Customs Amendment (Export Controls and Other Measures) Act 2011 (63 of 2011)

Schedule 2   Strengthening of security measures at depots and warehouses

Part 2   Warehouse licences

Customs Act 1901

43   After section 82

Insert:

82A The CEO may impose additional conditions to which a warehouse licence is subject

(1) The CEO may, at any time after a warehouse licence is granted, impose additional conditions to which the licence is subject if the CEO considers the conditions to be necessary or desirable:

(a) for the protection of the revenue; or

(b) for the purpose of 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; or

(c) for any other purpose.

(2) If the CEO imposes conditions under subsection (1):

(a) the CEO must, by written notice to the holder of the warehouse licence, notify the holder of the conditions; and

(b) the conditions cannot take effect before:

(i) the end of 30 days after the giving of the notice; or

(ii) if the CEO considers that it is necessary for the conditions to take effect earlier - the end of a shorter period specified in the notice.

82B The CEO may vary the conditions to which a warehouse licence is subject

(1) The CEO may, by written notice to the holder of a warehouse licence, vary:

(a) the conditions specified in the warehouse licence under section 82; or

(b) the conditions imposed under section 82A to which the licence is subject.

(2) A variation under subsection (1) cannot take effect before:

(a) the end of 30 days after the giving of the notice under that subsection; or

(b) if the CEO considers that it is necessary for the variation to take effect earlier - the end of a shorter period specified in the notice given under that subsection.

(3) This section does not limit subsection 82(5).

82C Breach of conditions of a warehouse licence

(1) The holder of a warehouse licence must not breach a condition to which the licence is subject under section 82 or 82A (including a condition varied under subsection 82(5) or section 82B).

Penalty: 50 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.