Section 81B Customs Act 1901 | Variation of the Place Covered by a Warehouse Licence


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The Legislation

Section 81B of the Customs Act 1901 (Cth) deals with Variation of the Place Covered by a Warehouse Licence and is extracted below.

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81B Variation of the place covered by a warehouse licence

(1) The CEO may, on application by the holder of a warehouse licence, vary the licence by:

(a) omitting the description of the place that is described in the licence and substituting a description of another place; or
(b) altering the description of the place that is described in the licence.

(2) The application must:

(a) be in writing; and
(b) be in an approved form; and
(c) contain such information as the form requires; and
(d) be signed in the manner indicated in the form.

(3) The CEO may, by written notice given to an applicant for the variation of a warehouse licence, require the applicant to give further information in relation to the application:

(a) within the period that is specified in the notice; or
(b) within such further period as the CEO allows.

(4) If an application for the variation of a warehouse licence is made under subsection (1), the CEO must not grant the application if, in the CEO’s opinion:

(a) the physical security of the place whose description is to be substituted, or of the place that would have the altered description, would not be adequate having regard to:

(i) the nature of the place; or
(ii) the kinds and quantity of goods that would be kept in the place if the variation were made; or
(iii) the procedures and methods that would be adopted by the applicant to ensure the security of goods in the place if the variation were made; or

(b) the plant and equipment that would be used in relation to goods in the place, if the variation were made, would not be suitable having regard to the nature of those goods and that place; or
(c) the books of account or records that would be kept in relation to the place, if the variation were made, would not be suitable to enable Customs adequately to audit those books or records.

(5) The CEO must not grant an application under subsection (1) for the substitution of the description of a place in a warehouse licence if, in the CEO’s opinion, the place would be too remote from the nearest place where officers, who regularly perform their functions for Customs, would be able conveniently to check whether the Customs Acts are being complied with at the place. (6) If an application is made under subsection (1), the CEO must decide whether or not to grant the application:

(a) if paragraph (b) of this subsection does not apply—within 60 days after receiving the application; or
(b) if:

(i) the CEO requires the applicant to give further information under subsection (3); and
(ii) the applicant supplies the information in accordance with that subsection;
within 60 days after receiving the information.

(7) If the CEO has not made a decision whether or not to grant an application made under subsection (1) before the end of the period that applies under subsection (6), the CEO is taken to have refused the application at the end of that period.