Excise and Customs Legislation Amendment (Streamlining Administration) Act 2024 (51 of 2024)

Schedule 1   Streamlining administration

Part 1   Warehouse and excise licensing

Division 1   Main amendments

Excise Act 1901

104   After Division 3 of Part IV

Insert:

Division 3A - Variation of licences to include additional premises

39FA Application for variation

(1) The holder of:

(a) a storage licence; or

(b) a manufacturer licence that does not authorise the manufacture of tobacco goods;

may apply to the Collector to vary the licence to cover additional premises.

(2) The application must:

(a) be in a form (if any) approved by the CEO; and

(b) set out the name and address of the licence holder; and

(c) identify the licence to be varied; and

(d) for each additional premises that is covered by one or more other licences held by the licence holder - identify the other licences; and

(e) for each additional premises that is not covered by another licence held by the licence holder:

(i) set out the name and address of each person whom the Collector is required to consider for the purposes of paragraph 39A(2A)(a); and

(ii) contain a description of the premises; and

(iii) set out such particulars of the matters that the Collector is required to consider in relation to premises for the purposes of sections 39A, 39B and 39C as will enable the Collector adequately to consider those matters; and

(f) contain such other information as is prescribed.

39FB Variation of licence

(1) The Collector may, on application by the licence holder under section 39FA, by written notice, vary a licence to cover additional premises.

(2) If:

(a) a licence (the first licence ) covers particular premises; and

(b) the Collector varies another licence held by the same licence holder to cover the premises;

the Collector must, by written notice given to the licence holder:

(c) unless paragraph (d) applies - vary the first licence to no longer cover the premises; or

(d) if the effect of varying the first licence as mentioned in paragraph (c) would be that no premises are covered by the licence - cancel the first licence.