Document ID: chunk:federal_register_of_legislation:C2025C00155:section:87b:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 87B (pt 1/2)
Character Range: 429364–432114

87B  Variation of excise‑equivalent warehouse licence to remove warehouse
 (1) Subject to subsection (2), the Comptroller‑General of Customs may vary an excise‑equivalent warehouse licence to no longer cover a particular warehouse if:
 (a) the licence covers more than one warehouse; and
 (b) the Comptroller‑General is satisfied as to any of the matters mentioned in paragraphs 86(1AC)(a) to (f) in relation to the particular warehouse.
 (2) The Comptroller‑General must not vary a warehouse licence under subsection (1) if the effect of varying the licence would be that no warehouses are covered by the licence.
Note: If this subsection prevents the variation of a licence, the licence may be cancelled (see paragraphs 86(1)(a) and 87(1)(a)).
 (3) The Comptroller‑General must vary a licence under subsection (1) by written notice:
 (a) served, either personally or by post, on the licence holder; or
 (b) served personally on a person who, at the time of service, apparently participates in the management or control of one or more warehouses covered by the licence.
 (4) If a warehouse licence is varied under subsection (1) to no longer cover a warehouse (a former warehouse), the Collector may:
 (a) permit goods to be placed in the former warehouse; and
 (b) permit the removal of goods from the former warehouse, including the removal of goods to a warehouse; and
 (c) by notice in writing to the licence holder, require the licence holder to remove all or specified goods in the former warehouse to a warehouse approved by the Collector; and
 (d) take such control of the former warehouse or all or any goods in the former warehouse as may be necessary for the protection of the revenue or for ensuring compliance with the Customs Acts, any other law of the Commonwealth prescribed by the regulations, or a law of a State or Territory prescribed by the regulations; and
 (e) by notice in writing to the licence holder, require the licence holder to pay to the Commonwealth in respect of the services of officers required as the result of the licence being varied (including services relating to the supervision of activities in relation to the former warehouse permitted by a Collector, the stocktaking of goods in the former warehouse or the reconciliation of records relating to such goods) such fee as the Comptroller‑General of Customs determines having regard to the cost of the services; and
 (f) if the licence holder fails to comply with a requirement under paragraph (c) of this subsection in relation to goods—remove the goods from the former warehouse to a warehouse; and
 (g) if goods have been removed in accordance with paragraph (f) of this subsection—by notice in writing to the licence holder, require the licence holder to