Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Comptroller - General of Customs may give notice to a customs broker if the Comptroller - General of Customs has reasonable grounds to believe that:
(a) the customs broker has been convicted of a prescribed offence; or
(b) the customs broker, being a natural person, is an undischarged bankrupt; or
(ba) the customs broker, being a natural person, has been refused a transport security identification card, or has had such a card suspended or cancelled, within the 10 years immediately preceding the giving of the notice; or
(c) the customs broker, being a company, is in liquidation; or
(d) the customs broker has ceased to perform the duties of a customs broker in a satisfactory and responsible manner; or
(e) the customs broker is guilty of conduct that is an abuse of the rights and privileges arising from his or her licence; or
(f) a customs broker licence charge payable in respect of the licence remains unpaid more than 28 days after the day the charge was due to be paid; or
(g) the customs broker made a false or misleading statement in the application for the licence; or
(h) the customs broker has not complied with a condition imposed on the grant or renewal of the licence; or
(j) the customs broker has not, within the time specified in a notice under section 183CP, complied with that notice;
or it otherwise appears to the Comptroller - General of Customs to be necessary for the protection of the revenue or otherwise in the public interest to give the notice.
Note: See section 183UAA for the ways in which the notice may be given to the customs broker.
(2) Without limiting the generality of paragraph (1)(d), a customs broker shall be taken, for the purposes of that paragraph, to have ceased to perform the duties of a customs broker in a satisfactory and responsible manner if the documents prepared by the customs broker for the purposes of this Act contain errors that are unreasonable having regard to the nature or frequency of those errors.
Notice where no referral to Committee
(4) If the Comptroller - General of Customs gives a customs broker a notice under this section because of paragraph (1)(a), (c) or (f), the notice must:
(a) state the grounds on which the notice is given; and
(b) state the things the Comptroller - General may do in relation to the broker's licence under subsection 183CS(1); and
(c) invite the broker to make a written submission to the Comptroller - General in relation to the matter within the period specified in the notice (which must be at least 14 days after the day the notice is given).
Notice where referral to Committee
(4A) If the Comptroller - General of Customs gives a customs broker a notice under this section and subsection (4) does not apply, the notice must:
(a) state the grounds on which the notice is given; and
(b) state that the Comptroller - General is going to refer to the Committee, for investigation and report to the Comptroller - General, the question whether the Comptroller - General should take action in relation to the broker's licence under subsection 183CS(1); and
(c) state the things the Comptroller - General may do in relation to that licence under subsection 183CS(1); and
(d) state the rights of the customs broker under sections 183J and 183S to take part in the proceedings before the Committee.
(5) If the Comptroller - General of Customs gives a notice under this section to a customs broker where subsection (4A) applies, the Comptroller - General of Customs must refer the question whether the Comptroller - General of Customs should take action in relation to the licence under subsection 183CS(1) to the Committee, for investigation and report to the Comptroller - General of Customs.
(6) Where the Comptroller - General of Customs refers a question to the Committee under subsection (5), the Comptroller - General of Customs shall give particulars to the Committee of all the information in his or her possession that is relevant to the question so referred.
(7) Where a question is referred to the Committee under subsection (5), the Committee shall, as soon as practicable, conduct an investigation and make a report on the question to the Comptroller - General of Customs.