Section 183CA of the Customs Act 1901 (Cth) deals with Improperly Applying for a Licence and is extracted below.
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The Legislation
183CA Application for licence
(1) An application for a broker’s licence shall:
(a) be in writing; and
(b) specify the place or places at which the applicant proposes to act as a customs broker; and
(c) where the application is made by a company or a partnership—specify the person or each person who, if the licence is granted, is to be its nominee; and
(ca) where the application is made by a natural person—specify the person or each person (if any) who, if the licence is granted, is to be a nominee of the applicant; and
(d) set out the name and address of each person whom the CEO is required to consider for the purposes of subparagraph 183CC(1)(a)(i) or paragraph 183CC(1)(b) or (c); and
(e) set out such particulars of the persons and matters that the CEO is required to consider for the purposes of subparagraph 183CC(1)(a)(ii) and section 183CD as will enable him or her adequately to consider those matters; and
(f) contain such other information as is prescribed.
(2) Where a person makes an application, he or she shall not propose a person as his or her nominee at a place unless, at the time the application is made, that person is eligible, or intends to take all necessary action to ensure that, if a broker’s licence is granted to the applicant, he or she will be eligible, to be a nominee of the applicant at that place.
(3) A person shall not be proposed under paragraph (1)(c) unless he or she has consented, in writing, to the proposal.
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