Section 82 Customs Act 1901 | Conditions of Warehouse Licences


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The Legislation

Section 82 of the Customs Act 1901 (Cth) deals with Conditions of Warehouse Licences and is extracted below.

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82 Conditions of warehouse licences

(1) A warehouse licence is subject to the condition that, if:

(a) a person not described in the application for the licence as participating in the management or control of the warehouse commences so to participate;
(b) in the case of a licence held by a partnership—there is a change in the membership of the partnership;
(ba) in the case of a licence held by a company—any of the following events occurs:

(i) the company is convicted of an offence of a kind referred to in paragraph 81(3)(a) or (b);
(ii) a receiver of the property, or part of the property, of the company is appointed;
(iii) an administrator of the company is appointed under section 436A, 436B or 436C of the Corporations Act 2001;
(iv) the company executes a deed of company arrangement under Part 5.3A of that Act;
(v) the company begins to be wound up;

(c) a person who participates in the management or control of the warehouse, the holder of the licence or, in the case of a licence held by a partnership, a member of the partnership, is convicted of an offence referred to in paragraph 81(2)(a) or (b) or becomes bankrupt;
(d) there is a substantial change in a matter affecting the physical security of the warehouse;
(e) there is a substantial change in plant or equipment used in relation to goods in the warehouse; or
(f) there is a substantial change in the keeping of accounts or records kept in relation to the warehouse;
the holder of the licence shall, within 30 days after the occurrence of the event, change, conviction, bankruptcy or appointment, as the case requires, give the CEO particulars in writing of that event, change, conviction, bankruptcy or appointment, as the case requires.

(3) A warehouse licence is subject to such other conditions (if any) as are specified in the licence that the CEO considers to be necessary or desirable:

(a) for the protection of the revenue; or
(b) 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; or
(c) for any other purpose.

(4) The conditions specified in a warehouse licence may include:

(a) conditions specifying the persons or classes of persons whose goods may be warehoused in the warehouse; and
(b) conditions limiting the operations that may be performed upon, or in relation to, goods in the warehouse.

(5) The CEO may, upon application by the holder of a warehouse licence and production of the licence, vary the conditions specified in the licence by making an alteration to, or an endorsement on, the licence.

(6) Subsection (5) does not limit section 82B.