Customs Amendment (Export Controls and Other Measures) Act 2011 (63 of 2011)
Schedule 2 Strengthening of security measures at depots and warehouses
Part 2 Warehouse licences
Customs Act 1901
43 After section 82
Insert:
82A The CEO may impose additional conditions to which a warehouse licence is subject
(1) The CEO may, at any time after a warehouse licence is granted, impose additional conditions to which the licence is subject if the CEO considers the conditions to be necessary or desirable:
(a) for the protection of the revenue; or
(b) for the purpose of ensuring compliance with the Customs Acts, any other law of the Commonwealth prescribed by the regulations or a law of a State or Territory prescribed by the regulations; or
(c) for any other purpose.
(2) If the CEO imposes conditions under subsection (1):
(a) the CEO must, by written notice to the holder of the warehouse licence, notify the holder of the conditions; and
(b) the conditions cannot take effect before:
(i) the end of 30 days after the giving of the notice; or
(ii) if the CEO considers that it is necessary for the conditions to take effect earlier - the end of a shorter period specified in the notice.
82B The CEO may vary the conditions to which a warehouse licence is subject
(1) The CEO may, by written notice to the holder of a warehouse licence, vary:
(a) the conditions specified in the warehouse licence under section 82; or
(b) the conditions imposed under section 82A to which the licence is subject.
(2) A variation under subsection (1) cannot take effect before:
(a) the end of 30 days after the giving of the notice under that subsection; or
(b) if the CEO considers that it is necessary for the variation to take effect earlier - the end of a shorter period specified in the notice given under that subsection.
(3) This section does not limit subsection 82(5).
82C Breach of conditions of a warehouse licence
(1) The holder of a warehouse licence must not breach a condition to which the licence is subject under section 82 or 82A (including a condition varied under subsection 82(5) or section 82B).
Penalty: 50 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.