Section 81 Customs Act 1901 | Requirements for Grant of Warehouse Licence


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The Legislation

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

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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.