be wound up; or

(c)    

a person who participates in the management or control of, or in the operations carried out at, a warehouse covered by the licence, the holder of the licence or, in the case of a licence held by a partnership, a member of the partnership:

(i) is convicted of an offence referred to in paragraph 81(2)(a) or (b) ; or

(ii) becomes bankrupt; or

(iii) has been refused a transport security identification card, or has had such a card suspended or cancelled, within the applicable period referred to in paragraph 86(1A)(d) ;

(d) (d) - (f) (Repealed by No 79 of 2024)

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.

82(1A)    

A warehouse licence is subject to the condition that the holder of the licence must not cause or permit a substantial change to be made:

(a)    

to a matter affecting the physical security of a warehouse covered by the licence; or

(b)    

to plant or equipment used in relation to goods in a warehouse covered by the licence; or

(c)    

to the keeping of accounts or records in relation to a warehouse covered by the licence; or

(d)    

to the holder ' s operating procedures or processes that apply at a warehouse covered by the licence in relation to goods at the warehouse;

unless the holder has given to the Comptroller-General of Customs 30 days ' notice of the proposed change.

82(2)    

A warehouse licence is subject to the condition that no tobacco products will be warehoused in a warehouse covered by the licence.

82(3)    

A warehouse licence is subject to such other conditions (if any) as are specified in the licence that the Comptroller-General of Customs considers to be necessary or desirable:

(a)    for the protection of the revenue; or

(b)    for ensuring compliance with the Customs Acts, any other law of the Commonwealth prescribed by the regulations or a law of a State or Territory prescribed by the regulations; or

(c)    for any other purpose.

82(4)    
The conditions specified in a warehouse licence may include -

(a)    

conditions specifying the persons or classes of persons whose goods may be warehoused in any one or more of the warehouses covered by the licence; and

(b)    

conditions limiting the operations that may be performed upon, or in relation to, goods in any one or more of the warehouses covered by the licence.

82(5)    

The Comptroller-General of Customs must, in writing and upon application by the holder of a warehouse licence for a variation of the conditions to which the licence is subject:

(a)    vary those conditions; or

(b)    refuse to vary those conditions.

82(6)    

Subsection (5) does not limit section 82B .

Kind of application

82(7)    

An application under subsection (5) may be made by document or electronically.

82(8)    

A documentary 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 accompanied by any documents required by the form; and

(e)    be signed in the manner indicated in the form.

82(9)    

An electronic application must:

(a)    communicate such information as is set out in an approved statement; and

(b)    be accompanied by any documents required by the approved statement.

Notification of decisions

82(10)    

If the Comptroller-General of Customs, under subsection (5) , varies the conditions to which the licence is subject, the Comptroller-General must give the holder of the licence a copy of the variation. The variation takes effect at the time the copy is given.

82(11)    

If the Comptroller-General of Customs, under subsection (5) , refuses to vary the conditions to which the licence is subject, the Comptroller-General must give the holder of the licence written notice of the refusal and of the reasons for the refusal.

Note:

See section 102AA for the ways in which the notice may be given to the holder of the licence.