Document ID: chunk:federal_register_of_legislation:C2025C00155:section:77k:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 77K (pt 1/3)
Character Range: 348358–350874

77K  Requirements for grant of depot licence
 (1) The Comptroller‑General of Customs must not grant a depot licence if, in his or her opinion:
 (a) if the applicant is a natural person—the applicant is not a fit and proper person to hold a depot licence; or
 (b) if 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 depot licence; or
 (c) if the applicant is a company—any director, officer or shareholder of a company who would participate in the management or control of the place proposed to be covered by the licence (the proposed depot) 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 proposed depot is not a fit and proper person so to participate; or
 (e) if the applicant is a company—the company is not a fit and proper company to hold a depot licence; or
 (f) if the applicant is a natural person or a company—the applicant would not be in a position to occupy and control the proposed depot if the licence were granted; or
 (g) if the applicant is a partnership—none of the members of the partnership would be in a position to occupy and control the proposed depot if the licence were granted; or
 (h) the physical security of the proposed depot is not adequate having regard to:
 (i) the nature of the place; or
 (ii) the procedures and methods that would be adopted by the applicant to ensure the security of goods in the proposed depot if the licence were granted; or
 (i) the records that would be kept in relation to the proposed depot would not be suitable to enable an officer of Customs adequately to audit those records.
 (2) The Comptroller‑General of Customs must, in deciding 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 of an offence against this Act committed within the 10 years immediately before that decision; and
 (b) any conviction of the person of an offence against another law of the Commonwealth, or a law of a State or of a Territory, that is punishable by imprisonment for one year or longer, being an offence committed within the 10 years immediately before that decision; and
 (c) whether the person is an insolvent under administration; and
 (d) any misleading statement made under section 77H or 77J in relation to the application for the licence by or in relation to the person; and
 (e) if any such