Customs Act 1901

PART V - WAREHOUSES  

SECTION 81   REQUIREMENTS FOR GRANT OF WAREHOUSE LICENCE  

81(1)    

The Comptroller-General of Customs shall not grant a warehouse licence if, in his or her opinion -

(a)    

where the applicant is a natural person - the applicant is not a fit and proper person to hold a warehouse licence; or

(b)    

where the applicant is a partnership - any of the partners is not a fit and proper person to be a member of a partnership holding a warehouse licence; or

(c)    

where the applicant is a company - any director, officer or shareholder of the company who would participate in the management or control of the warehouse is not a fit and proper person so to participate; or

(d)    

an employee of the applicant who would participate in the management or control of the warehouse is not a fit and proper person so to participate; or

(da)    

where the applicant is a company - the company is not a fit and proper company to hold a warehouse licence; or

(e)    

the physical security of the place in relation to which the licence is sought is not adequate having regard to -

(ia) the nature of the place;

(i) the kinds and quantity of goods that would be kept in that place if it were a warehouse; or

(ii) the procedures and methods that would be adopted by the applicant to ensure the security of goods in the place if it were a warehouse; or

(f)    

the plant and equipment that would be used in relation to goods in the place in relation to which the licence is sought if it were a warehouse are not suitable having regard to the nature of those goods and that place; or

(g)    

the books of account or records that would be kept in relation to the place in relation to which the licence is sought if it were a warehouse would not be suitable to enable an officer of Customs adequately to audit those books or records.

81(2)    

The Comptroller-General of Customs shall, in determining whether a person is a fit and proper person for the purposes of paragraph (1)(a) , (b) , (c) or (d) have regard to -

(a)    

any conviction of the person for an offence against this Act committed within the 10 years immediately preceding the making of the application; and

(b)    

any conviction of the person for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer, being an offence committed within the 10 years immediately preceding the making of the application; and

(c)    

whether the person is an undischarged bankrupt; and

(d)    

any misleading statement made under section 80 or 80A in relation to the application by or in relation to the person; and

(e)    where any statement by the person in the application was false - whether the person knew that the statement was false; and

(f)    

whether the 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 making of the application.

81(3)    

The Comptroller-General of Customs shall, in determining whether a company is a fit and proper company for the purposes of paragraph (1)(da) , have regard to -

(a)    

any conviction of the company of an offence against this Act committed within the 10 years immediately preceding the making of the application and at a time when a person who is a director, officer or shareholder of the company was a director, officer or shareholder of the company; or

(b)    

any conviction of the company of an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by a fine of 50 penalty units or more, being an offence committed within the 10 years immediately preceding the making of the application and at a time when a person who is a director, officer or shareholder of the company was a director, officer or shareholder of the company; or

(c)    

whether a receiver of the property, or part of the property, of the company has been appointed; or

(ca)    

whether the company is under administration within the meaning of the Corporations Act 2001 ; or

(cb)    

whether the company has executed under Part 5.3A of that Act a deed of company arrangement that has not yet terminated; or

(d)    

whether the company is under restructuring within the meaning of that Act; or

(da)    

whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan that has not yet terminated; or

(e)    whether the company is being wound up.