Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A broker's licence is subject to the condition that if:
(a) the holder of the licence is convicted of a prescribed offence; or
(b) in the case of a licence held by a natural person--the holder of the licence:
(i) becomes bankrupt; or
(ii) has been refused a transport security identification card, or has had such a card suspended or cancelled, after the licence was granted or last renewed, or within the 10 years immediately preceding that grant or renewal; or
(c) in the case of a licence held by a company:
(i) a receiver of the property, or part of the property, of the company is appointed; or
(ii) an administrator of the company is appointed under section 436A, 436B or 436C of the Corporations Act 2001 ; or
(iii) the company executes a deed of company arrangement under Part 5.3A of that Act; or
(iiia) a small business restructuring practitioner for the company is appointed under section 453B of that Act; or
(iiib) the company makes a restructuring plan under Division 3 of Part 5.3B of that Act; or
(iv) the company begins to be wound up;
the holder of the licence shall, within 30 days after the occurrence of the event referred to in paragraph (a), (b) or (c), give the Comptroller - General of Customs particulars in writing of that event.
(2) A broker's licence held by a natural person is subject to the condition that the holder of the licence shall not act as a customs broker in his or her own right at any time at which he or she is a nominee of a customs broker.
(3) A broker's licence held by a customs broker is subject to the condition that if:
(a) a person not described in the application for the licence as participating in the work of the customs broker commences so to participate; or
(b) a nominee of the customs broker dies or ceases to act as nominee of the customs broker; or
(c) a person who participates in the work of the customs broker:
(i) is convicted of a prescribed offence; or
(ii) becomes bankrupt; or
(iii) has been refused a transport security identification card, or has had such a card suspended or cancelled, after the licence was granted or last renewed, or within the 10 years immediately preceding that grant or renewal; or
(d) in the case of a licence held by a partnership:
(i) a member of the partnership is convicted of a prescribed offence or becomes bankrupt; or
(ia) a member of the partnership has been refused a transport security identification card, or has had such a card suspended or cancelled, after the licence was granted or last renewed, or within the 10 years immediately preceding that grant or renewal; or
(ii) there is a change in the membership of the partnership;
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.
(4) A broker's licence held by a customs broker is subject to the condition that the broker shall do all things necessary to ensure that:
(a) all persons who participate in the work of the customs broker are fit and proper persons; and
(aa) in the case of a licence held by a company--all directors of the company are fit and proper persons; and
(b) in the case of a licence held by a partnership--all members of the partnership are fit and proper persons.
(5) A broker's licence is subject to such other conditions (if any) as are prescribed.
(6) A broker's licence is subject to such other conditions (if any) as are specified in the licence, being conditions considered by the Comptroller - General of Customs to be necessary or desirable:
(a) for the protection of the revenue; or
(b) for the purpose of ensuring compliance with the Customs Acts; or
(c) for any other purpose.
(7) The Comptroller - General of Customs must, in writing and upon application by the holder of a broker's licence for a variation of the conditions to which the licence is subject:
(a) vary those conditions; or
(b) refuse to vary those conditions.
(7A) Subsection (7) does not limit section 183CGB.
Kind of application
(7B) An application under subsection (7) may be made by document or electronically.
(7C) 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.
(7D) 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
(7E) If the Comptroller - General of Customs, under subsection (7), 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.
(7F) If the Comptroller - General of Customs, under subsection (7), 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 183UAA for the ways in which the notice may be given to the holder of the licence.