Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Act 2013 (52 of 2013)

Schedule 1   Amendment of the Customs Act 1901

Part 6   Other amendments

Division 1   Amendments

132   After section 183CG

Insert:

183CGA The CEO may impose additional conditions to which a broker's licence is subject

(1) The CEO may, at any time, 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; 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 broker's 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.

183CGB The CEO may vary the conditions to which a broker's licence is subject

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

(a) the conditions specified in the broker's licence under section 183CG; or

(b) the conditions imposed under section 183CGA 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 183CG(7).

183CGC Breach of conditions of a broker's licence

(1) The holder of a broker's licence must not breach a condition to which the licence is subject under section 183CG or 183CGA (including a condition varied under subsection 183CG(7) or section 183CGB).

Penalty: 60 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.