Commonwealth Consolidated Acts

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CUSTOMS ACT 1901 - SECT 183CF

Variation of licences

Places

  (1)   Subject to subsection   (3), the Comptroller - General of Customs must, upon application by a customs broker:

  (a)   vary the licence so that a place is specified, or ceases to be specified, in the licence as a place at which the holder of the licence may act as a customs broker; or

  (b)   refuse, in writing, to vary the licence.

Nominees

  (2)   Subject to subsection   (3), the Comptroller - General of Customs must, upon application by a customs broker:

  (a)   vary the licence so that a person is specified, or ceases to be specified, in the licence as a nominee of the customs broker; or

  (b)   refuse, in writing, to vary the licence.

Kind of application

  (2A)   An application under subsection   (1) or (2) may be made by document or electronically.

  (2B)   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.

  (2C)   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.

Limitations

  (3)   The Comptroller - General of Customs must not vary the licence so that the licence ceases to comply with subsection   183C(2).

  (4)   A person must not be specified under subsection   (2) as a nominee of a customs broker unless he or she has consented, in writing, to the specification.

Notification of decisions

  (5)   If the Comptroller - General of Customs varies the licence, 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.

  (6)   If the Comptroller - General of Customs refuses to vary the licence, 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   183UAA for the ways in which the notice may be given to the holder of the licence.



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