Commonwealth Numbered Acts

Customs and Excise Amendment Act 1982 No. 81 of 1982 - SECT 19

19. Section 86 of the Principal Act is amended-

   (a)  by inserting after paragraph (1) (f) the following paragraph:

''(fa) where the licence is held by a company-the company is not a fit and
proper company to hold a warehouse licence;'';

   (b)  by inserting in sub-section (1) ''or for the purpose of ensuring
compliance with the Customs Acts'' after ''revenue''; and

   (c)  by inserting after sub-section (1) the following sub-sections:

''(1A) The Comptroller shall, in considering whether a person is a fit and
proper person for the purposes of paragraph (1) (c), (d), (e) or (f), have
regard to-

   (a)  any conviction of the person of an offence against this Act committed-

        (i)    where the licence has not been renewed-after the grant of the
               licence or within 10 years immediately preceding the making of
               the application for the licence;

        (ii)   where the licence has been renewed on one occasion only-after
               the renewal of the licence or within 10 years immediately
               preceding the making of the application for the renewal; or

        (iii)  where the licence has been renewed on more than one
               occasion-after the latest renewal of the licence or within 10
               years immediately preceding the making of the application for
               the latest renewal;

   (b)  any conviction of the person of 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-

        (i)    where the licence has not been renewed-after the grant of the
               licence or within 10 years immediately preceding the making of
               the application for the licence;

        (ii)   where the licence has been renewed on one occasion only-after
               the renewal of the licence or within 10 years immediately
               preceding the making of the application for the renewal; or

        (iii)  where the licence has been renewed on more than one
               occasion-after the latest renewal of the licence or within 10
               years immediately preceding the making of the application for
               the latest renewal; or

   (c)  whether the person is an undischarged bankrupt.

''(1B) The Comptroller shall, in considering whether a company is a fit and
proper company for the purposes of paragraph (1) (fa) have regard, in relation
to the company, to-

   (a)  any conviction of the company of an offence against this Act that was-

        (i)    where the licence has not been renewed-committed after the
               grant of the licence;

        (ii)   where the licence has been renewed on one occasion
               only-committed after the renewal of the licence;

        (iii)  where the licence has been renewed on more than one
               occasion-committed after the latest renewal of the licence; or

        (iv)   committed-

                (A)  where the licence has not been renewed-within 10 years
                     immediately preceding the making of the application for
                     the licence;

                (B)  where the licence has been renewed on one occasion
                     only-within 10 years immediately preceding the making of
                     the application for the renewal of the licence; or

                (C)  where the licence has been renewed on more than one
                     occasion-within 10 years immediately preceding the making
                     of the application for the latest renewal of the licence,

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;

   (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 $5,000 or more, being an offence that was-

        (i)    where the licence has not been renewed-committed after the
               grant of the licence;

        (ii)   where the licence has been renewed on one occasion
               only-committed after the renewal of the licence;

        (iii)  where the licence has been renewed on more than one
               occasion-committed after the latest renewal of the licence; or

        (iv)   committed-

                (A)  where the licence has not been renewed-within 10 years
                     immediately preceding the making of the application for
                     the licence;

                (B)  where the licence has been renewed on one occasion
                     only-within 10 years immediately preceding the making of
                     the application for the renewal of the licence; and

                (C)  where the licence has been renewed on more than one
                     occasion-within 10 years immediately preceding the making
                     of the application for the latest renewal of the licence,

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)  the matters mentioned in paragraphs 81 (3) (c), (d) and (e).'';

   (d)  by inserting in paragraph (3) (b) ''or for ensuring compliance with
        the
Customs Acts'' after ''revenue'';

   (e)  by omitting from paragraph (7) (d) ''writing'' and substituting ''a
        prescribed manner''; and

   (f)  by inserting in paragraph (7) (e) ''or for ensuring compliance with
        the
Customs Acts'' after ''revenue''.