Customs Amendment (Export Controls and Other Measures) Act 2011 (63 of 2011)

Schedule 2   Strengthening of security measures at depots and warehouses

Part 1   Depot licences

Customs Act 1901

7   Subsection 77Q(1)

Repeal the subsection, substitute:

Imposition of additional conditions

(1) The CEO may, at any time, impose additional conditions to which a depot 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.

(1A) If the CEO imposes conditions under subsection (1) when granting the depot licence, the CEO must specify the conditions in the licence.

(1B) If the CEO imposes conditions under subsection (1) after the depot licence has been granted:

(a) the CEO must, by written notice to the holder of the 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.

Variation of imposed conditions

Note: The heading to section 77Q is replaced by the heading “ The CEO may impose additional conditions to which a depot licence is subject ”.