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Section 81 Customs Act 1901
Requirements for Grant of Warehouse Licence

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Section 81 of the Customs Act 1901 (Cth) deals with Requirements for Grant of Warehouse Licence and is extracted below.

Our exceptional criminal lawyers are vastly experienced and highly successful in defending Customs Act cases.

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The Legislation

81 Requirements for grant of warehouse licence

(1) The CEO 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 the Customs adequately to audit those books or records.

(2) The CEO 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;
(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;
(c) whether the person is an undischarged bankrupt;
(d) any misleading statement made in 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.

(3) The CEO 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
(e) whether the company is being wound up.

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Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

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  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

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    We have the best and most comprehensive client review record of any law firm in Australia.

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    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

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    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

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  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

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    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

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  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

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    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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