Customs and Other Legislation Amendment (Australian Border Force) Act 2015 (41 of 2015)

Schedule 1   Amendments of Customs Act

Part 2   Saving and transitional provisions

913   Warehouse licences

(1) A licence in force under Part V of the Customs Act 1901 immediately before the commencement of this item (including one varied under section 81B of that Act) continues in force on and after that commencement as if it had been granted by the Comptroller-General of Customs.

(2) Any conditions of such a licence continue in force on and after that commencement. For this purpose, the condition set out in subsection 82(1) of the Customs Act 1901, as amended by this Schedule, applies in relation to such a licence.

(3) Subitem (1) is taken to apply to a licence that was suspended immediately before the commencement of this item. This subitem does not affect the period of suspension of the licence.

(4) An application for a licence under Part V of the Customs Act 1901 that was made to the Chief Executive Officer of Customs before the commencement of this item and that had not been decided before that commencement is taken on and after that commencement to have been an application made to the Comptroller-General of Customs.

(5) A notice given under subsection 80A(1) of the Customs Act 1901 before the commencement of this item (including one modified under subsection 80A(2) of that Act) is taken on and after that commencement to have been a notice given under subsection 80A(1) of that Act as amended by this Schedule.

(6) An application under section 81B or subsection 82(5) or 84(1) of the Customs Act 1901 that was made to the Chief Executive Officer of Customs before the commencement of this item and that had not been decided before that commencement is taken on and after that commencement to have been an application made to the Comptroller-General of Customs under that section or subsection as amended by this Schedule.

(7) A notice given under subsection 81B(3), 86(1) or 87(4) of the Customs Act 1901 before the commencement of this item is taken on and after that commencement to have been a notice given under that subsection as amended by this Schedule.

(8) If a notice was given by the Chief Executive Officer of Customs under paragraph 82A(2)(a) of the Customs Act 1901 before the commencement of this item and the conditions in the notice had not taken effect before that commencement, then on and after that commencement the notice is taken to have been given by the Comptroller-General of Customs under that paragraph as amended by this Schedule.

(9) If a notice was given by the Chief Executive Officer of Customs under subsection 82B(1) of the Customs Act 1901 before the commencement of this item and the variation had not taken effect before that commencement, then on and after that commencement the notice is taken to have been given by the Comptroller-General of Customs under that subsection as amended by this Schedule.

(10) A requirement made under subsection 83(2) or 86(7) of the Customs Act 1901 before the commencement of this item is taken on and after that commencement to have been a requirement made under that subsection as amended by this Schedule.

(11) A notice given under section 87 of the Customs Act 1901 before the commencement of this item cancelling a warehouse licence is taken on and after that commencement to have been a notice given under that section as amended by this Schedule.

(12) A request made under subsection 87(1A) or (7) of the Customs Act 1901 before the commencement of this item is taken on and after that commencement to have been a request made under that subsection as amended by this Schedule.

(13) Further time allowed by the Chief Executive Officer of Customs under subsection 87(6) of the Customs Act 1901 before the commencement of this item is taken on and after that commencement to have been further time allowed by the Comptroller-General of Customs under that subsection as amended by this Schedule.