Customs Act 1901

PART IV - THE IMPORTATION OF GOODS  

Division 3 - The Report of the Cargo  

Subdivision C - The registration, rights and obligations of special reporters  

SECTION 67EM   CANCELLATION OF REGISTRATION AS SPECIAL REPORTER  

67EM(1)    

The Comptroller-General of Customs may, at any time, give to a special reporter a notice of intention to cancel the special reporter ' s registration if the Comptroller-General of Customs is satisfied that:

(a) (repealed)

(b) if the special reporter were not a special reporter but were an applicant for registration - circumstances have arisen whereby paragraph 67EB(1)(e) applies in relation to the reporter; or

(c) the special reporter has breached any condition to which the registration as a special reporter is subject in accordance with section 67EE , 67EF , 67EG or 67EH ; or

(d) if the special reporter is registered as such in relation to low value cargo consigned from a particular mail-order house:

(i) there is no longer a house agreement in force between the special reporter and that house; or

(ii) the terms of such an agreement have been breached.

67EM(2)    
For the purposes of paragraph (1)(b), the expression 10 years immediately before the decision in subsections 67EB(3) and (4) is to be taken to be 10 years immediately before the notice.

67EM(3)    
The notice of intention to cancel registration must:

(a) specify the ground or grounds for the intended cancellation; and

(b) invite the special reporter to provide a written statement to the Comptroller-General of Customs within 30 days after the notice is given (the submission period ) explaining why the registration should not be cancelled; and

(c) state that the Comptroller-General of Customs may decide to cancel the registration at any time within the 14 days following the end of the submission period, if the grounds or at least one of the grounds exists at that time.

67EM(4)    

At any time within the 14 days referred to in paragraph (3)(c), the Comptroller-General of Customs may, by notice in writing, decide to cancel the registration of the special reporter generally in relation to low value cargo of all kinds or of a particular kind, as the Comptroller-General of Customs considers appropriate, if, having regard to any statements made by the special reporter in response to the notice, the Comptroller-General of Customs is satisfied that at least one of the grounds specified in the notice exists at the time of the decision.

67EM(5)    

If the Comptroller-General of Customs decides to cancel the registration within the 14 days, the registration is cancelled:

(a) if paragraph (b) does not apply - 28 days after the decision of the Comptroller-General of Customs; or

(b) if the special reporter applies to the Administrative Appeals Tribunal for a review of the decision of the Comptroller-General of Customs - when the Tribunal affirms the decision of the Comptroller-General of Customs.

67EM(6)    

The Comptroller-General of Customs must, by notice in writing, cancel a registration if the Comptroller-General of Customs receives a written request by the special reporter that the registration be cancelled on or after a specified day indicated in the request letter.

67EM(7)    
A notice under subsection (1), (4) or (6) may be served:

(a) by post at the address indicated by the special reporter in the application for registration or renewal or at an address subsequently indicated by the special reporter; or

(b) if the special reporter is a company - by post at the registered office of the company; or

(c) by giving it personally to the special reporter, if the special reporter is a natural person.

67EM(8)    
Failure to send a notice to a special reporter under subsection (6) does not affect the cancellation of the registration.

67EM(9)    

(Repealed by No 95 of 2001)