Customs Act 1901

PART V - WAREHOUSES  

SECTION 83   DURATION OF WAREHOUSE LICENCE  

83(1)    

A warehouse licence comes into force on the date on which the licence is granted, unless the Comptroller-General specifies a different date in a written notice given to the applicant, in which case the licence comes into force on the specified date.

83(1A)    

A warehouse licence that is not an excise-equivalent warehouse licence remains in force until the cancellation or expiry of the licence, whichever occurs first.

83(1B)    

For the purposes of subsection (1A) , a licence expires at the end of:

(a)    unless paragraph (b) of this subsection applies - the next 30 June following the grant of the licence; or

(b)    

if the licence is renewed one or more times under section 84 - subject to that section, the last day of the 12 month-period beginning on the 1 July following the most recent renewal.

83(1C)    

An excise-equivalent warehouse licence remains in force until the licence is cancelled.

83(2)    
Notwithstanding that a warehouse licence has not been renewed, a Collector may -

(a)    

permit goods to be placed in the former warehouse; and

(b)    

permit the removal of goods from the former warehouse, including the removal of goods to a warehouse; and

(c)    

by notice in writing to the last holder of the licence, require him or her to remove all or specified goods in the former warehouse to a warehouse approved by the Collector; and

(d)    

take such control of the former warehouse or all or any goods in the former warehouse as may be necessary for the protection of the revenue or for 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; and

(e)    

by notice in writing to the last holder of the licence, require him or her to pay to the Commonwealth in respect of the services of officers required as the result of the licence not having been renewed (including services relating to the supervision of activities in relation to the former warehouse permitted by a Collector, the stocktaking of goods in the former warehouse or the reconciliation of records relating to such goods) such fee as the Comptroller-General of Customs determines having regard to the cost of the services; and

(f)    where the last holder of the licence fails to comply with a requirement under paragraph (c) in relation to goods, remove the goods from the former warehouse to a warehouse; and

(g)    

where goods have been removed in accordance with paragraph (f) , by notice in writing to the last holder of the licence, require him or her to pay to the Commonwealth in respect of the cost of the removal such fee as the Comptroller-General of Customs determines having regard to that cost.

Note:

See section 102AA for the ways in which the notice may be given to the last holder of the licence.

83(3)    

Subject to subsection (4) , if a warehouse licence has not been renewed and goods remain in the former warehouse, the Comptroller-General of Customs must publish a notice, by any means the Comptroller-General considers appropriate, informing owners of goods in the former warehouse:

(a)    

that they are required, within a time specified in the notice or any further time allowed by the Comptroller-General, to:

(i) pay to the Collector duty payable in respect of their goods in the former warehouse; or

(ii) remove their goods in the former warehouse to another place in accordance with permission obtained from the Collector; and

(b)    that, if they do not comply with the requirements of the notice, their goods in that former warehouse will be sold.

83(4)    

If the Comptroller-General of Customs is satisfied that all the goods in the former warehouse are the property of the person who held the licence, the Comptroller-General is not required to publish a notice under subsection (3) in relation to the former warehouse. Instead, the Comptroller-General must give a notice to the person informing the person:

(a)    that the person is required, within a time specified in the notice or any further time allowed by the Comptroller-General, to:

(i) pay to the Collector duty payable in respect of the person ' s goods in the former warehouse; or

(ii) remove the person ' s goods in the former warehouse to another place in accordance with permission obtained from the Collector; and

(b)    that, if the person does not comply with the requirements of the notice, the person ' s goods in the former warehouse will be sold.

Note:

See section 102AA for the ways in which the notice may be given to the person.

83(5)    

Where the owner of goods to which a notice under subsection (3) or (4) applies fails to comply with the requirements of the notice within the time specified in the notice or any further time allowed by the Comptroller-General of Customs, the goods may be sold by a Collector.

83(6)    
If an amount that the last holder of a licence is required to pay in accordance with a notice under paragraph (2)(e) or (g) is not paid, that amount may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.