Customs Act 1901

PART V - WAREHOUSES  

SECTION 81   REQUIREMENTS FOR GRANT OF WAREHOUSE LICENCE  

81(1)    

The Comptroller-General of Customs must not grant a warehouse licence if, in the Comptroller-General ' s opinion -

(a)    

where the applicant is a natural person - the applicant is not a fit and proper person to hold a warehouse licence; or

(b)    

where the applicant is a partnership - any of the partners is not a fit and proper person to be a member of a partnership holding a warehouse licence; or

(c) (Repealed by No 51 of 2024)

(d) (Repealed by No 51 of 2024)

(da)    

where the applicant is a company:

(i) the company is not a fit and proper company to hold a warehouse licence; or

(ii) any of the directors of the company is not a fit and proper person to be a director of a company holding a warehouse licence.

(e) - (g) (Repealed by No 51 of 2024)

81(1A)    

The Comptroller-General must not grant a warehouse licence that covers a particular place if, in the Comptroller-General ' s opinion:

(a)    

if the applicant is a natural person:

(i) the applicant would not be in a position to occupy and control the place if the licence were granted; or

(ii) a person who would participate in the management or control of, or in the operations carried out at, the place (whether or not the person would be present at the place) is not a fit and proper person to so participate; or

(b)    

if the applicant is a partnership:

(i) none of the partners in the partnership would be in a position to occupy and control the place if the licence were granted; or

(ii) a person who would participate in the management or control of, or in the operations carried out at, the place (whether or not the person would be present at the place) is not a fit and proper person to so participate; or

(ba)    

if the applicant is a company:

(i) the company would not be in a position to occupy and control the place if the licence were granted; or

(ii) a person who would participate in the management or control of, or in the operations carried out at, the place (whether or not the person would be present at the place) is not a fit and proper person to so participate; or

(c)    in any case - the physical security of the place is not adequate having regard to:

(i) the nature of the place; or

(ii) the kinds and quantity of goods that would be kept in the place; or

(iii) the procedures and methods that would be adopted by the applicant to ensure the security of goods in the place; or

(d)    in any case - the plant and equipment that would be used in relation to goods at the place are not suitable having regard to the nature of those goods and that place; or

(e)    in any case - the books of account or records that would be kept in relation to the place would not be suitable to enable an officer of Customs to adequately audit those books or records; or

(f)    

it is inappropriate in all the circumstances to grant the licence covering the place, having regard to the matters covered by subsection (3A) .

81(2)    

The Comptroller-General of Customs must, in determining whether a person is a fit and proper person for the purposes of paragraph (1)(a) or (b) or subparagraph (1)(da)(ii) or (1A)(a)(ii) , (b)(ii) or (ba)(ii) have regard to -

(a)    

any conviction of the person for an offence against this Act committed within the 10 years immediately preceding the making of the application; and

(b)    

any conviction of the person for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer, being an offence committed within the 10 years immediately preceding the making of the application; and

(c)    

whether the person is an undischarged bankrupt; and

(d)    

any misleading statement made under section 80 or 80A in relation to the application by or in relation to the person; and

(e)    where any statement by the person in the application was false - whether the person knew that the statement was false; and

(f)    

whether the 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 making of the application.

81(3)    

The Comptroller-General of Customs must, in determining whether a company is a fit and proper company for the purposes of subparagraph (1)(da)(i) , have regard to -

(a)    

any conviction of the company of an offence against this Act committed within the 10 years immediately preceding the making of the application and at a time when a person who is a director, officer or shareholder of the company was a director, officer or shareholder of the company; or

(b)    

any conviction of the company of an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by a fine of 50 penalty units or more, being an offence committed within the 10 years immediately preceding the making of the application and at a time when a person who is a director, officer or shareholder of the company was a director, officer or shareholder of the company; or

(c)    

whether a receiver of the property, or part of the property, of the company has been appointed; or

(ca)    

whether the company is under administration within the meaning of the Corporations Act 2001 ; or

(cb)    

whether the company has executed under Part 5.3A of that Act a deed of company arrangement that has not yet terminated; or

(d)    

whether the company is under restructuring within the meaning of that Act; or

(da)    

whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan that has not yet terminated; or

(e)    whether the company is being wound up.

81(3A)    

For the purposes of paragraph (1A)(f) , the matters covered by this subsection are the following:

(a)    if the applicant is a natural person - the experience of the following in operations that would be performed upon, or in relation to, goods at the place:

(i) the applicant;

(ii) each person, known to the Comptroller-General of Customs, who would participate in the management or control of, or in the operations carried out at, the place (whether or not the person would be present at the place);

(b)    if the applicant is a partnership - the experience of the following in operations that would be performed upon, or in relation to, goods at the place:

(i) each partner in the partnership;

(ii) each person, known to the Comptroller-General of Customs, who would participate in the management or control of, or in the operations carried out at, the place (whether or not the person would be present at the place);

(c)    if the applicant is a company - the experience of the following in operations that would be performed upon, or in relation to, goods at the place:

(i) the company;

(ii) each director of the company;

(iii) each person, known to the Comptroller-General of Customs, who would participate in the management or control of, or in the operations carried out at, the place (whether or not the person would be present at the place);

(d)    in any case - the applicant ' s operating procedures and processes that would apply at the place in relation to goods at that place.

81(4)    

Subject to subsections (1) and (1A) of this section and subsection 79(2) , if an application is made for a warehouse licence that would cover more than one place, the Comptroller-General of Customs may decide:

(a)    to grant a warehouse licence that covers any or all of the places; or

(b)    to refuse the application in its entirety.