Customs Act 1901

PART V - WAREHOUSES  

SECTION 87   CANCELLATION OF WAREHOUSE LICENCES  

87(1)    

The Comptroller-General of Customs may cancel a warehouse licence if:

(a)    

the Comptroller-General is satisfied in relation to the licence as to any of the matters mentioned in paragraphs 86(1)(a) to (i) ; or

(b)    

the Comptroller-General is satisfied on any other grounds that cancellation of the licence is necessary for the protection of the revenue or for the purpose of 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.

87(1A)    

The Comptroller-General of Customs may cancel a warehouse licence if:

(a)    the Comptroller-General receives a written request from the holder of the licence that the licence be cancelled on and after a specified day; or

(b)    the holder of the licence has applied for the Comptroller-General to vary the licence as mentioned in paragraph 81B(1)(a) and the effect of doing so would be that no place is covered by the licence.

87(2)    

The Comptroller-General of Customs must, under this section, cancel a warehouse licence by notice in writing:

(a)    given to the holder of the licence; and

(b)    

setting out the reasons for the cancellation.

Note:

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

87(3)    
(Omitted by No 72 of 1984.)

87(4)    

Subject to subsection (5) , if under this section the Comptroller-General of Customs cancels a warehouse licence and goods remain in a place that was a warehouse covered by the licence (a former warehouse ), the Comptroller-General must publish a notice, by any means the Comptroller-General considers appropriate, informing owners of goods in the former warehouse:

(a)    

that they are required, within a time specified in the notice or any further time allowed by the Comptroller-General, to:

(i) pay to the Collector duty payable in respect of their goods in the former warehouse; or

(ii) remove their goods in the former warehouse to another place in accordance with permission obtained from the Collector; and

(b)    that, if they do not comply with the requirements of the notice, their goods in the former warehouse will be sold.

87(5)    

If the Comptroller-General of Customs is satisfied that all the goods in a former warehouse are the property of the person who held the licence, the Comptroller-General is not required to publish a notice under subsection (4) in relation to the former warehouse. Instead, the Comptroller-General must give a notice to the person informing the person:

(a)    that the person is required, within a time specified in the notice or any further time allowed by the Comptroller-General, to:

(i) pay to the Collector duty payable in respect of the person ' s goods in the former warehouse; or

(ii) remove the person ' s goods in the former warehouse to another place in accordance with permission obtained from the Collector; and

(b)    that, if the person does not comply with the requirements of the notice, the person ' s goods in the former warehouse will be sold.

Note 1:

The Comptroller-General of Customs will still need to publish the notice as required by subsection (4) in relation to a former warehouse in respect of which the Comptroller-General is not so satisfied.

Note 2:

See section 102AA for the ways in which the notice may be given to the person.

87(6)    

Where the owner of goods to which a notice under subsection (4) or (5) applies fails to comply with the requirements of the notice within the time specified in the notice or any further time allowed by the Comptroller-General of Customs, the goods may be sold by a Collector.

87(7)    
(Repealed by No 79 of 2024)

87(8)    
(Repealed by No 79 of 2024)