Customs Act 1901

PART XI - AGENTS AND CUSTOMS BROKERS  

Division 4 - Suspension, revocation and non-renewal of licences  

SECTION 183CQ   INVESTIGATION OF MATTERS RELATING TO A BROKER ' S LICENCE  

183CQ(1)    

The Comptroller-General of Customs may give notice in accordance with this section 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 and, having been served with a notice under subsection 183CG(8) in relation to the non-compliance with that condition, the customs broker has not, within the time specified in the notice, complied with that condition; 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.

183CQ(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.

183CQ(3)    

Notice in accordance with this section to a customs broker shall be in writing and shall be served, either personally or by post, on the customs broker.

183CQ(4)    

A notice in accordance with this section to a customs broker shall state -

(a) the grounds on which the notice is given;

(b) that the person who gave the notice intends forthwith to refer to the Committee, for investigation and report to the Comptroller-General of Customs, the question whether the Comptroller-General of Customs should take action in relation to the licence under subsection 183CS(1) ;

(c) the powers that the Comptroller-General of Customs may exercise in relation to a licence under subsection 183CS(1) ; and

(d) the rights of the customs broker under sections 183J and 183S to take part in the proceedings before the Committee.

183CQ(5)    

If the Comptroller-General of Customs gives notice in accordance with this section to a customs broker, 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.

183CQ(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.

183CQ(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.