Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 77M

             (1)  On and after this Part's commencement, a place that was an appointed place under paragraph 17(b) of this Act immediately before that commencement ceases to be so appointed.

             (2)  A person occupying and controlling such a place (the operator ) may, before 1 July 1997, apply for a depot licence to cover that place.

             (3)  If the CEO has not made a decision whether or not to grant the licence before 1 October 1997, the CEO is taken to have refused the application.

             (4)  If the operator does not apply for the depot licence before 1 July 1997:

                     (a)  for the purposes of this Part, the place is taken to be covered by a depot licence for the period starting from this Part's commencement and ending at the end of 30 June 1997; and

                     (b)  for the purposes of this Part, the operator is taken to be the holder of such a licence for that period; but

                     (c)  in spite of any provisions in this Part, the operator is not liable to pay depot licence charge for that period.

             (5)  If:

                     (a)  the operator applies for the depot licence before 1 July 1997; and

                     (b)  the CEO refuses, or is taken to have refused, the application before 1 October 1997 and:

                              (i)  the operator does not apply for a review of that decision within 28 days of that decision; or

                             (ii)  the operator applies for such a review and the Tribunal affirms the CEO's decision;

then:

                     (c)  for the purposes of this Part, the place is taken to be covered by a depot licence for the period starting from this Part's commencement and ending:

                              (i)  if subparagraph (5)(b)(i) applies--28 days after the CEO's decision; or

                             (ii)  if subparagraph (5)(b)(ii) applies--on the day of the Tribunal's decision; and

                     (d)  for the purposes of this Part, the operator is taken to be the holder of that licence for that period; but

                     (e)  in spite of any provisions in this Part, the operator is not liable to pay depot licence charge for that period.

             (6)  If:

                     (a)  the operator applies for the depot licence before 1 July 1997; and

                     (b)  the application is successful (whether or not subsequent to an application by the operator to the Tribunal);

then:

                     (c)  the licence granted to the operator must cover the period starting from this Part's commencement and ending at the end of 30 June 1998; and

                     (d)  the operator must pay Customs depot licence charge within 30 days of the granting of the licence.

Note:          Section 77S provides the general rule that each grant of a licence is for a period of not more than 12 months. Subsection (6) of this section is an exception to that general rule.

             (7)  If Australia Post would, apart from this subsection, be required to pay under this section an amount of depot licence charge in respect of the whole or a part of an International Mail Centre, it is not liable to pay that amount.